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Rule 3745-51-01 | Purpose and scope of Chapter 3745-51 of the Administrative Code.
(A) Chapter 3745-51 of the Administrative Code identifies those
wastes which are subject to regulation as hazardous wastes under Chapters
3745-50, 3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69
and 3745-256, and 3745-270 of the Administrative Code, and which are subject to
the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.
Chapter 3745-51 of the Administrative Code includes: (1) Rules 3745-51-01 to 3745-51-09 of the
Administrative Code define the terms "waste" and "hazardous
waste," identify those wastes which are excluded from regulation under
Chapters 3745-50, 3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to
3745-69 and 3745-256, 3745-266, and 3745-270 of the Administrative Code, and
establish special management requirements for hazardous waste which is
recycled. (2) Rules 3745-51-10 to 3745-51-11 of the
Administrative Code provide the criteria used to identify characteristics of
hazardous waste and to list particular hazardous wastes. (3) Rules 3745-51-20 to 3745-51-24 of the
Administrative Code identify characteristics of hazardous waste. (4) Rules 3745-51-30 to 3745-51-33 of the
Administrative Code list particular hazardous wastes. (B) (1) The definition of "waste"
in Chapter 3745-51 of the Administrative Code applies only to wastes that are
also hazardous for purposes of the regulations adopted pursuant to section
3734.12 of the Revised Code. For example, the definition does not apply to
materials (such as non-hazardous scrap, paper, textiles, or rubber) that are
not otherwise hazardous wastes and that are recycled. (2) A material which is not defined as a
"waste" in Chapter 3745-51 of the Administrative Code, or is not a
hazardous waste identified or listed in Chapter 3745-51 of the Administrative
Code, still may be construction and demolitions debris, solid waste, infectious
waste, hazardous waste, industrial waste, or other waste for purposes of
Chapters 3714., 3734., and 6111. of the Revised Code if: (a) In the case of Chapters 3714., 3734. and 6111. of the Revised
Code, the director has reason to believe that the material may be
"construction and demolition debris" as defined in section 3714.01 of
the Revised Code, "solid waste" or "hazardous waste" as
defined in section 3734.01 of the Revised Code, or "industrial waste"
or "other waste" as defined in section 6111.01 of the Revised Code;
or (b) In the case of Chapter 6111. of the Revised Code, the
statutory elements are established. (C) For purposes of rules 3745-51-02 and 3745-51-06 of the
Administrative Code: (1) A "spent material" is any
material that has been used and as a result of contamination can no longer
serve the purpose for which the material was produced without
processing. (2) "Sludge" has the same
meaning as in rule 3745-50-10 of the Administrative Code. (3) A "by-product" is a
material that is not one of the primary products of a production process and is
not solely or separately produced by the production process. Examples are
process residues such as slags or distillation column bottoms. By-product does
not include a co-product that is produced for the general public's use and
is ordinarily used in the form the co-product is produced by the
process. (4) A material is "reclaimed"
if the material is processed to recover a usable product, or if the material is
regenerated. Examples are recovery of lead values from spent batteries and
regeneration of spent solvents. In addition, for purposes of paragraphs (A)(23)
and (A)(24) of rule 3745-51-04 of the Administrative Code, smelting, melting,
and refining furnaces are considered to be solely engaged in metals reclamation
if the metal recovery from the hazardous secondary materials meets the same
requirements as those specified for metals recovery from hazardous waste in
paragraphs (D)(1) to (D)(3) of rule 3745-266-100 of the Administrative Code,
and if the residuals meet the requirements specified in rule 3745-266-112 of
the Adminsitrative Code. (5) A material is used or reused if the
material is either: (a) Employed as an ingredient (including use as an intermediate)
in an industrial process to make a product (for example, distillation bottoms
from one process used as feedstock in another process). However, a material
does not satisfy this condition if distinct components of the material are
recovered as separate end products (as when metals are recovered from
metal-containing secondary materials); or (b) Employed in a particular function or application as an
effective substitute for a commercial product (for example, spent pickle liquor
used as phosphorous precipitant and sludge conditioner in wastewater
treatment). (6) "Scrap metal" is bits and
pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal
pieces that may be combined together with bolts or soldering (e.g., radiators,
scrap automobiles, railroad box cars), which when worn or superfluous can be
recycled. (7) A material is "recycled" if
the material is used, reused, or reclaimed. (8) A material is "accumulated
speculatively" if the material is accumulated before being recycled. A
material is not accumulated speculatively, however, if the person accumulating
the material can show that the material is potentially recyclable and has a
feasible means of being recycled; and that during the calendar year commencing
January first, the amount of material that is recycled, or transferred to a
different site for recycling, equals at least seventy-five per cent by weight
or volume of the amount of that material accumulated at the beginning of the
calendar year. Materials shall be placed in a storage unit with a label
indicating the first date that the material began to be accumulated. If placing
a label on the storage unit is not practicable, the accumulation period shall
be documented through an inventory log or other appropriate method. In
calculating the percentage of turnover, the seventy-five per cent requirement
is to be applied to each material of the same type (e.g., slags from a single
smelting process) that is recycled in the same way (i.e., from which the same
material is recovered or that is used in the same way). Materials accumulating
in units that would be exempt from regulation under paragraph (C) of rule
3745-51-04 of the Administrative Code are not to be included in making the
calculation. Materials that are already defined as "wastes" also are
not to be included in making the calculation. Materials are no longer in this
category once the materials are removed from accumulation for
recycling. (9) "Excluded scrap metal" is
processed scrap metal, unprocessed home scrap metal, and unprocessed prompt
scrap metal. (10) "Processed scrap metal" is
scrap metal which has been manually or physically altered either to separate
the scrap metal into distinct materials to enhance economic value, or to
improve the handling of materials. Processed scrap metal includes, but is not
limited to, scrap metal which has been baled, shredded, sheared, chopped,
crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and
fines, drosses, and related materials which have been
agglomerated. [Comment: Shredded circuit boards being sent
for recycling are not considered processed scrap metal. Such materials are
covered under the exclusion from the definition of "waste" for
shredded circuit boards being recycled in paragraph (A)(14) of rule 3745-51-04
of the Administrative Code.] (11) "Home scrap metal" is scrap
metal as generated by steel mills, foundries, and refineries, such as turnings,
cuttings, punchings, and borings. (12) "Prompt scrap metal" is
scrap metal as generated by the metal working or metal fabrication industries,
and includes such scrap metal as turnings, cuttings, punchings, and borings.
Prompt scrap is also known as industrial or new scrap metal.
Last updated March 7, 2025 at 8:11 AM
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Rule 3745-51-02 | Definition of waste.
(A) (1) A "waste" is any discarded material that is not excluded by paragraph (A) of rule 3745-51-04 of the Administrative Code or that is not excluded by variance granted under rules 3745-50-23 and 3745-50-24 of the Administrative Code or that is not excluded by a non-waste determination under rules 3745-50-23 and 3745-50-15 of the Administrative Code. (2) A "discarded material" is any material which is: (a) Abandoned, as explained in paragraph (B) of this rule; or (b) Recycled, as explained in paragraph (C) of this rule; or (c) Considered inherently waste-like, as explained in paragraph (D) of this rule; or (d) A military munition identified as a waste in rule 3745-266-202 of the Administrative Code. (B) Materials are waste if the materials are abandoned by being: (1) Disposed of; or (2) Burned or incinerated; or (3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed, burned, or incinerated; or (4) Sham recycled, as explained in paragraph (G) of this rule. (C) Materials are wastes if the materials are recycled- or accumulated, stored, or treated before recycling,- as specified in paragraphs (C)(1) to (C)(4) of this rule. (1) Used in a manner constituting disposal. (a) Materials noted with an asterisk in column 1 of the table in this rule are wastes when the materials are: (i) Applied to or placed on the land in a manner that constitutes disposal; or (ii) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product remains a waste). (b) However, commercial chemical products listed in rule 3745-51-33 of the Administrative Code are not wastes if the products are applied to the land and that is the ordinary manner of use. (2) Burning for energy recovery. (a) Materials noted with an asterisk in column 2 of the table in this rule are wastes when the materials are: (i) Burned to recover energy; or (ii) Used to produce a fuel, or are otherwise contained in fuels (in which cases the fuel remains a waste). (b) However, commercial chemical products listed in rule 3745-51-33 of the Administrative Code are not wastes if the commercial chemical products are fuels. (3) Reclaimed. Materials noted with an asterisk in column 3 of the table in this rule are wastes when reclaimed [except as provided in paragraph (A)(17), (A)(23), (A)(24), or (A)(27) of rule 3745-51-04 of the Administrative Code]. Materials noted with a dash in column 3 of the table in this rule are not wastes when reclaimed. (4) Accumulated speculatively. Materials noted with an asterisk in column 4 of the table in this rule are wastes when accumulated speculatively. (D) Inherently waste-like materials. The following materials are wastes when the materials are recycled in any manner: (1) Hazardous wastes numbers F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028. (2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste, as described in rules 3745-51-20 to 3745-51-24 of the Administrative Code, or are listed as a hazardous waste, as described in rules 3745-51-30 to 3745-51-35 of the Administrative Code, except for brominated material that meets the following criteria: (a) The material shall contain a bromine concentration of at least forty-five per cent; and (b) The material shall contain less than a total of one per cent of toxic organic compounds listed in the appendix to rule 3745-51-11 of the Administrative Code; and (c) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping). (3) The director will use the following criteria to add wastes to the list of inherently waste-like materials: (a) (i) The materials are ordinarily disposed of, burned, or incinerated; or (ii) The materials contain toxic constituents listed in the appendix to rule 3745-51-11 of the Administrative Code and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and (b) The materials may pose a substantial hazard to human health and the environment when recycled. (E) Materials that are not waste when recycled. (1) Materials are not wastes when the materials can be shown to be recycled by being: (a) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or (b) Used or reused as effective substitutes for commercial products; or (c) Returned to the original process from which the materials were generated, without first being reclaimed or land disposed. The materials shall be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials shall be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found in paragraph (A)(17) of rule 3745-51-04 of the Administrative Code apply rather than this provision. (2) The following materials are wastes, even if the recycling involves use, reuse, or return to the original process [as described in paragraphs (E)(1)(a) to (E)(1)(c) of this rule]: (a) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or (b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or (c) Materials accumulated speculatively; or (d) Materials listed in paragraphs (D)(1) and (D)(2) of this rule. (F) Documentation of claims that materials are not wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations adopted under Chapter 3734. of the Revised Code who raise a claim that a certain material is not a waste, or is conditionally exempt from regulation, shall demonstrate that there is a known market or disposition for the material and that the respondent meets the terms of the exclusion or exemption. In doing so, the respondent shall provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that the facilities actually are recycling materials shall show that the facilities have the necessary equipment to do so. | Use Constituting Disposal [paragraph (C)(1) of rule 3745-51-02 of the Administrative Code] | Energy Recovery/Fuel [paragraph (C)(2) of rule 3745-51-02 of the Administrative Code] | Reclamation [paragraph (C)(3) of rule 3745-51-02 of the Administrative Code] [except as provided in paragraph (A)(17), (A)(23), (A)(24), or (A)(27) of rule 3745-51-04 of the Administrative Code for processing secondary materials] | Speculative Accumulation [paragraph (C)(4) of rule 3745-51-02 of the Administrative Code] | | 1 | 2 | 3 | 4 | | Spent materials | (*) | (*) | (*) | (*) | | Sludges (listed in rule 3745-51-31 or 3745-51-32 of the Administrative Code) | (*) | (*) | (*) | (*) | | Sludges exhibiting a characteristic of hazardous waste | (*) | (*) | -- | (*) | | By-products (listed in rule 3745-51-31 or 3745-51-32 of the Administrative Code) | (*) | (*) | (*) | (*) | | By-products exhibiting a characteristic of hazardous waste | (*) | (*) | -- | (*) | | Commercial chemical products listed in rule 3745-51-33 of the Administrative Code | (*) | (*) | -- | -- | | Scrap metal that is not excluded scrap metal [see paragraph (A)(13) of rule 3745-51-04 of the Administrative Code] | (*) | (*) | (*) | (*) | | Note: The terms "spent material," "sludge," "by-product," "scrap metal," and "excluded scrap metal" are defined in rule 3745-51-01 of the Administrative Code. |
(G) Sham recycling. A hazardous secondary material found to be sham recycled is considered discarded and a waste. Sham recycling is recycling that is not legitimate recycling, as defined in rule 3745-50-17 of the Administrative Code.
Last updated June 12, 2023 at 8:33 AM
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Rule 3745-51-03 | Definition of hazardous waste.
(A) A "waste," as defined in
rule 3745-51-02 of the Administrative Code, is a "hazardous waste"
if: (1) The waste is not
excluded from regulation as a hazardous waste under paragraph (B) of rule
3745-51-04 of the Administrative Code; and (2) The waste meets any
of the following criteria: (a) The waste exhibits any of the characteristics of hazardous
waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.
However, any mixture of a waste from the extraction, beneficiation, and
processing of ores and minerals excluded under paragraph (B)(7) of rule
3745-51-04 of the Administrative Code and any other waste exhibiting a
characteristic of hazardous waste under rules 3745-51-20 to 3745-51-24 of the
Administrative Code is a hazardous waste only if such mixture exhibits a
characteristic that would not have been exhibited by the excluded waste alone
if such mixture had not occurred, or if such mixture continues to exhibit any
of the characteristics exhibited by the non-excluded wastes prior to mixture.
Further, for the purposes of applying the toxicity characteristic leaching
procedure to such mixtures, the mixture is also a hazardous waste if such
mixture exceeds the maximum concentration for any contaminant listed in the
table in rule 3745-51-24 of the Administrative Code that would not have been
exceeded by the excluded waste alone if the mixture had not occurred or if such
mixture continues to exceed the maximum concentration for any contaminant
exceeded by the nonexempt waste prior to mixture. (b) The waste is listed in rules 3745-51-30 to 3745-51-35 of the
Administrative Code and has not been excluded from the lists in rules
3745-51-30 to 3745-51-35 of the Administrative Code under 40 CFR 260.20 and 40
CFR 260.22. (c) [Reserved.] (d) The waste is a mixture of waste and one or more
hazardous wastes listed in rules 3745-51-30 to 3745-51-35 of the Administrative
Code and has not been excluded from paragraph (A)(2) of this rule under 40 CFR
260.20 and 40 CFR 260.22, paragraph (G) of this rule, or paragraph (H) of this
rule. However, the following mixtures of wastes and hazardous wastes listed in
rules 3745-51-30 to 3745-51-35 of the Administrative Code are not hazardous
wastes [except by application of paragraph (A)(2)(a) or (A)(2)(b) of this rule]
if the generator can demonstrate that the mixture consists of wastewater, the
discharge of which is subject to regulation under either Section 402 or Section
307(b) of the Clean Water Act (CWA) (including wastewater at facilities which
have eliminated the discharge of wastewater) and: (i) One or more of the
following spent solvents listed in rule 3745-51-31 of the Administrative Code -
benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the
scrubber waters derived-from the combustion of these spent solvents- provided
that the maximum total weekly usage of these solvents (other than the amounts
that can be demonstrated not to be discharged to wastewater) divided by the
average weekly flow of wastewater into the headworks of the facility's
wastewater treatment or pretreatment system does not exceed one part per
million; or the total measured concentration of these solvents entering the
headworks of the facility's wastewater treatment system (at facilities
subject to regulation under the Clean Air Act (CAA) at 40 CFR Part 60, 40 CFR
Part 61, or 40 CFR Part 63, or at facilities subject to an enforceable limit in
a federal operating permit that minimizes fugitive emissions), does not exceed
one part per million on an average weekly basis. Any facility that uses benzene
as a solvent and claims this exemption shall use an aerated biological
wastewater treatment system and shall use only lined surface impoundments or
tanks prior to secondary clarification in the wastewater treatment system.
Facilities that choose to measure concentration levels shall file a copy of the
facility's sampling and analysis plan with the regional administrator, or
the director, as the context requires. A facility shall file a copy of a
revised sampling and analysis plan only if the initial plan is rendered
inaccurate by changes in the facility's operations. The sampling and
analysis plan shall include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once the facility
receives confirmation that the sampling and analysis plan has been received by
the director. The director may reject the sampling and analysis plan if the
director finds that the sampling and analysis plan fails to include the
information required in this paragraph, or if the plan parameters would not
enable the facility to accurately calculate the weekly average concentration of
these chemicals. If the director rejects the sampling and analysis plan, or if
the director finds that the facility is not following the sampling and analysis
plan, the director shall notify the facility to cease the use of the direct
monitoring option until such time as the bases for rejection are corrected;
or (ii) One or more of the
following spent solvents listed in rule 3745-51-31 of the Administrative Code -
methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene,
cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents,
2-ethoxyethanol, or the scrubber waters derived-from the combustion of these
spent solvents - provided that the maximum total weekly usage of these solvents
(other than the amounts that can be demonstrated not to be discharged to
wastewater) divided by the average weekly flow of wastewater into the headworks
of the facility's wastewater treatment or pretreatment system does not
exceed twenty-five parts per million, or the total measured concentration of
these solvents entering the headworks of the facility's wastewater
treatment system (at facilities subject to regulation under the CAA at 40 CFR
Part 60, 40 CFR Part 61, or 40 CFR Part 63, or at facilities subject to an
enforceable limit in a federal operating permit that minimizes fugitive
emissions), does not exceed twenty-five parts per million on an average weekly
basis. Facilities that choose to measure concentration levels shall file a copy
of the facility's sampling and analysis plan with the regional
administrator, or the director, as the context requires. A facility shall file
a copy of a revised sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility's operations. The sampling
and analysis plan shall include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once the facility
receives confirmation that the sampling and analysis plan has been received by
the director. The director may reject the sampling and analysis plan if the
director finds that the sampling and analysis plan fails to include the
information required in this paragraph, or if the plan parameters would not
enable the facility to accurately calculate the weekly average concentration of
these chemicals. If the director rejects the sampling and analysis plan, or if
the director finds that the facility is not following the sampling and analysis
plan, the director shall notify the facility to cease the use of the direct
monitoring option until such time as the bases for rejection are corrected;
or (iii) One of the
following wastes listed in rule 3745-51-32 of the Administrative Code, provided
that the wastes are discharged to the refinery oil recovery sewer before
primary oil or water or solids separation - heat exchanger bundle cleaning
sludge from the petroleum refining industry (EPA hazardous waste number K050),
crude oil storage tank sediment from petroleum refining operations (EPA
hazardous waste number K169), clarified slurry oil tank sediment or in-line
filter solids or separation solids from petroleum refining operations (EPA
hazardous waste number K170), spent hydrotreating catalyst (EPA hazardous waste
number K171), and spent hydrorefining catalyst (EPA hazardous waste number
K172); or (iv) A discarded
hazardous waste, commercial chemical product, or chemical intermediate listed
in rules 3745-51-31 to 3745-51-33 of the Administrative Code, arising from de
minimis losses of these materials. For purposes of this paragraph, "de
minimis losses" are inadvertent releases to a wastewater treatment system,
including those 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; relief device discharges; discharges
from safety showers and rinsing and cleaning of personal safety equipment; and
rinsate from empty containers or from containers that are rendered empty by
that rinsing. Any manufacturing facility that claims an exemption for de
minimis quantities of wastes listed in rules 3745-51-31 to 3745-51-32 of the
Administrative Code, or any non-manufacturing facility that claims an exemption
for de minimis quantities of wastes listed in rules 3745-51-30 to 3745-51-35 of
the Administrative Code, either shall have eliminated the discharge of
wastewaters or shall have included in the facility's CWA permit
application or submittal to the facility's pretreatment control authority
the constituents for which each waste was listed (in the appendix to rule
3745-51-30 of the Administrative Code); and the constituents in the table
"Treatment Standards for Hazardous Wastes" in rule 3745-270-40 of the
Administrative Code for which each waste has a treatment standard (i.e., land
disposal restriction constituents). A facility is eligible to claim the
exemption once the permit writer or control authority has been notified of
possible de minimis releases via the CWA permit application or the pretreatment
control authority submittal. A copy of the CWA permit application or the
submittal to the pretreatment control authority shall be placed in the
facility's on-site files; or (v) Wastewater resulting
from laboratory operations containing toxic (T) wastes listed in rules
3745-51-30 to 3745-51-35 of the Administrative Code, provided that the
annualized average flow of laboratory wastewater does not exceed one per cent
of total wastewater flow into the headworks of the facility's wastewater
treatment or pretreatment system, or provided the wastes' combined
annualized average concentration does not exceed one part per million in the
headworks of the facility's wastewater treatment or pretreatment facility.
Toxic (T) wastes used in laboratories that are demonstrated not to be
discharged to wastewater are not to be included in this calculation;
or (vi) One or more of the
following wastes listed in rule 3745-51-32 of the Administrative Code -
wastewaters from the production of carbamates and carbamoyl oximes (EPA
hazardous waste number K157) - provided that the maximum weekly usage of
formaldehyde, methyl chloride, methylene chloride, and triethylamine (including
all amounts that cannot be demonstrated to be reacted in the process, destroyed
through treatment, or is recovered, i.e., what is discharged or volatilized)
divided by the average weekly flow of process wastewater prior to any dilutions
into the headworks of the facility's wastewater treatment system does not
exceed a total of five parts per million by weight; or the total measured
concentration of these chemicals entering the headworks of the facility's
wastewater treatment system (at facilities subject to regulation under the CAA
at 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63, or at facilities subject
to an enforceable limit in a federal operating permit that minimizes fugitive
emissions), does not exceed five parts per million on an average weekly basis.
Facilities that choose to measure concentration levels shall file a copy of the
facility's sampling and analysis plan with the regional administrator, or
the director, as the context requires. A facility shall file a copy of a
revised sampling and analysis plan only if the initial plan is rendered
inaccurate by changes in the facility's operations. The sampling and
analysis plan shall include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once the facility
receives confirmation that the sampling and analysis plan has been received by
the director. The director may reject the sampling and analysis plan if the
director finds that the sampling and analysis plan fails to include the
information required in this paragraph, or if the plan parameters would not
enable the facility to accurately calculate the weekly average concentration of
these chemicals. If the director rejects the sampling and analysis plan, or if
the director finds that the facility is not following the sampling and analysis
plan, the director shall notify the facility to cease the use of the direct
monitoring option until such time as the bases for rejection are corrected;
or (vii) Wastewaters
derived-from the treatment of one or more of the following wastes listed in
rule 3745-51-32 of the Administrative Code- organic waste (including heavy
ends, still bottoms, light ends, spent solvents, filtrates, and decantates)
from the production of carbamates and carbamoyl oximes (EPA hazardous waste
number K156) - provided that the maximum concentration of formaldehyde, methyl
chloride, methylene chloride, and triethylamine prior to any dilutions into the
headworks of the facility's wastewater treatment system does not exceed a
total of five milligrams per liter or the total measured concentration of these
chemicals entering the headworks of the facility's wastewater treatment
system (at facilities subject to regulation under the CAA at 40 CFR Part 60, 40
CFR Part 61, or 40 CFR Part 63, or at facilities subject to an enforceable
limit in a federal operating permit that minimizes fugitive emissions), does
not exceed five milligrams per liter on an average weekly basis. Facilities
that choose to measure concentration levels shall file a copy of the
facility's sampling and analysis plan with the regional administrator, or
the director, as the context requires. A facility shall file a copy of a
revised sampling and analysis plan only if the initial plan is rendered
inaccurate by changes in the facility's operations. The sampling and
analysis plan shall include the monitoring point location (headworks), the
sampling frequency and methodology, and a list of constituents to be monitored.
A facility is eligible for the direct monitoring option once the facility
receives confirmation that the sampling and analysis plan has been received by
the director. The director may reject the sampling and analysis plan if the
director finds that the sampling and analysis plan fails to include the
information required in this paragraph, or if the plan parameters would not
enable the facility to accurately calculate the weekly average concentration of
these chemicals. If the director rejects the sampling and analysis plan, or if
the director finds that the facility is not following the sampling and analysis
plan, the director shall notify the facility to cease the use of the direct
monitoring option until such time as the bases for rejection are
corrected. (e) Rebuttable presumption for used oil. Used oil
containing more than one thousand parts per million total halogens is presumed
to be a hazardous waste because the used oil has been mixed with halogenated
hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative
Code. Persons may rebut this presumption by demonstrating that the used oil
does not contain hazardous waste (for example, to show that the used oil does
not contain significant concentrations of halogenated hazardous constituents
listed in the appendix to rule 3745-51-11 of the Administrative
Code). (i) The rebuttable
presumption does not apply to metalworking oils or fluids containing
chlorinated paraffins, if they are processed, through a tolling agreement, to
reclaim metalworking oils or fluids. The presumption does apply to metalworking
oils or fluids if such oils or fluids are recycled in any other manner, or
disposed. (ii) The rebuttable
presumption does not apply to used oils contaminated with chlorofluorocarbons
(CFCs) removed from refrigeration units where the CFCs are destined for
reclamation. The rebuttable presumption does apply to used oils contaminated
with CFCs that have been mixed with used oil from sources other than
refrigeration units. (B) A waste which is not excluded from
regulation under paragraph (A)(1) of this rule becomes a hazardous waste when
any of the following events occur: (1) In the case of a
waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code, when
the waste first meets the listing description in rules 3745-51-30 to 3745-51-35
of the Administrative Code. (2) In the case of a
mixture of waste and one or more listed hazardous wastes, when a hazardous
waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code is
first added to the waste. (3) In the case of any
other waste (including a waste mixture), when the waste exhibits any of the
characteristics identified in rules 3745-51-20 to 3745-51-24 of the
Administrative Code. (C) Unless and until a hazardous waste
meets the criteria of paragraph (D) of this rule: (1) A hazardous waste
will remain a hazardous waste. (2) (a) Except as otherwise provided in paragraph (C)(2)(b), (G), or
(H) of this rule, any waste generated from the treatment, storage, or disposal
of a hazardous waste, including any sludge, spill residue, ash emission control
dust, or leachate (but not including precipitation run-off) is a hazardous
waste. (However, materials that are reclaimed from wastes and that are used
beneficially are not wastes and hence are not hazardous wastes under this
provision unless the reclaimed material is burned for energy recovery or used
in a manner constituting disposal.) (b) The following wastes are not hazardous even though the wastes
are generated from the treatment, storage, or disposal of a hazardous waste,
unless the wastes exhibit one or more of the characteristics of hazardous
waste: (i) Waste pickle liquor
sludge generated by lime stabilization of spent pickle liquor from the iron and
steel industry (SIC codes 331X and 332X). (ii) Waste from burning
any of the materials exempted from regulation by paragraphs (A)(3)(c) and
(A)(3)(d) of rule 3745-51-06 of the Administrative Code. (iii) (a) Nonwastewater
residues, such as slag, resulting from high temperature metals recovery (HTMR)
processing of K061, K062, or F006 waste, in units defined as rotary kilns,
flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary
hearth furnance or electric furnace combinations, or industrial furnaces [as
defined in subparagraphs (f), (g), and (m) of "industrial furnace" in
rule 3745-50-10 of the Administrative Code], that are disposed in licensed
solid waste landfills, provided that these residues meet the generic exclusion
levels identified in the table in this paragraph for all constituents, and
exhibit no characteristics of hazardous waste. Testing requirements shall be
incorporated in a facility's waste analysis plan or a generator's
self-implementing waste analysis plan. At a minimum, composite samples of
residues shall be collected and analyzed quarterly or when the process or
operation generating the waste changes. Persons claiming this exclusion in an
enforcement action will have the burden of proving by clear and convincing
evidence that the material meets all the exclusion requirements. | Table | | Constituent | Maximum for any single composite sample - TCLP(mg/L) | | Generic exclusion levels for K061 and K062 nonwastewater HTMRresidues | | Antimony | 0.1 | | Arsenic | 0.5 | | Barium | 7.6 | | Beryllium | 0.01 | | Cadmium | 0.05 | | Chromium (total) | 0.33 | | Lead | 0.15 | | Mercury | 0.009 | | Nickel | 1.0 | | Selenium | 0.16 | | Silver | 0.3 | | Thallium | 0.02 | | Zinc | 70.0 | | Generic exclusion levels for F006 nonwastewater HTMRresidues | | Antimony | 0.1 | | Arsenic | 0.5 | | Barium | 7.6 | | Beryllium | 0.01 | | Cadmium | 0.05 | | Chromium (total) | 0.33 | | Cyanide (total) (mg/kg) | 1.8 | | Lead | 0.15 | | Mercury | 0.009 | | Nickel | 1.0 | | Selenium | 0.16 | | Silver | 0.3 | | Thallium | 0.02 | | Zinc | 70.0 |
(b) A one-time
notification and certification shall be placed in the facility's files and
sent to the director for K061, K062, or F006 HTMR residues that meet the
generic exclusion levels for all constituents and do not exhibit any
characteristics that are sent to licensed solid waste landfills. The
notification and certification that is placed in the generator's or
treater's files shall be updated if the process or operation generating
the waste changes or if the licensed solid waste landfill receiving the waste
changes. However, the generator or treater need only notify the director on an
annual basis if such changes occur. Such notification and certification should
be sent to the director by the end of the calendar year, but no later than
December thirty-first. The notification shall include the following
information: (i) The name and address
of the licensed solid waste landfill receiving the waste
shipments; (ii) The EPA hazardous
waste numbers and treatability groups at the initial point of generation;
and (iii) The treatment
standards in Chapter 3745-270 of the Administrative Code applicable to the
waste at the initial point of generation. (iv) The certification
shall be signed by an authorized representative and shall state as
follows: "I certify under penalty of law
that the generic exclusion levels for all constituents have been met without
impermissible dilution and that no characteristic of hazardous waste is
exhibited. I am aware that there are significant penalties for submitting a
false certification, including the possibility of fine and
imprisonment." (iv) Biological treatment
sludge from the treatment of one of the following wastes listed in rule
3745-51-32 of the Administrative Code - organic waste (including heavy ends,
still bottoms, light ends, spent solvents, filtrates, and decantates) from the
production of carbamates and carbamoyl oximes (EPA hazardous waste number
K156), and wastewaters from the production of carbamates and carbamoyl oximes
(EPA hazardous waste number K157). (v) Catalyst inert
support media separated from one of the following wastes listed in rule
3745-51-32 of the Administrative Code - spent hydrotreating catalyst (EPA
hazardous waste number K171), and spent hydrorefining catalyst (EPA hazardous
waste number K172). (D) Any waste described in paragraph (C)
of this rule is not a hazardous waste if the waste meets the following
criteria: (1) In the case of any
waste, the waste does not exhibit any of the characteristics of hazardous waste
identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.
However, wastes that exhibit a characteristic at the point of generation may
still be subject to Chapter 3745-270 of the Administrative Code, even if the
wastes no longer exhibit a characteristic at the point of land
disposal.) (2) In the case of a
waste which is listed in rules 3745-51-30 to 3745-51-35 of the Administrative
Code, or contains a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of
the Administrative Code, or is derived from a hazardous waste listed in rules
3745-51-30 to 3745-51-35 of the Administrative Code, the hazardous waste also
has been excluded from paragraph (C) of this rule under 40 CFR 260.20 and 40
CFR 260.22. (E) [Reserved.] (F) Notwithstanding paragraphs (A) to (D)
of this rule and provided the "debris" as defined in rule 3745-270-02
of the Administrative Code does not exhibit a characteristic identified in
rules 3745-51-20 to 3745-51-24 of the Administrative Code, the following
materials are not subject to regulation under Chapter 3745-50, 3745-51,
3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and
3745-256, 3745-266, or 3745-270 of the Administrative Code: (1) "Hazardous
debris" as defined in rule 3745-270-02 of the Administrative Code that has
been treated using one of the required extraction or destruction technologies
identified in the table in rule 3745-270-45 of the Administrative Code. Persons
claiming this exclusion in an enforcement action will have the burden of
proving by clear and convincing evidence that the material meets all the
exclusion requirements; or (2) "Debris" as
defined in rule 3745-270-02 of the Administrative Code that the director,
considering the extent of contamination, has determined is no longer
contaminated with hazardous waste. (G) (1) A hazardous waste
that is listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code
solely because the waste exhibits one or more characteristics of ignitability
as identified in rule 3745-51-21 of the Administrative Code, characteristic of
corrosivity as identified in rule 3745-51-22 of the Administrative Code, or
characteristic of reactivity as identified in rule 3745-51-23 of the
Administrative Code is not a hazardous waste, if the waste no longer exhibits
any characteristic of hazardous waste identified in rules 3745-51-20 to
3745-51-24 of the Administrative Code. (2) The exclusion
described in paragraph (G)(1) of this rule also pertains to: (a) Any mixture of a waste and a hazardous waste listed in rules
3745-51-30 to 3745-51-35 of the Administrative Code solely because the mixture
exhibits the characteristic of ignitability, characteristic of corrosivity, or
characteristic of reactivity as regulated under paragraph (A)(2)(d) of this
rule; and (b) Any waste generated from treating, storing, or disposing of a
hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative
Code solely because the waste exhibits the characteristic of ignitability,
characteristic of corrosivity, or characteristic of reactivity as regulated
under paragraph (C)(2)(a) of this rule. (3) Wastes excluded under
this rule are subject to Chapter 3745-270 of the Administrative Code (as
applicable), even if such wastes no longer exhibit a characteristic at the
point of land disposal. (4) Any mixture of a
waste excluded from regulation under paragraph (B)(7) of rule 3745-51-04 of the
Administrative Code and a hazardous waste listed in rules 3745-51-30 to
3745-51-35 of the Administrative Code solely because the mixture exhibits one
or more of the characteristic of ignitability, characteristic of corrosivity,
or characteristic of reactivity as regulated under paragraph (A)(2)(d) of this
rule is not a hazardous waste, if the mixture no longer exhibits any
characteristic of hazardous waste identified in rules 3745-51-20 to 3745-51-24
of the Administrative Code for which the hazardous waste listed in rules
3745-51-30 to 3745-51-35 of the Administrative Code was listed. (H) (1) Hazardous waste
containing radioactive waste is no longer a hazardous waste when the waste
meets the eligibility criteria and conditions of rules 3745-266-210 to
3745-266-335 of the Administrative Code ("eligible radioactive mixed
waste"). (2) The exemption
described in paragraph (H)(1) of this rule also pertains to: (a) Any mixture of a waste and an eligible radioactive mixed
waste; and (b) Any waste generated from treating, storing, or disposing of
an eligible radioactive mixed waste. (3) Waste exempted under
this rule shall meet the eligibility criteria and specified conditions in
paragraph (B) of rule 3745-266-220, paragraph (C) of rule 3745-266-220 (for
storage and treatment), rule 3745-266-310, and paragraph (A) of rule
3745-266-315 of the Administrative Code (for transportation and disposal).
Waste that fails to satisfy these eligibility criteria and conditions is
regulated as hazardous waste. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 8:12 AM
|
Rule 3745-51-04 | Exclusions.
(A) Materials which are not wastes. The following materials are
not wastes for the purpose of Chapter 3745-51 of the Administrative
Code: (1) Domestic sewage: (a) Any mixture of domestic sewage and other wastes that passes
through a sewer system to a publicly owned treatment works (POTW) for
treatment, except as prohibited by rule 3745-266-505 of the Administrative Code
and Clean Water Act requirements in paragraph (B)(1) of rule 3745-3-04 of the
Administrative Code. (b) As used in Chapter 3745-51 of the Administrative Code,
"domestic sewage" means untreated sanitary wastes that pass through a
sewer system. (2) Industrial wastewater discharges that
are point source discharges subject to regulation under Section 402 of the
Clean Water Act. [Comment: This exclusion applies only to the
actual point source discharge. The exclusion does not exclude industrial
wastewaters while the industrial wastewaters are being collected, stored, or
treated before discharge, nor does the exclusion exclude sludges that are
generated by industrial wastewater treatment.] (3) Irrigation return flows. (4) "Source material,"
"special nuclear material," or "by-product material" as
defined by the Atomic Energy Act of 1954. (5) Materials subjected to in-situ mining
techniques which are not removed from the ground as part of the extraction
process. (6) Pulping liquors (i.e., black liquor)
that are reclaimed in a pulping liquor recovery furnace and then reused in the
pulping process, unless the pulping liquors are "accumulated
speculatively" as described in paragraph (C)(8) of rule 3745-51-01 of the
Administrative Code. (7) Spent sulfuric acid used to produce
virgin sulfuric acid, provided the spent sulfuric acid is not "accumulated
speculatively" as described in paragraph (C)(8) of rule 3745-51-01 of the
Administrative Code. (8) Secondary materials that are
reclaimed and returned to the original process or processes in which the
secondary materials were generated where the secondary materials are reused in
the production process provided that all of the following: (a) Only tank storage is involved, and the entire process through
completion of reclamation is closed by being entirely connected with pipes or
other comparable enclosed means of conveyance. (b) Reclamation does not involve controlled flame combustion
(such as occurs in boilers, industrial furnaces, or incinerators). (c) The secondary materials are never accumulated in such tanks
for over twelve months without being reclaimed. (d) The reclaimed material is not used to produce a fuel, or used
to produce products that are used in a manner constituting
disposal. (9) Wood preserving. (a) Spent wood preserving solutions that have been reclaimed and
are reused for the original intended purpose. (b) Wastewaters from the wood preserving process that have been
reclaimed and are reused to treat wood. (c) Prior to reuse, the wood preserving wastewaters and spent
wood preserving solutions described in paragraphs (A)(9)(a) and (A)(9)(b) of
this rule, so long as the wood preserving wastewaters and spent wood preserving
solutions meet all of the following conditions: (i) The wood preserving wastewaters and spent wood preserving
solutions are reused on-site at water borne plants in the production process
for the original intended purpose. (ii) Prior to reuse, the wastewaters and spent wood preserving
solutions are managed to prevent release to either land or ground water or
both. (iii) Any unit used to manage wastewaters or spent wood preserving
solutions prior to reuse can be visually or otherwise determined to prevent
such releases. (iv) Any drip pad used to manage the wastewaters or spent wood
preserving solutions prior to reuse complies with rules 3745-69-40 to
3745-69-45 of the Administrative Code, regardless of whether the owner or
operator generates a total of less than one hundred kilograms of hazardous
waste per month. (v) Prior to operating pursuant to this exclusion, the owner or
operator prepares one-time notification stating that the owner or operator
intends to claim the exclusion, giving the date on which the owner or operator
intends to begin operating under the exclusion, and containing the following
language: "I have read rule 3745-51-04 of the
Administrative Code establishing an exclusion for wood preserving wastewaters
and spent wood preserving solutions and understand rule 3745-51-04 of the
Administrative Code requires me to comply at all times with the conditions set
out in the rule." The owner or operator shall maintain a copy
of that document in the facility's on-site records until closure of the
facility. The exclusion applies so long as the owner or operator meets all of
the conditions. If the owner or operator goes out of compliance with any
condition, the owner or operator may apply to the director for reinstatement.
The director may reinstate the exclusion upon finding that the owner or
operator has returned to compliance with all conditions, and that the
violations are not likely to recur. (10) EPA hazardous waste numbers K060,
K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the
coke by-products processes that are hazardous only because such wastes and
by-products exhibit the toxicity characteristic specified in rule 3745-51-24 of
the Administrative Code when, subsequent to generation, these materials are
recycled to coke ovens, to the tar recovery process as a feedstock to produce
coal tar, or mixed with coal tar prior to the tar's sale or refining. This
exclusion is conditioned on there being no land disposal of the wastes from the
point the wastes are generated to the point the wastes are recycled to coke
ovens or tar recovery or refining processes, or mixed with coal
tar. (11) Nonwastewater splash condenser dross
residue from the treatment of K061 in high temperature metals recovery units,
provided such residue is shipped in drums (if shipped) and not land disposed
before recovery. (12) Oil-bearing secondary materials and
recovered oil. (a) Oil-bearing hazardous secondary materials (i.e., sludges,
by-products, or spent materials) that are generated at a petroleum refinery
(SIC code 2911) and are inserted into the petroleum refining process [SIC code
2911 - including, but not limited to, distillation, catalytic cracking,
fractionation, or thermal cracking units (i.e., cokers)] unless the material is
placed on the land, or accumulated speculatively before being so recycled.
Materials inserted into thermal cracking units are excluded under this
paragraph, provided that the coke product also does not exhibit a
characteristic of hazardous waste. Oil-bearing hazardous secondary materials
may be inserted into the same petroleum refinery where the oil-bearing
hazardous secondary materials are generated, or sent directly to another
petroleum refinery, and still be excluded under this provision. Except as
provided in paragraph (A)(12)(b) of this rule, oil-bearing hazardous secondary
materials generated elsewhere in the petroleum industry (i.e., from sources
other than petroleum refineries) are not excluded under this rule. Residuals
generated from processing or recycling materials excluded under this paragraph,
where such materials as generated would have otherwise met a listing under
rules 3745-51-30 to 3745-51-35 of the Administrative Code, are designated as
F037 listed wastes when disposed of or intended for disposal. (b) Recovered oil that is recycled in the same manner and with
the same conditions as described in paragraph (A)(12)(a) of this rule.
Recovered oil is oil that has been reclaimed from secondary materials
(including wastewater) generated from normal petroleum industry practices,
including refining, exploration and production, bulk storage, and
transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911,
4612, 4613, 4922, 4923, 4789, 5171, and 5172). Recovered oil does not include
oil-bearing hazardous wastes listed in rules 3745-51-30 to 3745-51-35 of the
Administrative Code; however, oil recovered from such wastes may be considered
recovered oil. Recovered oil does not include "used oil" as defined
in rule 3745-279-01 of the Administrative Code. (13) Excluded scrap metal (processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being
recycled. (14) Shredded circuit boards being
recycled provided that the shredded circuit boards are both: (a) Stored in containers sufficient to prevent a release to the
environment prior to recovery. (b) Free of mercury switches, mercury relays, nickel-cadmium
batteries, and lithium batteries. (15) Condensates derived from the overhead
gases from kraft mill steam strippers that are used to comply with 40 CFR
63.446(e). The exemption applies only to combustion at the mill generating the
condensates. (16) [Reserved.] (17) "Spent materials," as
defined in rule 3745-51-01 of the Administrative Code (other than hazardous
wastes listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code),
generated within the primary mineral processing industry from which minerals,
acids, cyanide, water, or other values are recovered by mineral processing or
by beneficiation, provided that all of the following: (a) The spent material is legitimately recycled to recover
minerals, acids, cyanide, water, or other values. (b) The spent material is not accumulated
speculatively. (c) Except as provided in paragraph (A)(17)(d) of this rule, the
spent material is stored in tanks, containers, or buildings that meet all of
the following minimum integrity standards: (i) A building shall be an engineered structure with a floor,
walls, and a roof, all of which are made of non-earthen materials providing
structural support (except smelter buildings may have partially earthen floors
provided the secondary material is stored on the non-earthen portion), and have
a roof suitable for diverting rainwater away from the foundation. (ii) A tank shall be free standing, shall not be a "surface
impoundment" as defined in rule 3745-50-10 of the Administrative Code, and
shall be manufactured of a material suitable for containment of the
contents. (iii) A container shall be free standing and be manufactured of a
material suitable for containment of the contents. (iv) If tanks or containers contain any particulate which may be
subject to wind dispersal, the owner or operator shall operate these units in a
manner which controls fugitive dust. (v) Tanks, containers, and buildings shall be designed,
constructed, and operated to prevent significant releases to the environment of
these materials. (d) The director may make a site-specific determination, after
public review and comment, that only solid mineral processing spent material
may be placed on pads, rather than in tanks, containers, or buildings. Solid
mineral processing spent materials do not contain any free liquid. The director
shall affirm that pads are designed, constructed, and operated to prevent
significant releases of the spent material into the environment. Pads shall
provide the same degree of containment afforded by the non-RCRA tanks,
containers, and buildings eligible for exclusion. (i) The director also shall consider if storage on pads poses the
potential for significant releases via ground water, surface water, and air
exposure pathways. Factors to be considered for assessing the ground water,
surface water, air exposure pathways are the volume and physical and chemical
properties of the spent material, including the potential for migration off the
pad; the potential for human or environmental exposure to hazardous
constituents migrating from the pad via each exposure pathway; and the
possibility and extent of harm to human and environmental receptors via each
exposure pathway. (ii) Pads shall meet all of the following minimum
standards: (a) Be designed of non-earthen material that is compatible with
the chemical nature of the mineral processing spent material. (b) Be capable of withstanding physical stresses associated with
placement and removal. (c) Have run-on and run-off controls. (d) Be operated in a manner which controls fugitive
dust. (e) Have integrity assurance through inspections and maintenance
programs. (iii) Before making a determination under paragraph (A)(17) of this
rule, the director shall provide notice and the opportunity for comment to all
persons potentially interested in the determination. This may be accomplished
by placing notice of this action in major local newspapers, or by broadcasting
notice over local radio stations. (e) The owner or operator provides a notice to the director,
providing all of the following information: (i) The types of materials to be recycled. (ii) The type and location of the storage units and recycling
processes. (iii) The annual quantities expected to be placed in land-based
units. (iv) This notification shall be updated when there is a change in
the type of materials recycled or the location of the recycling
process. (f) For purposes of paragraph (B)(7) of this rule, mineral
processing spent materials shall be the result of mineral processing and may
not include any listed hazardous wastes. Listed hazardous wastes and
characteristic hazardous wastes generated by non-mineral processing industries
are not eligible for the conditional exclusion from the definition of
"waste." (18) Petrochemical recovered oil from an
associated organic chemical manufacturing facility, where the oil is to be
inserted into the petroleum refining process (SIC code 2911) along with normal
petroleum refinery process streams, provided that both: (a) The oil is hazardous only because the oil exhibits the
characteristic of ignitability (as identified in rule 3745-51-21 of the
Administrative Code) or the characteristic of toxicity for benzene (EPA
hazardous waste number D018 in rule 3745-51-24 of the Administrative
Code). (b) The oil generated by the organic chemical manufacturing
facility is not placed on the land, or accumulated speculatively before being
recycled into the petroleum refining process. An "associated organic
chemical manufacturing facility" is a facility where the primary SIC code
is 2869, but where operations may also include SIC codes 2821, 2822, and 2865;
and is physically co-located with a petroleum refinery; and where the petroleum
refinery to which the oil being recycled is returned also provides hydrocarbon
feedstocks to the organic chemical manufacturing facility. "Petrochemical
recovered oil" is oil that has been reclaimed from secondary materials
(i.e., sludges, by-products, or spent materials, including wastewater) from
normal organic chemical manufacturing operations, as well as oil recovered from
organic chemical manufacturing processes. (19) Spent caustic solutions from
petroleum refining liquid treating processes used as a feedstock to produce
cresylic or naphthenic acid unless the material is placed on the land, or
"accumulated speculatively" as defined in paragraph (C)(8) of rule
3745-51-01 of the Administrative Code. (20) Hazardous secondary materials used to
make zinc fertilizers, provided that all of the following conditions are
satisfied: (a) Hazardous secondary materials used to make zinc micronutrient
fertilizers shall not be "accumulated speculatively," as defined in
paragraph (C)(8) of rule 3745-51-01 of the Administrative Code. (b) Generators and intermediate handlers of zinc-bearing
hazardous secondary materials that are to be incorporated into zinc fertilizers
shall: (i) Submit a one-time notice to the director, which contains the
name, address, and U.S. EPA identification number of the generator or
intermediate handler facility, provides a brief description of the secondary
material that shall be subject to the exclusion, and identifies when the
manufacturer intends to begin managing excluded, zinc-bearing hazardous
secondary materials under the conditions specified in paragraph (A)(20) of this
rule. (ii) Store the excluded secondary material in tanks, containers,
or buildings that are constructed and maintained in a way that prevents
releases of the secondary materials into the environment. At a minimum, any
building used for this purpose shall be an engineered structure made of
non-earthen materials that provide structural support, and shall have a floor,
walls, and a roof that prevent wind dispersal and contact with rainwater. Tanks
used for this purpose shall be structurally sound and, if outdoors, shall have
roofs or covers that prevent contact with wind and rain. Containers used for
this purpose shall be kept closed except when it is necessary to add or remove
material, and shall be in sound condition. Containers that are stored outdoors
shall be managed within storage areas that accomplish all of the
following: (a) Have containment structures or systems sufficiently
impervious to contain leaks, spills and accumulated precipitation. (b) Provide for effective drainage and removal of leaks, spills,
and accumulated precipitation. (c) Prevent run-on into the containment system. (iii) With each off-site shipment of excluded hazardous secondary
materials, provide written notice to the receiving facility that the material
is subject to the conditions of paragraph (A)(20) of this rule. (iv) Maintain at the generator's or intermediate
handler's facility for no less than three years records of all shipments
of excluded hazardous secondary materials. For each shipment, these records
shall at a minimum contain all of the following information: (a) Name of the transporter and date of the
shipment. (b) Name and address of the facility that received the excluded
material, and documentation confirming receipt of the shipment. (c) Type and quantity of excluded secondary material in each
shipment. (c) Manufacturers of zinc fertilizers or zinc fertilizer
ingredients made from excluded hazardous secondary materials shall do all of
the following: (i) Store excluded hazardous secondary materials in accordance
with the storage requirements for generators and intermediate handlers, as
specified in paragraph (A)(20)(b)(ii) of this rule. (ii) Submit a one-time notification to the director that, at a
minimum, specifies the name, address and U.S. EPA identification number of the
manufacturing facility, and identifies when the manufacturer intends to begin
managing excluded, zinc-bearing hazardous secondary materials under the
conditions specified in paragraph (A)(20) of this rule. (iii) Maintain for a minimum of three years records of all
shipments of excluded hazardous secondary materials received by the
manufacturer, which shall at a minimum identify for each shipment the name and
address of the generating facility, name of transporter and date the materials
were received, the quantity received, and a brief description of the industrial
process that generated the material. (iv) Submit to the director an annual report that identifies the
total quantities of all excluded hazardous secondary materials that were used
to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous
year, the name and address of each generating facility, and the industrial
processes from which excluded hazardous secondary materials were
generated. (d) Nothing in this rule preempts, overrides, or otherwise
negates rule 3745-52-11 of the Administrative Code, which requires any person
who generates a waste to determine if that waste is a hazardous
waste. (e) Permitted storage units that have been used to store only
zinc-bearing hazardous wastes prior to the submittal of the one-time notice
described in paragraph (A)(20)(b)(i) of this rule, and that afterward shall be
used only to store hazardous secondary materials excluded under paragraph
(A)(20) of this rule, are not subject to the closure requirements of Chapters
3745-54 to 3745-57 and 3745-205, or 3745-65 to 3745-69 and 3745-256 of the
Administrative Code. (21) Zinc fertilizers made from hazardous
wastes, or hazardous secondary materials that are excluded under paragraph
(A)(20) of this rule, provided that all of the following: (a) The fertilizers meet the following contaminant
limits: (i) For metal contaminants: | Constituent | MaximumAllowable Total Concentration in Fertilizer, Per Unit (1%) of Zinc(ppm) | | Arsenic | 0.3 | | Cadmium | 1.4 | | Chromium | 0.6 | | Lead | 2.8 | | Mercury | 0.3 |
(ii) For dioxin contaminants the fertilizer shall contain no more
than eight parts per trillion of dioxin, measured as toxic equivalent
(TEQ). (b) The manufacturer performs sampling and analysis of the
fertilizer product to determine compliance with the contaminant limits for
metals no less than every six months, and for dioxins no less than every twelve
months. Testing also shall be performed whenever changes occur to manufacturing
processes or ingredients that could significantly affect the amounts of
contaminants in the fertilizer product. The manufacturer may use any reliable
analytical method to demonstrate that no constituent of concern is present in
the product at concentrations above the applicable limits. The manufacturer has
the responsibility to ensure that the sampling and analysis are unbiased,
precise, and representative of the products introduced into
commerce. (c) The manufacturer maintains for no less than three years
records of all sampling and analyses performed to determine compliance with
paragraph (A)(21)(b) of this rule. At a minimum, such records shall include all
of the following: (i) The dates and times product samples were taken, and the dates
the samples were analyzed. (ii) The names and qualifications of the persons taking the
samples. (iii) A description of the methods and equipment used to take the
samples. (iv) The name and address of the laboratory facility at which
analyses of the samples were performed. (v) A description of the analytical methods used, including any
cleanup and sample preparation methods. (vi) All laboratory analytical results used to determine
compliance with the contaminant limits specified in paragraph (A)(21) of this
rule. (22) Used cathode ray tubes
(CRTs). (a) Used, intact "CRTs" as defined in rule 3745-50-10
of the Administrative Code are not wastes within the United States unless the
used, intact CRTs are disposed, or "accumulated speculatively" as
defined in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code by
CRT collectors or glass processors. (b) Used, intact "CRTs" as defined in rule 3745-50-10
of the Administrative Code are not wastes when exported for recycling provided
that they the used, intact CRTs comply with rule 3745-51-40 of the
Administrative Code. (c) Used, broken "CRTs" as defined in rule 3745-50-10
of the Administrative Code are not wastes provided that the used, intact CRTs
comply with rule 3745-51-39 of the Administrative Code. (d) Glass removed from CRTs is not a waste provided that such
glass complies with paragraph (C) of rule 3745-51-39 of the Administrative
Code. (23) Hazardous secondary material
generated and legitimately reclaimed within the United States or United
States' territories and under the control of the generator, provided that
the material complies with paragraphs (A)(23)(a) and (A)(23)(b) of this
rule. (a) (i) The hazardous secondary material is generated and reclaimed
at the generating facility (for purposes of this definition, "generating
facility" means all contiguous property owned, leased, or otherwise
controlled by the hazardous secondary material generator); or (ii) The hazardous secondary material is generated and reclaimed
at different facilities, if the reclaiming facility is controlled by the
generator or if both the generating facility and the reclaiming facility are
controlled by a "person," as defined in rule 3745-50-10 of the
Administrative Code, and if the generator provides one of the following
certifications: (a) "On behalf of [insert generator facility name], I
certify that this facility will send the indicated hazardous secondary material
to [insert reclaimer facility name], which is controlled by [insert generator
facility name] and that [insert name of either facility] has acknowledged full
responsibility for the safe management of the hazardous secondary
material"; or (b) "On behalf of [insert generator facility name], I
certify that this facility will send the indicated hazardous secondary material
to [insert reclaimer facility name], that both facilities are under common
control, and that [insert name of either facility] has acknowledged full
responsibility for the safe management of the hazardous secondary
material." (c) For purposes of this paragraph, "control" means the
power to direct the policies of the facility, whether by the ownership of
stock, voting rights, or otherwise, except that contractors who operate
facilities on behalf of a different "person," as defined in rule
3745-50-10 of the Administrative Code, shall not be deemed to
"control" such facilities. The generating and receiving facilities
shall both maintain at their facilities for no less than three years records of
hazardous secondary materials sent or received under this exclusion. In both
cases, the records shall contain the name of the transporter, the date of the
shipment, and the type and quantity of the hazardous secondary material shipped
or received under the exclusion. These requirements may be satisfied by routine
business records (e.g., financial records, bills of lading, copies of U.S.
department of transportation (DOT) shipping papers, or electronic
confirmations); or (iii) The hazardous secondary material is generated pursuant to a
written contract between a tolling contractor and a toll manufacturer and is
reclaimed by the tolling contractor, if the tolling contractor certifies the
following: (a) "On behalf of [insert tolling contractor name], I
certify that [insert tolling contractor name] has a written contract with
[insert toll manufacturer name] to manufacture [insert name of product or
intermediate] which is made from specified unused materials, and that [insert
tolling contractor name] will reclaim the hazardous secondary materials
generated during this manufacture. On behalf of [insert tolling contractor
name], I also certify that [insert tolling contractor name] retains ownership
of, and responsibility for, the hazardous secondary materials that are
generated during the course of the manufacture, including any releases of
hazardous secondary materials that occur during the manufacturing
process." (b) The tolling contractor shall maintain at the tolling
contractor's facility for no less than three years, records of hazardous
secondary materials received pursuant to the tolling contractor's written
contract with the tolling manufacturer, and the tolling manufacturer shall
maintain at the tolling manufacturer's facility for no less than three
years, records of hazardous secondary materials shipped pursuant to the tolling
manufacturer's written contract with the tolling contractor. In both
cases, the records shall contain the name of the transporter, the date of the
shipment, and the type and quantity of the hazardous secondary material shipped
or received pursuant to the written contract. These requirements may be
satisfied by routine business records (e.g., financial records, bills of
lading, copies of DOT shipping papers, or electronic confirmations). For
purposes of this paragraph, "tolling contractor" means a person who
arranges for the production of a product or intermediate made from specified
unused materials through a written contract with a toll manufacturer.
"Toll manufacturer" means a person who produces a product or
intermediate made from specified unused materials pursuant to a written
contract with a tolling contractor. (b) (i) The hazardous secondary material is "contained" as
defined in rule 3745-50-10 of the Administrative Code. A hazardous secondary
material released to the environment is discarded and a waste unless it is
immediately recovered for the purpose of reclamation. Hazardous secondary
material managed in a unit with leaks or other continuing or intermittent
unpermitted releases is discarded and a waste. (ii) The hazardous secondary material is not "speculatively
accumulated," as defined in paragraph (C)(8) of rule 3745-51-01 of the
Administrative Code. (iii) Notice is provided, as required by rule 3745-50-16 of the
Administrative Code. (iv) The material is not otherwise subject to material-specific
management conditions under paragraph (A) of this rule when reclaimed, and the
material is not a spent lead-acid battery (see rules 3745-266-80 and
3745-273-02 of the Administrative Code). (v) Persons performing the recycling of hazardous secondary
materials under this exclusion shall maintain documentation of their legitimacy
determination on-site. Documentation shall be a written description of how the
recycling meets all three factors in paragraph (A) of rule 3745-50-17 of the
Administrative Code and how the factor in paragraph (B) of rule 3745-50-17 of
the Adminstrative Code was considered. Documentation shall be maintained for
three years after the recycling operation has ceased. (vi) The emergency preparedness and response requirements in rules
3745-51-400 to 3745-51-420 of the Administrative Code are met. (24) Hazardous secondary material that is
generated and then transferred to another person for the purpose of reclamation
is not a waste, provided that: (a) The material is not "speculatively accumulated," as
defined in paragraph (C)(8) of rule 3745-51-01 of the Administrative
Code; (b) The material is not handled by any person or facility other
than the hazardous secondary material generator, the transporter, an
intermediate facility or a reclaimer, and, while in transport, is not stored
for more than ten days at a "transfer facility," as defined in rule
3745-50-10 of the Administrative Code, and is packaged according to applicable
DOT regulations at 49 CFR Parts 173, 178, and 179 while in
transport; (c) The material is not otherwise subject to material-specific
management conditions under paragraph (A) of this rule when reclaimed, and the
material is not a spent lead-acid battery (see rules 3745-266-80 and
3745-273-02 of the Administrative Code); (d) The reclamation of the material is legitimate, as specified
under rule 3745-50-17 of the Administrative Code; (e) The hazardous secondary material generator satisfies all of
the following conditions: (i) The material shall be "contained" as defined in
rule 3745-50-10 of the Administrative Code. A hazardous secondary material
released to the environment is discarded and a waste unless the waste is
immediately recovered for the purpose of recycling. Hazardous secondary
material managed in a unit with leaks or other continuing releases is discarded
and is a waste. (ii) Prior to arranging for transport of hazardous secondary
materials to a reclamation facility (or facilities) where the management of the
hazardous secondary materials is not addressed under a hazardous waste
"Part B" permit or permit by rule, the hazardous secondary material
generator shall make reasonable efforts to ensure that each reclaimer intends
to properly and legitimately reclaim the hazardous secondary material and not
discard the hazardous secondary material, and that each reclaimer will manage
the hazardous secondary material in a manner that is protective of human health
and the environment. If the hazardous secondary material will be passing
through an intermediate facility where the management of the hazardous
secondary materials is not addressed under a hazardous waste "Part B"
permit or permit by rule, the hazardous secondary material generator shall make
contractual arrangements with the intermediate facility to ensure that the
hazardous secondary material is sent to the reclamation facility identified by
the hazardous secondary material generator, and the hazardous secondary
material generator shall perform reasonable efforts to ensure that the
intermediate facility will manage the hazardous secondary material in a manner
that is protective of human health and the environment. Reasonable efforts
shall be repeated at a minimum of every three years for the hazardous secondary
material generator to claim the exclusion and to send the hazardous secondary
materials to each reclaimer and any intermediate facility. In making these
reasonable efforts, the generator may use any credible evidence available,
including information gathered by the hazardous secondary material generator,
provided by the reclaimer or intermediate facility, or provided by a third
party. The hazardous secondary material generator shall affirmatively answer
all of the following questions for each reclamation facility and any
intermediate facility: (a) Does the available information indicate that the reclamation
process is legitimate pursuant to rule 3745-50-17 of the Administrative Code?
In answering this question, the hazardous secondary material generator can rely
on existing knowledge of the physical and chemical properties of the hazardous
secondary material, as well as information from other sources (e.g., the
reclamation facility, audit reports, etc.) about the reclamation
process. (b) Does the publicly available information indicate that the
reclamation facility and any intermediate facility that is used by the
hazardous secondary material generator notified the appropriate authorities of
hazardous secondary materials reclamation activities pursuant to rule
3745-50-16 of the Administrative Code and have they notified the appropriate
authorities that the financial assurance condition is satisfied per paragraph
(A)(24)(f)(vi) of this rule? In answering these questions, the hazardous
secondary material generator can rely on the available information documenting
the reclamation facility's and any intermediate facility's compliance
with the notification requirements per rule 3745-50-16 of the Administrative
Code, including the requirement in paragraph (A)(5) of rule 3745-50-16 of the
Administrative Code to notify Ohio EPA whether the reclaimer or intermediate
facility has financial assurance. (c) Does publicly available information indicate that the
reclamation facility or any intermediate facility that is used by the hazardous
secondary material generator has not had any formal enforcement actions taken
against the facility in the previous three years for violations of Ohio's
hazardous waste regulations and has not been classified as a significant
noncomplier with RCRA Subtitle C? In answering this question, the hazardous
secondary material generator can rely on the publicly available information
from U.S. EPA or Ohio EPA. If the reclamation facility or any intermediate
facility that is used by the hazardous secondary material generator has had a
formal enforcement action taken against the facility in the previous three
years for violations of Ohio's hazardous waste rules and has been
classified as a significant non-complier with RCRA Subtitle C, does the
hazardous secondary material generator have credible evidence that the
facilities will manage the hazardous secondary materials properly? In answering
this question, the hazardous secondary material generator can obtain additional
information from U.S. EPA, Ohio EPA, or the facility itself that the facility
has addressed the violations, taken remedial steps to address the violations,
and prevent future violations, or that the violations are not relevant to the
proper management of the hazardous secondary materials. (d) Does the available information indicate that the reclamation
facility and any intermediate facility that is used by the hazardous secondary
material generator have the equipment and trained personnel to safely recycle
the hazardous secondary material? In answering this question, the generator may
rely on a description by the reclamation facility or by an independent third
party of the equipment and trained personnel to be used to recycle the
generator's hazardous secondary material. (e) If residuals are generated from the reclamation of the
excluded hazardous secondary materials, does the reclamation facility have the
permits required (if any) to manage the residuals? If not, does the reclamation
facility have a contract with an appropriately permitted facility to dispose of
the residuals? If not, does the hazardous secondary material generator have
credible evidence that the residuals will be managed in a manner that is
protective of human health and the environment? In answering these questions,
the hazardous secondary material generator can rely on publicly available
information from U.S. EPA or Ohio EPA, or information provided by the facility
itself. (iii) The hazardous secondary material generator shall maintain for
a minimum of three years documentation and certification that reasonable
efforts were made for each reclamation facility and, if applicable,
intermediate facility where the management of the hazardous secondary materials
is not addressed under a hazardous waste "Part B" permit or permit by
rule prior to transferring hazardous secondary material. Documentation and
certification shall be made available upon request by Ohio EPA within
seventy-two hours, or within a longer period of time as specified by Ohio EPA.
The certification statement shall: (a) Include the printed name and official title of an authorized
representative of the hazardous secondary material generator company, the
authorized representative's signature, and the date signed; (b) Incorporate the following language: (i) "I hereby certify in good faith and to the best of my
knowledge that, prior to arranging for transport of excluded hazardous
secondary materials to [insert name or names of reclamation facility and any
intermediate facility], reasonable efforts were made in accordance with
paragraph (A)(24)(e)(ii) of rule 3745-51-04 of the Administrative Code to
ensure that the hazardous secondary materials would be recycled legitimately,
and otherwise managed in a manner that is protective of human health and the
environment, and that such efforts were made in accordance with paragraph
(A)(24)(e)(ii) of rule 3745-51-04 of the Administrative Code to ensure that the
hazardous secondary materials would be recycled legitimately, and otherwise
managed in a manner that is protective of human health and the environment, and
that such efforts were based on current and accurate
information." (ii) [Reserved.] (iv) The hazardous secondary material generator shall maintain at
the generating facility for no less than three years records of all off-site
shipments of hazardous secondary materials. For each shipment, these records
shall, at a minimum, contain the following information: (a) Name of the transporter and date of the
shipment; (b) Name and address of each reclaimer and, if applicable, the
name and address of each intermediate facility to which the hazardous secondary
material was sent; (c) The type and quantity of hazardous secondary material in the
shipment. (v) The hazardous secondary material generator shall maintain at
the generating facility for no less than three years confirmations of receipt
from each reclaimer and, if applicable, each intermediate facility for all
off-site shipments of hazardous secondary materials. Confirmations of receipt
shall include the name and address of the reclaimer (or intermediate facility),
the type and quantity of the hazardous secondary materials received, and the
date which the hazardous secondary materials were received. This requirement
may be satisfied by routine business records (e.g., financial records, bills of
lading, copies of DOT shipping papers, or electronic confirmations of
receipt); (vi) The hazardous secondary material generator shall comply with
the emergency preparedness and response conditions in rules 3745-51-400 to
3745-51-420 of the Administrative Code. (f) Reclaimers of hazardous secondary material excluded from
regulation under this exclusion and "intermediate facilities" as
defined in rule 3745-50-10 of the Administrative Code satisfy all of the
following conditions: (i) The reclaimer and intermediate facility shall maintain at its
facility for no less than three years records of all shipments of hazardous
secondary material that were received at the facility and, if applicable, for
all shipments of hazardous secondary materials that were received and
subsequently sent off-site from the facility for further reclamation. For each
shipment, these records shall, at a minimum, contain the following
information: (a) Name of the transporter and date of the
shipment; (b) Name and address of the hazardous secondary material
generator and, if applicable, the name and address of the reclaimer or
intermediate facility which the hazardous secondary materials were received
from; (c) The type and quantity of hazardous secondary material in the
shipment; and (d) For hazardous secondary materials that, after being received
by the reclaimer or intermediate facility, were subsequently transferred
off-site for further reclamation, the name and address of the (subsequent)
reclaimer and, if applicable, the name and address of each intermediate
facility to which the hazardous secondary material was sent. (ii) The intermediate facility shall send the hazardous secondary
material to the reclaimer designated by the hazardous secondary materials
generator. (iii) The reclaimer and intermediate facility shall send to the
hazardous secondary material generator confirmations of receipt for all
off-site shipments of hazardous secondary materials. Confirmations of receipt
shall include the name and address of the reclaimer (or intermediate facility),
the type and quantity of the hazardous secondary materials received, and the
date which the hazardous secondary materials were received. This requirement
may be satisfied by routine business records (e.g., financial records, bills of
lading, copies of DOT shipping papers, or electronic confirmations of
receipt). (iv) The reclaimer and intermediate facility shall manage the
hazardous secondary material in a manner that is at least as protective as that
employed for analogous raw material and shall be contained. An "analogous
raw material" is a raw material for which a hazardous secondary material
is a substitute and serves the same function and has similar physical and
chemical properties as the hazardous secondary material. (v) Any residuals that are generated from reclamation processes
will be managed in a manner that is protective of human health and the
environment. If any residuals exhibit a hazardous characteristic according to
rules 3745-51-20 to 3745-51-24 of the Administrative Code, or if the residuals
themselves are specifically listed in rules 3745-51-30 to 3745-51-35 of the
Administrative Code, such residuals are hazardous wastes and shall be managed
in accordance with the applicable requirements of Chapters 3745-50, 3745-51,
3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and
3745-256, 3745-266, 3745-267, and 3745-270 of the Administrative
Code. (vi) The reclaimer and intermediate facility have financial
assurance as required under rules 3745-51-140 to 3745-51-151 of the
Administrative Code. (g) In addition, all persons claiming the exclusion under
paragraph (A)(24) of this rule provide notification as required under rule
3745-50-16 of the Administrative Code. (25) Hazardous secondary material that is
exported from the United States and reclaimed at a reclamation facility located
in a foreign country is not a waste, provided that the hazardous secondary
material generator complies with the applicable requirements of paragraphs
(A)(24)(a) to (A)(24)(e) of this rule (excepting paragraph (A)(24)(e)(ii)(b) of
this rule for foreign reclaimers and foreign intermediate facilities), and that
the hazardous secondary material generator also complies with the following
requirements: (a) Notify U.S. EPA of an intended export before the hazardous
secondary material is scheduled to leave the United States. A complete
notification shall be submitted at least sixty days before the initial shipment
is intended to be shipped off-site. This notification may cover export
activities extending over a twelve month or lesser period. The notification
shall be in writing, signed by the hazardous secondary material generator, and
include the following information: (i) Name, mailing address, telephone number and a U.S. EPA
identification number (if applicable) of the hazardous secondary material
generator; (ii) A description of the hazardous secondary material and the EPA
hazardous waste number that would apply if the hazardous secondary material was
managed as hazardous waste and the DOT proper shipping name, hazard class and
U.S. EPA identification number (UN/NA) for each hazardous secondary material as
identified in 49 CFR Parts 171 to 177; (iii) The estimated frequency or rate at which the hazardous
secondary material is to be exported and the period of time over which the
hazardous secondary material is to be exported; (iv) The estimated total quantity of hazardous secondary
material; (v) All points of entry to and departure from each foreign
country through which the hazardous secondary material will pass; (vi) A description of the means by which each shipment of the
hazardous secondary material will be transported [e.g., mode of transportation
vehicle (air, highway, rail, water, etc.), type or types of container (drums,
boxes, tanks, etc.)]; (vii) A description of the manner in which the hazardous secondary
material will be reclaimed in the country of import; (viii) The name and address of the reclaimer, any intermediate
facility, and any alternate reclaimer and intermediate facilities;
and (ix) The name of any countries of transit through which the
hazardous secondary material will be sent and a description of the approximate
length of time the hazardous secondary material will remain in such countries
and the nature of the handling of the hazardous secondary material while there
(for purposes of this rule, the terms "EPA Acknowledgement of
Consent," "country of import," and "country of
transit" are used as defined in 40 CFR 262.81, with the exception that the
terms in this rule refer to hazardous secondary materials, rather than
hazardous waste): (b) Notifications shall be submitted electronically using U.S.
EPA's "Waste Import Export Tracking System" (WIETS), or its
successor system. (c) Except for changes to the telephone number in paragraph
(A)(25)(a)(i) of this rule and decreases in the quantity of hazardous secondary
material indicated pursuant to paragraph (A)(25)(a)(iv) of this rule, when the
conditions specified on the original notification change (including any
exceedance of the estimate of the quantity of hazardous secondary material
specified in the original notification), the hazardous secondary material
generator shall provide U.S. EPA with a written renotification of the change.
The shipment cannot take place until consent of the country of import to the
changes (except for changes to paragraph (A)(25)(a)(ix) of this rule and in the
ports of entry to and departure from countries of transit pursuant to paragraph
(A)(25)(a)(v) of this rule) has been obtained and the hazardous secondary
material generator receives from U.S. EPA an "EPA Acknowledgment of
Consent" reflecting the country of import's consent to the
changes. (d) Upon request by U.S. EPA, the hazardous secondary material
generator shall furnish to U.S. EPA any additional information which a country
of import requests in order to respond to a notification. (e) U.S. EPA will provide a complete notification to the country
of import and any countries of transit. A notification is complete when U.S.
EPA receives a notification which U.S. EPA determines satisfies the
requirements of paragraph (A)(25)(a) of this rule. Where a claim of
confidentiality is asserted with respect to any notification information
required by paragraph (A)(25)(a) of this rule, U.S. EPA may find the
notification not complete until any such claim is resolved in accordance with
rule 3745-50-02 of the Administrative Code. (f) The export of hazardous secondary material under paragraph
(A)(25) of this rule is prohibited unless the hazardous secondary material
generator receives from U.S. EPA an "EPA Acknowledgment of Consent"
documenting the consent of the country of import to the receipt of the
hazardous secondary material. Where the country of import objects to receipt of
the hazardous secondary material or withdraws a prior consent, U.S. EPA will
notify the hazardous secondary material generator in writing. U.S. EPA will
also notify the hazardous secondary material generator of any responses from
countries of transit. (g) Prior to each shipment, the hazardous secondary
material generator or a U.S. authorized agent shall: (i) Submit electronic
export information (EEI) for each shipment to the automated export system (AES)
or the AES's successor system, under the international trade data system
(ITDS) platform, in accordance with 15 CFR 30.4(b). (ii) Include the
following items in the EEI, along with the other information required under 15
CFR 30.6: (a) U.S. EPA license
code; (b) Commodity
classification code per 15 CFR 30.6(a)(12); (c) U.S. EPA consent
number; (d) Country of ultimate
destination per 15 CFR 30.6(a)(5); (e) Date of export per 15
CFR 30.6(a)(2); (f) Quantity of waste in
shipment and units for reported quantity, if required reporting units
established by value for the reported commodity classification number are in
units of weight or volume under 15 CFR 30.6(a)(15); or (g) U.S. EPA net quantity
reported in units of kilograms, if required reporting units established by
value for the reported commodity classification number are not in units of
weight or volume. (h) For exports to "OECD Member" countries, the
receiving country may respond to the notification using tacit consent. If no
objection has been lodged by any country of import or countries of transit to a
notification provided pursuant to paragraph (A)(25)(a) of this rule within
thirty days after the date of issuance of the acknowledgement of receipt of
notification by the competent authority of the country of import, the
transboundary movement may commence. In such cases, U.S. EPA will send an
"EPA Acknowledgment of Consent" to inform the hazardous secondary
material generator that the country of import and any relevant countries of
transit have not objected to the shipment, and are thus presumed to have
consented tacitly. Tacit consent expires one calendar year after the close of
the thirty-day period; renotification and renewal of all consents are required
for exports after that date. (i) A copy of the "EPA Acknowledgment of Consent"
shall accompany the shipment. The shipment shall conform to the terms of the
"EPA Acknowledgment of Consent." (j) If a shipment cannot be delivered for any reason to the
reclaimer, intermediate facility or the alternate reclaimer or alternate
intermediate facility, the hazardous secondary material generator shall
re-notify U.S. EPA of a change in the conditions of the original notification
to allow shipment to a new reclaimer in accordance with paragraph (C) of this
rule and obtain another "EPA Acknowledgment of Consent." (k) Hazardous secondary material generators shall keep a
copy of each notification of intent to export and each "EPA Acknowledgment
of Consent" for a period of three years after receipt of the "EPA
Acknowledgment of Consent." Hazardous secondary material generators may
satisfy this recordkeeping requirement by retaining electronically submitted
notifications or electronically generated Acknowledgements in their account on
U.S. EPA's "Waste Import Export Tracking System" (WIETS) or its
successor system, provided that such copies are readily available for viewing
and production if requested by any U.S. EPA or authorized state inspector. No
hazardous secondary material generator may be held liable for the inability to
produce a notification or acknowledgement for inspection under this rule if the
hazardous secondary material generator can demonstrate that the inability to
produce such copies are due exclusively to technical difficulty with U.S.
EPA's WIETS or its successor system for which the hazardous secondary
material generator bears no responsibility. (l) Hazardous secondary material generators shall file with
the director, no later than March first of each year, a report summarizing the
types, quantities, frequency, and ultimate destination of all hazardous
secondary materials exported during the previous calendar year. Annual reports
shall be submitted electronically using U.S. EPA's WIETS or its successor
system. Such reports shall include the following information: (i) Name, mailing and site address, and U.S. EPA identification
number (if applicable) of the hazardous secondary material
generator; (ii) The calendar year covered by the report; (iii) The name and site address of each reclaimer and intermediate
facility; (iv) By reclaimer and intermediate facility, for each hazardous
secondary material exported, a description of the hazardous secondary material
and the EPA hazardous waste number that would apply if the hazardous secondary
material was managed as hazardous waste, the DOT hazard class, the name and
U.S. EPA identification number (where applicable) for each transporter used,
the consent numbers under which the hazardous secondary material was shipped
and for each consent number, the total amount of hazardous secondary material
shipped and the number of shipments exported during the calendar year covered
by the report; (v) A certification signed by the hazardous secondary material
generator which states: "I certify under penalty of law that I
have personally examined and am familiar with the information submitted in this
and all attached documents, and that based on my inquiry of those individuals
immediately responsible for obtaining the information, 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." (m) All persons claiming an exclusion under paragraph
(A)(25) of this rule shall provide notification as required by rule 3745-50-16
of the Administrative Code. (26) "Solvent-contaminated
wipes," as defined in rule 3745-50-10 of the Administrative Code, that are
sent for cleaning and reuse are not wastes from the point of generation,
provided that: (a) The solvent-contaminated wipes, when accumulated, stored, and
transported, are contained in non-leaking, closed containers that are labeled
"Excluded Solvent-Contaminated Wipes." The containers shall be able
to contain free liquids, should free liquids occur. During accumulation, a
container is considered closed when there is complete contact between the
fitted lid and the rim, except when necessary to add or remove
solvent-contaminated wipes. When the container is full, or when the
solvent-contaminated wipes are no longer being accumulated, or when the
container is being transported, the container shall be sealed with all lids
properly and securely affixed to the container and all openings tightly bound
or closed sufficiently to prevent leaks and emissions; (b) The solvent-contaminated wipes may be accumulated by the
generator for up to one hundred eighty days after the start date of
accumulation for each container prior to being sent for cleaning; (c) At the point of being sent for cleaning on-site or at the
point of being transported off-site for cleaning, the solvent-contaminated
wipes shall contain "no free liquids" as defined in rule 3745-50-10
of the Administrative Code; (d) Free liquids removed from the solvent-contaminated wipes or
from the container holding the "wipes," as defined in rule 3745-50-10
of the Administrative Code, shall be managed according to the applicable rules
in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57 and
3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, 3745-267, 3745-270, and
3745-273 of the Administrative Code; (e) Generators shall maintain at the site the following
documentation: (i) Name and address of the laundry or dry cleaner that is
receiving the solvent-contaminated wipes; (ii) Documentation that the one hundred eighty-day accumulation
time limit in paragraph (A)(26)(b) of this rule is being met; (iii) Description of the process the generator is using to ensure
the solvent-contaminated wipes contain no free liquids at the point of being
laundered or dry cleaned on-site or at the point of being transported off-site
for laundering or dry cleaning; (f) The solvent-contaminated wipes are sent to a laundry or dry
cleaner whose discharge, if any, is regulated under Section 301 and Section 402
or Section 307 of the Clean Water Act. (27) Hazardous secondary material that is
generated and then transferred to another person for the purpose of
remanufacturing is not a waste, provided that: (a) The hazardous secondary material consists of one or more of
the following spent solvents: toluene, xylenes, ethylbenzene,
1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl
ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl
isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol,
ethanol, or methanol; (b) The hazardous secondary material originated from using one or
more of the solvents listed in paragraph (A)(27)(a) of this rule in a
commercial grade for reacting, extracting, purifying, or blending chemicals (or
for rinsing out the process lines associated with these functions) in the
pharmaceutical manufacturing (NAICS 325412), basic organic chemical
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
and the paints and coatings manufacturing sectors (NAICS 325510). (c) The hazardous secondary material generator sends the
hazardous secondary material spent solvents listed in paragraph (A)(27)(a) of
this rule to a remanufacturer in the pharmaceutical manufacturing (NAICS
325412), basic organic chemical manufacturing (NAICS 325199), plastics and
resins manufacturing (NAICS 325211), and the paints and coatings manufacturing
sectors (NAICS 325510). (d) After remanufacturing one or more of the solvents listed in
paragraph (A)(27)(a) of this rule, the use of the remanufactured solvent is
limited to reacting, extracting, purifying, or blending chemicals (or for
rinsing out the process lines associated with these functions) in the
pharmaceutical manufacturing (NAICS 325412), basic organic chemical
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
and the paints and coatings manufacturing sectors (NAICS 325510) or to using
them as ingredients in a product. These allowed uses correspond to chemical
functional uses enumerated under the Chemical Data Reporting Rule of the Toxic
Substances Control Act (40 CFR Part 704 and 40 CFR Parts 710 to 711), including
industrial function codes U015 (solvents consumed in a reaction to produce
other chemicals) and U030 (solvents become part of the mixture); (e) After remanufacturing one or more of the solvents listed in
paragraph (A)(27)(a) of this rule, the use of the remanufactured solvent does
not involve cleaning or degreasing oil, grease, or similar material from
textiles, glassware, metal surfaces, or other articles (these disallowed
continuing uses correspond to chemical functional uses in industrial function
code U029 under the Chemical Data Reporting Rule of the Toxics Substances
Control Act); and (f) Both the hazardous secondary material generator and the
remanufacturer shall: (i) Notify the director and update the notification every two
years per rule 3745-50-16 of the Administrative Code; (ii) Develop and maintain an up-to-date remanufacturing plan which
identifies: (a) The name, address and U.S. EPA identification number of the
generator, and the remanufacturer; (b) The types and estimated annual volumes of spent solvents to
be remanufactured; (c) The processes and industry sectors that generate the spent
solvents; (d) The specific uses and industry sectors for the remanufactured
solvents; and (e) A certification from the remanufacturer stating: "On behalf of [insert remanufacturer
facility name], I certify that this facility is a remanufacturer under
pharmaceutical manufacturing (NAICS 325412), basic organic chemical
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
and the paints and coatings manufacturing sectors (NAICS 325510), and will
accept the spent solvents for the sole purpose of remanufacturing into
commercial-grade solvents that will be used for reacting, extracting,
purifying, or blending chemicals (or for rinsing out the process lines
associated with these functions) or for use as product ingredients. I also
certify that the remanufacturing equipment, vents, and tanks are equipped with
and are operating air emission controls in compliance with the appropriate
Clean Air Act regulations under 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part
63; or, absent such Clean Air Act standards for the particular operation or
piece of equipment covered by the remanufacturing exclusion, are in compliance
with the appropriate standards in rules 3745-51-730 to 3745-51-735, 3745-51-750
to 3745-51-764, and 3745-51-780 to 3745-51-789 of the Administrative
Code)"; (iii) Maintain records of shipments and confirmations of receipts
for a period of three years after the dates of the shipments; (iv) Prior to remanufacturing, store the hazardous spent solvents
in tanks or containers that meet technical standards in rules 3745-51-170 to
3745-51-179 and 3745-51-190 to 3745-51-200 of the Administrative Code, with the
tanks and containers being labeled or otherwise having an immediately available
record of the material being stored; (v) During remanufacturing, and during storage of the hazardous
secondary materials prior to remanufacturing, the remanufacturer certifies that
the remanufacturing equipment, vents, and tanks are equipped with and are
operating air emission controls in compliance with the appropriate Clean Air
Act regulations under 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63; or,
absent such Clean Air Act standards for the particular operation or piece of
equipment covered by the remanufacturing exclusion, are in compliance with the
appropriate standards in rules 3745-51-730 to 3745-51-735, 3745-51-750 to
3745-51-764, and 3745-51-780 to 3745-51-789 of the Administrative Code);
and (vi) Meet the requirements prohibiting speculative accumulation in
paragraph (C)(8) of rule 3745-51-01 of the Administrative Code. (B) Wastes which are not hazardous wastes. The following wastes
are not hazardous wastes: (1) Household waste, including household
waste that has been collected, transported, stored, treated, disposed,
recovered (e.g., refuse-derived fuel), or reused. As used in Chapter 3745-51 of
the Administrative Code, "household waste" means any waste material
(including garbage, trash, and sanitary wastes in septic tanks) derived from
households (including single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and
day-use recreation areas). A resource recovery facility managing municipal
waste is not deemed to be treating, storing, disposing of, or otherwise
managing hazardous wastes for the purposes of regulation under the hazardous
waste rules, if such facility: (a) Receives and burns only: (i) Household waste (from single and multiple dwellings, hotels,
motels, and other residential sources); and (ii) Waste from commercial or industrial sources that does not
contain hazardous waste; and (b) Does not accept hazardous wastes and the owner or operator of
such facility has established contractual requirements or other appropriate
notification or inspection procedures to assure that hazardous wastes are not
received at or burned in such facility. (2) Wastes generated by any of the
following and which are returned to the soils as fertilizers: (a) The growing and harvesting of agricultural
crops. (b) The raising of animals, including animal
manures. (3) Mining overburden returned to the
mine site. (4) (a) Fly ash waste, bottom ash waste, slag waste, and flue gas
emission control waste generated primarily from the combustion of coal or other
fossil fuels, except as provided by rule 3745-266-112 of the Administrative
Code for facilities that burn or process hazardous waste. (b) The following wastes generated primarily from processes that
support the combustion of coal or other fossil fuels that are co-disposed with
the wastes in paragraph (B)(4)(a) of this rule, except as provided by rule
3745-266-112 of the Administrative Code for facilities that burn or process
hazardous waste: (i) "Coal pile run-off" means any precipitation that
drains off coal piles. (ii) "Boiler cleaning solutions" means water solutions
and chemical solutions used to clean the fire-side and water-side of the
boiler. (iii) "Boiler blowdown" means water purged from boilers
used to generate steam. (iv) "Process water treatment and demineralizer regeneration
wastes" means sludges, rinses, and spent resins generated from processes
to remove dissolved gases, suspended solids, and dissolved chemical salts from
combustion system process water. (v) "Cooling tower blowdown" means water purged from a
closed cycle cooling system. Closed cycle cooling systems include cooling
towers, cooling ponds, or spray canals. (vi) "Air heater and precipitator washes" means wastes
from cleaning air preheaters and electrostatic precipitators. (vii) "Effluents from floor and yard drains and sumps"
means wastewaters, such as wash water, collected by or from floor drains,
equipment drains, and sumps located inside the power plant building; and
wastewaters, such as rain runoff, collected by yard drains and sumps located
outside the power plant building. (viii) "Wastewater treatment sludges" means sludges
generated from the treatment of wastewaters specified in paragraphs
(B)(4)(b)(i) to (B)(4)(b)(vi) of this rule. (5) Drilling fluids, produced waters, and
other wastes associated with the exploration, development, or production of
crude oil, natural gas or geothermal energy. (6) (a) Wastes which fail the test for the toxicity characteristic
because chromium is present or are listed as a hazardous waste in rules
3745-51-30 to 3745-51-35 of the Administrative Code due to the presence of
chromium, which do not fail the test for the toxicity characteristic for any
other constituent or are not listed due to the presence of any other
constituent, and which do not fail the test for any other characteristic, if a
waste generator or waste generators show that: (i) The chromium in the waste is exclusively (or nearly
exclusively) trivalent chromium; and (ii) The waste is generated from an industrial process which uses
trivalent chromium exclusively (or nearly exclusively) and the process does not
generate hexavalent chromium; and (iii) The waste is typically and frequently managed in
non-oxidizing environments. (b) Specific wastes which meet the standards in paragraphs
(B)(6)(a)(i), (B)(6)(a)(ii), and (B)(6)(a)(iii) of this rule (so long as the
specific wastes do not fail the test for the toxicity characteristic for any
other constituent, and do not exhibit any other characteristic)
are: (i) Chrome (blue) trimmings generated by the following
subcategories of the leather tanning and finishing industry: hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish;
no beamhouse; through-the-blue; and shearling. (ii) Chrome (blue) shavings generated by the following
subcategories of the leather tanning and finishing industry: hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish;
no beamhouse; through-the-blue; and shearling. (iii) Buffing dust generated by the following subcategories of the
leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish;
hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue. (iv) Sewer screenings generated by the following subcategories of
the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling. (v) Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry: hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish;
no beamhouse; through-the-blue; and shearling. (vi) Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry: hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and
through-the-blue. (vii) Waste scrap leather from the leather tanning industry, the
shoe manufacturing industry, and other leather product manufacturing
industries. (viii) Wastewater treatment sludges from the production of titanium
dioxide pigment using chromium-bearing ores by the chloride
process. (7) Waste from the extraction,
beneficiation, and processing of ores and minerals (including coal, phosphate
rock, and overburden from the mining of uranium ore), except as provided by
rule 3745-266-112 of the Administrative Code for facilities that burn or
process hazardous waste. (a) For the purposes of paragraph (B)(7) of this rule,
beneficiation of ores and minerals is restricted to any of the following
activities: (i) Crushing; (ii) Grinding; (iii) Washing; (iv) Dissolution; (v) Crystallization; (vi) Filtration; (vii) Sorting; (viii) Sizing; (ix) Drying; (x) Sintering; (xi) Pelletizing; (xii) Briquetting; (xiii) Calcining to remove water or carbon dioxide; (xiv) Roasting, autoclaving, or chlorination in preparation for
leaching [except where the roasting (or autoclaving or chlorination) and
leaching sequence produces a final or intermediate product that does not
undergo further beneficiation or processing]; (xv) Gravity concentration; (xvi) Magnetic separation; (xvii) Electrostatic separation; (xviii) Flotation; (xix) Ion exchange; (xx) Solvent extraction; (xxi) Electrowinning; (xxii) Precipitation; (xxiii) Amalgamation; and (xxiv) Heap, dump, vat, tank, and in situ leaching. (b) For the purposes of paragraph (B)(7) of this rule, waste from
the processing of ores and minerals includes only the following wastes as
generated: (i) Slag from primary copper processing; (ii) Slag from primary lead processing; (iii) Red and brown muds from bauxite refining; (iv) Phosphogypsum from phosphoric acid production; (v) Slag from elemental phosphorus production; (vi) Gasifier ash from coal gasification; (vii) Process wastewater from coal gasification; (viii) Calcium sulfate wastewater treatment plant sludge from
primary copper processing; (ix) Slag tailings from primary copper processing; (x) Fluorogypsum from hydrofluoric acid production; (xi) Process wastewater from hydrofluoric acid
production; (xii) Air pollution control dust or sludge from iron blast
furnaces; (xiii) Iron blast furnace slag; (xiv) Treated residue from roasting or leaching of chrome
ore; (xv) Process wastewater from primary magnesium processing by the
anhydrous process; (xvi) Process wastewater from phosphoric acid
production; (xvii) Basic oxygen furnace and open hearth furnace air pollution
control dust or sludge from carbon steel production; (xviii) Basic oxygen furnace and open hearth furnace slag from carbon
steel production; (xix) Chloride process waste solids from titanium tetrachloride
production; and (xx) Slag from primary zinc processing. (c) A residue derived from co-processing mineral processing
secondary materials with normal beneficiation raw materials or with normal
mineral processing raw materials remains excluded under paragraph (B) of this
rule if the owner or operator: (i) Processes at least fifty per cent by weight normal
beneficiation raw materials or normal mineral processing raw materials;
and (ii) Legitimately reclaims the secondary mineral processing
materials. (8) Cement kiln dust waste, except as
provided by rule 3745-266-112 of the Administrative Code for facilities that
burn or process hazardous waste. (9) Waste which consists of discarded
arsenical-treated wood or wood products which fails the test for the toxicity
characteristic for EPA hazardous waste numbers D004 to D017 and which is not a
hazardous waste for any other reason if the waste is generated by persons who
utilize the arsenical-treated wood and wood products for these materials'
intended end use. (10) Petroleum-contaminated media and
debris that fail the test for the toxicity characteristic of rule 3745-51-24 of
the Administrative Code (EPA hazardous waste numbers D018 to D043 only) and are
subject to the corrective action regulations under Chapter 1301:7-9 of the
Administrative Code. (11) Injected ground water that is
hazardous only because the injected ground water exhibits the toxicity
characteristic (EPA hazardous waste numbers D018 to D043 only) in rule
3745-51-24 of the Administrative Code that is reinjected through an underground
injection well pursuant to free phase hydrocarbon recovery operations
undertaken at petroleum refineries, petroleum marketing terminals, petroleum
bulk plants, petroleum pipelines, and petroleum transportation spill sites
until January 25, 1993. This extension applies to recovery operations in
existence, or for which contracts have been issued, on or before March 25,
1991. For ground water returned through infiltration galleries from such
operations at petroleum refineries, marketing terminals, and bulk plants, this
extension applies until October 2, 1991. New operations involving injection
wells (beginning after March 25, 1991) shall qualify for this compliance date
extension (until January 25, 1993) only if: (a) Operations are performed pursuant to a written state
agreement or order that includes a provision to assess the ground water and the
need for further remediation once the free phase recovery is completed;
and (b) A copy of the written agreement or order has been submitted
to "Ohio EPA, Hazardous Waste Management Program, P.O. Box 1049, Columbus,
OH" 43216-1049. (12) Used chlorofluorocarbon refrigerants
from totally enclosed heat transfer equipment, including mobile air
conditioning systems, mobile refrigeration, and commercial and industrial air
conditioning and refrigeration systems that use chlorofluorocarbons as the heat
transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed
for further use. (13) Non-terne plated used oil filters
that are not mixed with waste listed in rules 3745-51-30 to 3745-51-35 of the
Administrative Code if these oil filters have been gravity hot-drained using
one of the following methods: (a) Puncturing the filter anti-drain back valve or the filter
dome end and hot-draining; (b) Hot-draining and crushing; (c) Dismantling and hot-draining; or (d) Any other equivalent hot-draining method which removes used
oil. (14) Used oil re-refining distillation
bottoms that are used as feedstock to manufacture asphalt
products. (15) Leachate or gas condensate collected
from landfills where certain wastes have been disposed, provided
that: (a) The wastes disposed would meet one or more of the listing
descriptions for the following: (i) EPA hazardous waste numbers K169, K170, K171, and K172 if
these wastes had been generated after February 8, 1999; (ii) EPA hazardous waste numbers K174, K175, K176, K177, and K178,
if these wastes had been generated after May 20, 2002; or (iii) EPA hazardous waste number K181 if these wastes had been
generated after August 23, 2005. (b) The wastes described in paragraph (B)(15)(a) of this rule
were disposed prior to the following effective dates of the
listings: (i) Paragraph (B)(15)(a)(i) of this rule were disposed prior to
February 8, 1999; (ii) Paragraph (B)(15)(a)(ii) of this rule were disposed prior to
May 20, 2002; (iii) Paragraph (B)(15)(a)(iii) of this rule were disposed prior to
August 23, 2005. (c) The leachate or gas condensate do not exhibit any
characteristic of hazardous waste nor are derived from any other listed
hazardous waste. (d) Discharge of the leachate or gas condensate, including
leachate or gas condensate transferred from the landfill to a POTW by truck,
rail, or dedicated pipe, is subject to regulation under Section 307(b) or
Section 402 of the Clean Water Act. (e) As of February 13, 2001, leachate or gas condensate derived
from K169 to K172 is no longer exempt if such leachate or gas condensate is
stored or managed in a surface impoundment prior to discharge. After February
26, 2007, leachate or gas condensate derived from K181 is no longer exempt if
such leachate or gas condensate is stored or managed in a surface impoundment
prior to discharge. After November 21, 2003, leachate or gas condensate derived
from K176, K177, and K178 is no longer exempt if such leachate or gas
condensate is stored or managed in a surface impoundment prior to discharge.
There is one exception: If the surface impoundment is used to temporarily store
leachate or gas condensate in response to an emergency situation (e.g.,
shutdown of wastewater treatment system), provided the impoundment has a double
liner, and provided the leachate or gas condensate is removed from the
impoundment and continues to be managed in compliance with the conditions of
this paragraph after the emergency ends. (16) [Reserved.] (17) [Reserved.] (18) "Solvent-contaminated
wipes," except for "wipes" (both terms are defined in rule
3745-50-10 of the Administrative Code) that are hazardous waste due to the
presence of trichloroethylene, that are sent for disposal are not hazardous
wastes from the point of generation provided that: (a) The solvent-contaminated wipes, when accumulated, stored, and
transported, are contained in non-leaking, closed containers that are labeled
"Excluded Solvent-Contaminated Wipes." The containers shall be able
to contain free liquids, should free liquids occur. During accumulation, a
container is considered closed when there is complete contact between the
fitted lid and the rim, except when necessary to add or remove
solvent-contaminated wipes. When the container is full, or when the
solvent-contaminated wipes are no longer being accumulated, or when the
container is being transported, the container shall be sealed with all lids
properly and securely affixed to the container and all openings tightly bound
or closed sufficiently to prevent leaks and emissions; (b) The solvent-contaminated wipes may be accumulated by the
generator for up to one hundred eighty days after the start date of
accumulation for each container prior to being sent for disposal; (c) At the point of being transported for disposal, the
solvent-contaminated wipes shall contain "no free liquids" as defined
in rule 3745-50-10 of the Administrative Code; (d) Free liquids removed from the solvent-contaminated wipes or
from the container holding the wipes shall be managed according to the
applicable rules in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to
3745-57 and 3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, 3745-267,
3745-270, and 3745-273 of the Administrative Code; (e) Generators shall maintain at the site the following
documentation: (i) Name and address of the landfill or combustor that is
receiving the solvent-contaminated wipes; (ii) Documentation that the one hundred eighty-day accumulation
time limit in paragraph (B)(18)(b) of this rule is being met; and (iii) Description of the process the generator is using to ensure
solvent-contaminated wipes contain no free liquids at the point of being
transported for disposal; (f) The solvent-contaminated wipes are sent for
disposal: (i) To a sanitary landfill regulated under Chapter 3745-27 of the
Administrative Code and that complies with rule 3745-27-08 of the
Administrative Code and is permitted, licensed, or otherwise authorized by
Ohio, or is permitted, licensed, or otherwise authorized by another state that
that allows the disposal of contaminated wipes in such landfill;
or (ii) To a permitted hazardous waste landfill unit regulated under
Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code, including
rule 3745-57-03 of the Administrative Code, or a hazardous waste landfill unit
regulated under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative
Code, or is an authorized hazardous waste landfill in another authorized state;
or (iii) To a municipal waste combustor or other combustion facility
regulated under Section 129 of the Clean Air Act or to a hazardous waste
combustor, boiler, or industrial furnace regulated under Chapters 3745-54 to
3745-57 and 3745-205, or Chapters 3745-65 to 3745-69 and 3745-256, or rules
3745-266-100 to 3745-266-112 of the Administrative Code. (C) Hazardous wastes which are exempted from certain rules. A
hazardous waste which is generated in a product or raw material storage tank, a
product or raw material transport vehicle or vessel, a product or raw material
pipeline, or in a manufacturing process unit or an associated
non-waste-treatment-manufacturing unit, is not subject to regulation under
Chapter 3745-50, 3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to
3745-69 and 3745-256, or 3745-270 of the Administrative Code, or to the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, until
hazardous waste exits the unit in which hazardous waste was generated, unless
the unit is a surface impoundment, or unless the hazardous waste remains in the
unit more than ninety days after the unit ceases to be operated for
manufacturing, or for storage or transportation of product or raw
materials. (D) Samples. (1) Except as provided in paragraphs
(D)(2) and (D)(4) of this rule, a sample of waste or a sample of water, soil,
or air, which is collected for the sole purpose of testing to determine the
characteristics or composition of such sample, is not subject to any
requirement of Chapter 3745-50, 3745-52, 3745-53, 3745-54 to 3745-57 and
3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, 3745-267, or 3745-270 of
the Administrative Code, or to the requirement to notify Ohio EPA or U.S. EPA
of regulated waste activity, when: (a) The sample is being transported to a laboratory for the
purpose of testing; or (b) The sample is being transported back to the sample collector
after testing; or (c) The sample is being stored by the sample collector before
transport to a laboratory for testing; or (d) The sample is being stored in a laboratory before testing;
or (e) The sample is being stored in a laboratory after testing but
before the sample is returned to the sample collector; or (f) The sample is being stored temporarily in the laboratory
after testing for a specific purpose (for example, until conclusion of a court
case or enforcement action where further testing of the sample may be
necessary). (2) In order to qualify for the exemption
in paragraphs (D)(1)(a) and (D)(1)(b) of this rule, a sample collector shipping
samples to a laboratory and a laboratory returning samples to a sample
collector shall: (a) Comply with DOT requirements, United States postal service
(USPS), or any other applicable shipping requirements; or (b) Comply with the following requirements if the sample
collector determines that DOT, USPS, or other shipping requirements do not
apply to the shipment of the sample: (i) Assure that the following information accompanies the
sample: (a) The sample collector's name, mailing address, and
telephone number; (b) The laboratory's name, mailing address, and telephone
number; (c) The quantity of the sample; (d) The date of shipment; and (e) A description of the sample. (ii) Package the sample so that the sample does not leak, spill,
or vaporize from the packaging. (3) This exemption does not apply if the
laboratory determines that the waste is hazardous, but the laboratory is no
longer meeting any of the conditions stated in paragraph (D)(1) of this
rule. (4) In order to qualify for the exemption
in paragraphs (D)(1)(a) and (D)(1)(b) of this rule, the mass of a sample that
will be exported to a foreign laboratory or that will be imported to a United
States laboratory from a foreign source shall additionally not exceed
twenty-five kilograms. (E) Treatability study samples. (1) Except as provided in paragraphs
(E)(2) and (E)(4) of this rule, persons who generate or collect samples for the
purpose of conducting "treatability studies" as defined in rule
3745-50-10 of the Administrative Code, are not subject to any requirement of
Chapter 3745-51, 3745-52, or 3745-53 of the Administrative Code, or to the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, nor are
such samples included in the quantity determinations of rule 3745-52-13 of the
Administrative Code when: (a) The sample is being collected and prepared for transportation
by the generator or sample collector; or (b) The sample is being accumulated or stored by the generator or
sample collector prior to transportation to a laboratory or testing facility;
or (c) The sample is being transported to the laboratory or testing
facility for the purpose of conducting a treatability study. (2) The exemption in paragraph (E)(1) of
this rule is applicable to samples of hazardous waste being collected and
shipped for the purpose of conducting treatability studies provided
that: (a) The generator or sample collector uses (in "treatability
studies") no more than ten thousand kilograms of media contaminated with
non-acute hazardous waste, one thousand kilograms of non-acute hazardous waste
other than contaminated media, one kilogram of acute hazardous waste, two
thousand five hundred kilograms of media contaminated with acute hazardous
waste for each process being evaluated for each generated waste stream;
and (b) The mass of each sample shipment does not exceed ten thousand
kilograms; the ten thousand kilograms quantity may be all media contaminated
with non-acute hazardous waste, or may include two thousand five hundred
kilograms of media contaminated with acute hazardous waste, one thousand
kilograms of hazardous waste, and one kilogram of acute hazardous waste;
and (c) The sample shall be packaged so that the sample will not
leak, spill, or vaporize from the sample's packaging during shipment and
the requirements of paragraph (E)(2)(c)(i) or (E)(2)(c)(ii) of this rule are
met. (i) The transportation of each sample shipment complies with DOT,
USPS, or any other applicable shipping requirements; or (ii) If the DOT, USPS, or other shipping requirements do not apply
to the shipment of the sample, the following information shall accompany the
sample: (a) The name, mailing address, and telephone number of the
originator of the sample; (b) The name, address, and telephone number of the facility that
will perform the treatability study; (c) The quantity of the sample; (d) The date of shipment; and (e) A description of the sample, including the sample's EPA
hazardous waste number. (d) The sample is shipped to a laboratory or testing facility
which is exempt under paragraph (F) of this rule or has an appropriate federal
RCRA permit or federal interim status or, in Ohio, is operating under an Ohio
hazardous waste permit or permit by rule. (e) The generator or sample collector maintains the following
records for a period ending three years after completion of the treatability
study: (i) Copies of the shipping documents; (ii) A copy of the contract with the facility conducting the
treatability study; (iii) Documentation showing: (a) The amount of waste shipped under this
exemption; (b) The name, address, and U.S. EPA identification number of the
laboratory or testing facility that received the waste; (c) The date the shipment was made; and (d) Whether or not unused samples and residues were returned to
the generator. (f) The generator reports the information required under
paragraph (E)(2)(e)(iii) of this rule in the generator's biennial report
(as required by rule 3745-52-41 of the Administrative Code). (3) The director may grant requests, on a
case-by-case basis, for up to an additional two years for treatability studies
involving bioremediation. The director may grant requests on a case-by-case
basis for quantity limits in excess of those specified in paragraphs (E)(2)(a)
and (E)(2)(b) and (F)(4) of this rule, for up to an additional five thousand
kilograms of media contaminated with non-acute hazardous waste, five hundred
kilograms of non-acute hazardous waste, two thousand five hundred kilograms of
media contaminated with acute hazardous waste, and one kilogram of acute
hazardous waste: (a) In response to requests for authorization to ship, store, and
conduct treatability studies on additional quantities in advance of commencing
treatability studies. Factors to be considered in reviewing such requests
include the nature of the technology, the type of process (e.g., batch versus
continuous), size of the unit undergoing testing (particularly in relation to
scale-up considerations), the time or quantity of material required to reach
steady state operating conditions, or test design considerations such as mass
balance calculations. (b) In response to requests for authorization to ship, store, and
conduct treatability studies on additional quantities after initiation or
completion of initial treatability studies, when: (i) There has been an equipment or mechanical failure during the
conduct of a treatability study; (ii) There is a need to verify the results of a previously
conducted treatability study; (iii) There is a need to study and analyze alternative techniques
within a previously evaluated treatment process; or (iv) There is a need to do further evaluation of an ongoing
treatability study to determine final specifications for
treatment. (c) The additional quantities and time frames allowed in
paragraphs (E)(3)(a) and (E)(3)(b) of this rule are subject to all the
provisions in paragraphs (E)(1) and (E)(2)(c) to (E)(2)(f) of this rule. The
generator or sample collector shall apply to the director in writing and shall
provide in writing the following information: (i) The reason why the generator or sample collector requires
additional time or quantity of sample for treatability study evaluation, and
the additional time or quantity needed; (ii) Documentation accounting for all samples of hazardous waste
from the waste stream which have been sent for or undergone treatability
studies including the date each previous sample from the waste stream was
shipped, the quantity of each previous shipment, the laboratory or testing
facility to which each sample was shipped, what treatability study processes
were conducted on each sample shipped, and the available results of each
treatability study; (iii) A description of the technical modifications or change in
specifications which shall be evaluated and the expected results; (iv) If such further study is being required due to equipment or
mechanical failure, the applicant shall include information regarding the
reason for the failure or breakdown and also include what procedures or
equipment improvements have been made to protect against further breakdowns;
and (v) Such other information that the director considers
necessary. (4) In order to qualify for the exemption
in paragraph (E)(1)(a) of this rule, the mass of a sample that will be exported
to a foreign laboratory or testing facility, or that will be imported to a
United States laboratory or testing facility from a foreign source shall
additionally not exceed twenty-five kilograms. (F) Samples undergoing treatability studies at laboratories and
testing facilities. Samples undergoing treatability studies and the laboratory
or testing facility conducting such treatability studies (to the extent such
facilities are not otherwise subject to hazardous waste requirements) are not
subject to any requirement of Chapter 3745-50, 3745-51, 3745-52, 3745-53,
3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, or
3745-270 of the Administrative Code, or to requirement to notify Ohio EPA or
U.S. EPA of regulated waste activity, provided that the conditions of paragraph
(F) of this rule are met. A mobile treatment unit (MTU) may qualify as a
testing facility subject to paragraph (F) of this rule. Where a group of MTUs
are located at the same site, the limitations specified in paragraph (F) of
this rule apply to the entire group of MTUs collectively as if the group were
one MTU. (1) No less than forty-five days before
conducting treatability studies, the owner or operator of the laboratory or
testing facility notifies the director in writing that the owner or operator of
the laboratory or testing facility intends to conduct treatability studies
under paragraph (F) of this rule. (2) The laboratory or testing facility
conducting the treatability study has a U.S. EPA identification
number. (3) No more than a total of ten thousand
kilograms of "as received" media contaminated with non-acute
hazardous waste, two thousand five hundred kilograms of media contaminated with
acute hazardous waste, or two hundred fifty kilograms of other "as
received" hazardous waste is subject to initiation of treatment in all
treatability studies in any single day. "As received" waste refers to
the waste as received in the shipment from the generator or sample
collector. (4) The quantity of "as
received" hazardous waste stored at the facility for the purpose of
evaluation in treatability studies does not exceed ten thousand kilograms, the
total of which can include ten thousand kilograms of media contaminated with
non-acute hazardous waste, two thousand five hundred kilograms of media
contaminated with acute hazardous waste, one thousand kilograms of non-acute
hazardous wastes other than contaminated media, and one kilogram of acute
hazardous waste. This quantity limitation does not include treatment materials
(including nonhazardous waste) added to "as received" hazardous
waste. (5) No more than ninety days have elapsed
since the treatability study for the sample was completed, or no more than one
year (two years for treatability studies involving bioremediation) have elapsed
since the generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to five hundred kilograms of
treated material from a particular waste stream from treatability studies may
be archived for future evaluation up to five years after the date of initial
receipt. Quantities of materials archived are counted against the total storage
limit for the facility. (6) The treatability study does not
involve the placement of hazardous waste on the land or open burning of
hazardous waste. (7) The facility maintains records for
three years following completion of each study that show compliance with the
treatment rate limits and the storage time and quantity limits. The following
specific information shall be included for each treatability study
conducted: (a) The name, address, and U.S. EPA identification number of the
generator or sample collector of each waste sample; (b) The date the shipment was received; (c) The quantity of waste accepted; (d) The quantity of "as received" waste in storage each
day; (e) The date the treatment study was initiated and the amount of
"as received" waste introduced to treatment each day; (f) The date the treatability study was concluded
and (g) The date any unused sample or residues generated from the
treatability study were returned to the generator or sample collector or, if
sent to a designated facility, the name of the facility and the U.S. EPA
identification number. (8) The facility keeps, on-site, a copy
of the treatability study contract and all shipping papers associated with the
transport of treatability study samples to and from the facility for a period
ending three years after the completion date of each treatability
study. (9) The facility prepares and submits a
report to the director by March fifteenth of each year that includes the
following information for the previous calendar year: (a) The name, address, and U.S. EPA identification number of the
facility conducting the treatability studies; (b) The types (by process) of treatability studies
conducted; (c) The names and addresses of persons for whom studies have been
conducted (including the U.S. EPA identification numbers); (d) The total quantity of waste in storage each day; (e) The quantity and types of waste subjected to treatability
studies; (f) When each treatability study was conducted; and (g) The final disposition of residues and unused sample from each
treatability study. (10) The facility determines whether any
unused sample or residues generated by the treatability study are hazardous
waste under rule 3745-51-03 of the Administrative Code and, if so, are subject
to Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57 and
3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, and 3745-270 of the
Administrative Code, unless the residues and unused samples are returned to the
sample originator under the exemption in paragraph (E) of this
rule. (11) The facility notifies the director by
letter when the facility is no longer planning to conduct any treatability
studies at the site. (G) Dredged material that is not a hazardous waste. Dredged
material that is subject to a permit that has been issued under Section 404 of
the Federal Water Pollution Control Act or Section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972 is not a hazardous waste. For
paragraph (G) of this rule, the following definitions apply: (1) The term "dredged material"
has the same meaning as in 40 CFR 232.2. (2) The term "permit"
means: (a) A permit issued by the United States army corps of engineers
(corps) or an approved state under Section 404 of the Federal Water Pollution
Control Act; or (b) A permit issued by the corps under Section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972; or (c) In the case of corps civil works projects, the administrative
equivalent of the permits referred to in paragraphs (G)(2)(a) and (G)(2)(b) of
this rule, as provided for in corps regulations (for example, see 33 CFR 336.1,
33 CFR 336.2, and 33 CFR 337.6). (H) Carbon dioxide stream injected for geologic sequestration.
Carbon dioxide streams that are captured and transported for purposes of
injection into an underground injection well subject to the requirements for
"Class VI" underground injection control wells, including the
requirements in 40 CFR Part 144 and 40 CFR Part 146 of the underground
injection control program of the Safe Drinking Water Act, are not a hazardous
waste, provided the conditions in 40 CFR 261.4(h) are met. (I) [Reserved.] (J) Airbag waste. (1) Airbag waste at the airbag waste
handler or during transport to an airbag waste collection facility or
designated facility is not subject to regulation under Chapter 3745-50,
3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and
3745-256, 3745-266, 3745-267, or 3745-270 of the Administrative Code, and is
not subject to the requirement to notify Ohio EPA or U.S. EPA of regulated
waste activity provided that: (a) The airbag waste is accumulated in a quantity of no more than
two hundred fifty airbag modules or airbag inflators, for no longer than one
hundred eighty days; (b) The airbag waste is packaged in a container designed to
address the risk posed by the airbag waste and labeled "Airbag Waste - Do
Not Reuse"; (c) The airbag waste is sent directly to either: (i) An airbag waste collection facility in the United States
under the control of a vehicle manufacturer or the authorized representative of
the vehicle manufacturer, or under the control of an authorized party
administering a remedy program in response to a recall under the national
highway traffic safety administration; or (ii) A "designated facility" as defined in rule
3745-50-10 of the Administrative Code; (d) The transport of the airbag waste complies with all
applicable DOT regulations in 49 CFR Parts 171 to 180 during
transit; (e) The airbag waste handler maintains at the handler facility
for no less than three years records of all off-site shipments of airbag waste
and all confirmations of receipt from the receiving facility. For each
shipment, these records, at a minimum, shall contain the name of the
transporter and date of the shipment, name and address of receiving facility,
and the type and quantity of airbag waste (i.e., airbag modules or airbag
inflators) in the shipment. Confirmations of receipt shall include the name and
address of the receiving facility, the type and quantity of the airbag waste
(i.e., airbag modules and airbag inflators) received, and the date which the
airbag waste was received. Shipping records and confirmations of receipt shall
be made available for inspection and may be satisfied by routine business
records (e.g., electronic or paper financial records, bills of lading, copies
of DOT shipping papers, or electronic confirmations of receipt). (2) Once the airbag waste arrives at an
airbag waste collection facility or designated facility, the airbag waste
becomes subject to all applicable hazardous waste rules, and the facility
receiving airbag waste is considered the hazardous waste generator for the
purposes of the hazardous waste rules and shall comply with Chapter 3745-52 of
the Administrative Code. (3) Reuse in vehicles of defective airbag
modules or defective airbag inflators subject to a recall under the national
highway traffic safety administration is considered sham recycling and is
prohibited under paragraph (G) of rule 3745-51-02 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 March 7, 2025 at 8:13 AM
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Rule 3745-51-06 | Requirements for recyclable materials.
(A) (1) Hazardous wastes that are recycled
are subject to the requirements for generators, transporters, and storage
facilities of paragraphs (B) and (C) of this rule, except for the materials
listed in paragraphs (A)(2), (A)(3), and (A)(4) of this rule. Hazardous wastes
that are recycled shall be known as "recyclable
materials." (2) The following recyclable materials
are not subject to the requirements of this rule but are regulated under rules
3745-266-20 to 3745-266-23, 3745-266-70, 3745-266-80, 3745-266-100 to
3745-266-112, 3745-266-200 to 3745-266-206, and 3745-266-210 to 3745-266-355 of
the Administrative Code and all applicable provisions of Chapters 3745-50 and
3745-270 of the Administrative Code: (a) Recyclable materials used in a manner that constitutes
disposal (rules 3745-266-20 to 3745-266-23 of the Administrative
Code). (b) Hazardous wastes burned [as "burn" is defined in
paragraph (A) of rule 3745-266-100 of the Administrative Code] for energy
recovery in boilers and industrial furnaces that are not regulated under rules
3745-57-40 to 3745-57-51 or 3745-68-40 to 3745-68-52 of the Administrative Code
(rules 3745-266-100 to 3745-266-112 of the Administrative Code). (c) Recyclable materials from which precious metals are reclaimed
(rule 3745-266-70 of the Administrative Code). (d) Spent lead-acid batteries that are being reclaimed (rule
3745-266-80 of the Administrative Code). (3) The following recyclable materials
are not subject to regulation under Chapter 3745-50, 3745-52, 3745-53, 3745-54
to 3745-57 and 3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, 3745-267,
or 3745-270 of the Administrative Code, and are not subject to the requirement
to notify Ohio EPA or U.S. EPA of regulated waste activity: (a) Industrial ethyl alcohol that is reclaimed except that
exports and imports of such recyclable materials shall comply with 40 CFR Part
262 subpart H: (i) A person who initiates a shipment for reclamation in a
foreign country shall comply with 40 CFR Part 262 subpart H. [Comment: The exercise of foreign relations
and international commerce powers is reserved to the federal government under
the Constitution. These responsibilities are not delegable to the states.
Therefore, the importation and exportation of hazardous waste into and out of
the U.S. is solely regulated by the federal government.] (ii) A transporter who transports a shipment for export shall not
accept a shipment if the transporter knows the shipment does not conform to the
"EPA Acknowledgement of Consent." A transporter who transports a
shipment for export shall ensure that a copy of the "EPA Acknowledgement
of Consent" accompanies the shipment and shall ensure that the shipment is
delivered to the facility designated by the person who initiates the
shipment. (b) Scrap metal that is not excluded under paragraph (A)(13) of
rule 3745-51-04 of the Administrative Code. (c) Fuels produced from the refining of oil-bearing hazardous
waste along with normal process streams at a petroleum refining facility, if
such wastes result from normal petroleum refining, production, and
transportation practices. [This exemption does not apply to fuels produced from
oil recovered from oil-bearing hazardous waste, where such recovered oil is
already excluded under paragraph (A)(12)(b) of rule 3745-51-04 of the
Administrative Code.] (d) (i) Hazardous waste fuel produced from oil-bearing hazardous
wastes from petroleum refining, production, or transportation practices, or
produced from oil reclaimed from such hazardous wastes, where such hazardous
wastes are reintroduced into a process that does not use distillation or does
not produce products from crude oil as long as the resulting fuel meets the
used oil specification under rule 3745-279-11 of the Administrative Code, and
as long as no other hazardous wastes are used to produce the hazardous waste
fuel. (ii) Hazardous waste fuel produced from oil-bearing hazardous
waste from petroleum refining production and transportation practices, where
such hazardous wastes are reintroduced into a refining process after a point at
which contaminants are removed, as long as the fuel meets the used oil fuel
specification under rule 3745-279-11 of the Administrative Code. (iii) Oil reclaimed from oil-bearing hazardous wastes from
petroleum refining, production, and transportation practices, which reclaimed
oil is burned as a fuel without reintroduction to a refining process, as long
as the reclaimed oil meets the used oil specification under rule 3745-279-11 of
the Administrative Code. (e) Contaminated wipes and apparel that are intended to be
laundered and reused. Contaminated wipes and apparel including but not limited
to rags, mops, drop cloths, and apparel (e.g., gloves, uniforms, smocks, and
coveralls) made of woven or unwoven, natural or synthetic materials (e.g.,
fabric, leather, or rubber-like material) that exhibit a characteristic of
hazardous waste or are otherwise contaminated with hazardous waste as described
in rule 3745-51-03 of the Administrative Code, are intended to be cleaned
on-site or to be sent to a laundry or other cleaning facility to be cleaned,
provided all the following conditions are met: (i) Contaminated wipes
and apparel, when accumulated, stored, and transported, are contained in
non-leaking, closed containers. The containers shall be able to contain free
liquids if free liquids occur. (ii) Contaminated wipes and apparel are not burned for energy
recovery, used to produce a fuel, contained in fuels, used in a manner that
constitutes disposal, or used to produce products that are applied to the land
according to rules 3745-51-02 and 3745-266-20 of the Administrative
Code. (iii) Contaminated wipes and apparel are not otherwise exempt under
paragraph (A)(26) of rule 3745-51-04 of the Administrative Code. (iv) Hazardous waste shall not be mixed with the contaminated
wipes and apparel. (v) The generator of the contaminated wipes and apparel shall do
one of the following: (a) Ensure the
contaminated wipes and apparel or the container contain no "free
liquids" as defined in rule 3745-50-10 of the Administrative Code at the
point the wipes and apparel are sent on-site to be cleaned or transported
off-site to be cleaned. (b) Develop and implement
a written procedure to ensure that the wipes and apparel contain no free
liquids when placed in the container and that no free liquids are added to the
container at any time. (c) Maintain a written
explanation as to why no free liquids will occur in the container. (vi) Contaminated wipes and apparel are not contaminated with
acute hazardous waste as described in rule 3745-51-30 and listed in rule
3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative
Code. (vii) Contaminated wipes and apparel that are contaminated only
with used oil shall contain no visible free flowing used oil, in accordance
with paragraph (C)(1) of rule 3745-279-10 of the Administrative
Code. [Comment: Items that contain free flowing
used oil are subject to Chapter 3745-279 of the Administrative Code.] (viii) Contaminated wipes and apparel are cleaned on-site or sent to
an off-site laundry or cleaning facility that is subject to regulation under
Section 402 or Section 307(b) of the Clean Water Act for discharge to a
publicly owned treatment works or for discharge directly to the waters of the
state. [Comment: In accordance with rule
3745-52-11 of the Administrative Code, the operator of the on-site or off-site
laundry or cleaning facility shall evaluate all wastes generated at such
facilities, including all contaminated wipes and apparel that are
discarded.] (4) Used oil that is recycled and is also
a hazardous waste solely because the used oil exhibits a hazardous
characteristic is not subject to the requirements of Chapter 3745-50, 3745-51,
3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and
3745-256, 3745-266, 3745-267, or 3745-270 of the Administrative Code, but is
regulated under Chapter 3745-279 of the Administrative Code. Used oil that is
recycled includes any used oil which is reused, following the used oil's
original use, for any purpose (including the purpose for which the oil was
originally used). Such term includes, but is not limited to, oil which is
re-refined, reclaimed, burned for energy recovery, or reprocessed. (5) Hazardous waste that is exported or
imported for purpose of recovery is subject to the requirements of 40 CFR Part
262 subpart H. (B) Generators and transporters of recyclable materials are
subject to the applicable requirements of Chapters 3745-52 and 3745-53 of the
Administrative Code and the requirement to notify Ohio EPA or U.S. EPA of
regulated waste activity, except as provided in paragraph (A) of this
rule. (C) (1) Owners and operators of facilities
that store recyclable materials before the materials are recycled shall obtain
a hazardous waste installation and operation permit in accordance with Chapter
3734. of the Revised Code, except as provided in paragraph (C)(3)(a) of this
rule, and are regulated under all applicable provisions of Chapters 3745-50,
3745-54, 3745-55, 3745-65, 3745-66, 3745-266, 3745-267, and 3745-270 of the
Administrative Code, and rules 3745-56-20 to 3745-56-32, 3745-56-50 to
3745-56-59, 3745-67-20 to 3745-67-31, 3745-67-50 to 3745-67-60, 3745-205-30 to
3745-205-36, 3745-205-50 to 3745-205-65, 3745-205-80 to 3745-205-90,
3745-256-30 to 3745-256-35, 3745-256-50 to 3745-256-64, and 3745-256-80 to
3745-256-90 of the Administrative Code, and the requirement to notify Ohio EPA
or U.S. EPA of regulated waste activity, except as provided in paragraph (A) of
this rule. [The recycling process itself is exempt from regulation except as
provided in paragraph (D) of this rule.] (2) Owners or operators of facilities
that recycle recyclable materials without storing the recyclable materials
before recycling are subject to the following requirements, except as provided
in paragraph (A) of this rule: (a) The requirement to notify Ohio EPA or U.S. EPA of regulated
waste activity. (b) Rules 3745-65-71 and 3745-65-72 of the Administrative Code
(use of the manifest and manifest discrepancies). (c) Paragraph (D) of this rule. (d) Rule 3745-65-75 of the Administrative Code, biennial
reporting requirements. (3) Limited storage prior to
recycling. (a) Owners or operators of facilities that enter recyclable
materials into a recycling process within seventy-two hours after arrival at
the facility, except as provided in paragraph (A)(2) of this rule, may store
recyclable materials in containers, tanks, or containment buildings without an
Ohio hazardous waste permit, provided that all of the following requirements
are met: (i) The notification and U.S. EPA identification number
requirements of rule 3745-65-11 of the Administrative Code. A description of
the recycling process shall be provided in the comments section of the
notification form. The owner or operator shall renotify when there is a change
in the recycling process or when the recycling operations cease. (ii) The requirements for container management of rules 3745-66-71
to 3745-66-77 of the Administrative Code. (iii) The requirements for tank management of rules 3745-66-90 to
3745-66-96, 3745-66-98, 3745-66-99, and paragraphs (A) and (B) of rule
3745-66-97 of the Administrative Code. (iv) The requirements for containment buildings of rules
3745-256-100 to 3745-256-102 of the Administrative Code. (v) The security requirements of rule 3745-65-14 of the
Administrative Code. (vi) The inspection requirements of rule 3745-65-15 of the
Administrative Code. (vii) The personnel training requirements of rule 3745-65-16 of the
Administrative Code. (viii) The requirements for ignitable wastes, reactive wastes, or
incompatible wastes of rule 3745-65-17 of the Administrative Code. (ix) The preparedness and prevention requirements of rules
3745-65-30 to 3745-65-37 of the Administrative Code. (x) The contingency plan and emergency procedures requirements of
rules 3745-65-50 to 3745-65-56 of the Administrative Code. (xi) The manifest system, recordkeeping, and reporting
requirements of rules 3745-65-70 to 3745-65-72 of the Administrative
Code. (xii) The operating record requirements of paragraphs (A) and
(B)(3) to (B)(14) of rule 3745-65-73 of the Administrative Code. (xiii) Maintain for three years an inventory log in the operating
record that contains this information: (a) The date and time when the recyclable material arrived at the
facility. (b) The quantity and type of material received. (c) The name and address of the facility where the recyclable
materials shipment originated. (d) The date and time that the recyclable material was placed
into the recycling process. (xiv) The availability, retention, and disposition of records
requirements of rule 3745-65-74 of the Administrative Code. (xv) The biennial report requirements of rule 3745-65-75 of the
Administrative Code. (xvi) The unmanifested waste report requirements of rule 3745-65-76
of the Administrative Code. (xvii) The additional reports requirements of rule 3745-65-77 of the
Administrative Code. (xviii) The closure requirements of paragraphs (A) and (B) of rule
3745-66-11 and rule 3745-66-14 of the Administrative Code. (xix) The financial
assurance requirements of rule 3745-51-100 of the Administrative
Code. (xx) The owner or operator shall give advance notice to the
director of any anticipated noncompliance with the seventy-two hour time limit
for storage. This notice shall contain the following: (a) The cause of the anticipated noncompliance. (b) The name, address, and telephone number of the owner or
operator. (c) The name, address, and telephone number of the
facility. (d) The date and time of the anticipated
noncompliance. (e) The name and quantity of materials involved. (f) The estimated time frame for noncompliance. (xxi) Paragraph (D) of
this rule. (b) Owners or operators of facilities that do not enter
recyclable materials into a recycling process within seventy-two hours after
arrival at the facility, except as provided in paragraph (A)(2) of this rule,
are subject to the requirements of paragraph (C)(1) of this rule. (D) Owners or operators of facilities subject to Ohio EPA's
permitting requirements with hazardous waste management units that recycle
hazardous wastes are subject to the requirements of rules 3745-205-30 to
3745-205-36, 3745-205-50 to 3745-205-65, 3745-256-30 to 3745-256-35, and
3745-256-50 to 3745-256-64 of the Administrative Code or Chapter 3745-267 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 March 7, 2025 at 8:13 AM
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Rule 3745-51-07 | Residues of hazardous waste in empty containers.
(A) (1) Any hazardous waste
remaining in either an empty container or an inner liner removed from an empty
container, as described in paragraph (B) of this rule, is not subject to
regulation under Chapter 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57
and 3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, 3745-267, or 3745-270
of the Administrative Code, or to the requirement to notify Ohio EPA or U.S.
EPA of regulated waste activity. (2) Any hazardous waste
in either a container that is not empty or an inner liner removed from a
container that is not empty, as described in paragraph (B) of this rule, is
subject to regulation under Chapters 3745-50, 3745-51, 3745-52, 3745-53,
3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266,
3745-267, and 3745-270 of the Administrative Code, and to the requirement to
notify Ohio EPA or U.S. EPA of regulated waste activity. (B) (1) A container or an
inner liner removed from a container that has held any hazardous waste, except
a waste that is a compressed gas or that is identified as an acute hazardous
waste in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the
Administrative Code, is empty if: (a) All wastes have been removed that can be removed using the
practices commonly employed to remove materials from that type of container,
e.g., pouring, pumping, and aspirating; and (b) No more than 2.5 centimeters (one inch) of residue remain on
the bottom of the container or inner liner; or (c) (i) No more than three
per cent by weight of the total capacity of the container remains in the
container or inner liner if the container is less than or equal to one hundred
nineteen gallons in size; or (ii) No more than 0.3 per
cent by weight of the total capacity of the container remains in the container
or inner liner if the container is greater than one hundred nineteen gallons in
size. (2) A container that has
held a hazardous waste that is a compressed gas is empty when the pressure in
the container approaches atmospheric. (3) A container or an
inner liner removed from a container that has held an acute hazardous waste
listed in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the
Administrative Code is empty if: (a) The container or inner liner has been triple rinsed using a
solvent capable of removing the commercial chemical product or manufacturing
chemical intermediate; or (b) The container or inner liner has been cleaned by another
method that has been shown in the scientific literature, or by tests conducted
by the generator, to achieve equivalent removal; or (c) In the case of a container, the inner liner that prevented
contact of the commercial chemical product or manufacturing chemical
intermediate with the container, has been removed. (C) Containers of hazardous waste
pharmaceuticals are subject to rule 3745-266-507 of the Administrative Code to
determine when the containers are considered empty, in lieu of this rule,
except as provided by paragraphs (C) and (D) of rule 3745-266-507 of the
Administrative Code.
Last updated March 17, 2025 at 11:27 AM
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Rule 3745-51-08 | PCB wastes regulated under the Toxic Substances Control Act.
The disposal of polychlorinated byphenyl
(PCB)-containing dielectric fluids and electric equipment containing such
fluids authorized for use and regulated under 40 CFR Part 761 and that are
hazardous only because such items fail the test for the toxicity characteristic
leaching procedure (EPA hazardous waste numbers D018 to D043 only) are exempt
from regulation under Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to
3745-57 and 3745-205, 3745-65 to 3745-69 and 3745-256, and 3745-270 of the
Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of
regulated waste activity. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 8:14 AM
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Rule 3745-51-09 | Requirements for universal waste.
The wastes listed in this rule are exempt from
regulation under Chapters 3745-50, 3745-52, 3745-53, 3745-54 to 3745-57 and
3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, 3745-267, and 3745-270 of
the Administrative Code except as specified in Chapter 3745-273 of the
Administrative Code and, therefore are not fully regulated as hazardous waste.
The wastes listed in this rule are subject to regulation under Chapter 3745-273
of the Administrative Code: (A) Batteries as described in rule
3745-273-02 of the Administrative Code; (B) Pesticides as described in rule
3745-273-03 of the Administrative Code; (C) Mercury-containing equipment as
described in rule 3745-273-04 of the Administrative Code; (D) Lamps as described in rule
3745-273-05 of the Administrative Code; (E) Aerosol cans as described in rule
3745-273-06 of the Administrative Code; and (F) Ohio-specific universal wastes, which include: (1) Antifreeze as described in rule
3745-273-89 of the Administrative Code; and (2) Paint and paint-related waste as
described in rule 3745-273-89 of the Administrative Code.
Last updated March 7, 2025 at 8:14 AM
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Rule 3745-51-10 | Criteria for identifying the characteristics of hazardous waste.
Effective:
September 29, 2021
The director shall identify and define a
characteristic of hazardous waste in rules 3745-51-20 to 3745-51-24 of the
Administrative Code only upon determining that: (A) A waste that exhibits the
characteristic may: (1) Cause, or
significantly contribute to, an increase in mortality or an increase in
serious, irreversible, or incapacitating reversible illness; or (2) Pose a substantial
present or potential hazard to human health or the environment when the waste
is improperly treated, stored, transported, disposed or otherwise managed;
and (B) The characteristic can
be: (1) Measured by an
available standardized test method which is reasonably within the capability of
generators of waste or private sector laboratories that are available to serve
generators of waste; or (2) Reasonably detected
by generators of waste through knowledge of the wastes.
Last updated September 29, 2021 at 8:42 AM
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Rule 3745-51-11 | Criteria for listing hazardous waste.
(A) The director shall list a waste as a
hazardous waste only upon determining that the waste meets one of the following
criteria: (1) The waste exhibits
any of the characteristics of hazardous waste identified in rules 3745-51-20 to
3745-51-24 of the Administrative Code. (2) The waste has been
found to be fatal to humans in low doses or, in the absence of data on human
toxicity, the waste has been shown in studies to have an oral LD50 toxicity
(rat) of less than fifty milligrams per kilogram, an inhalation LC50 toxicity
(rat) of less than two milligrams per liter, or a dermal LD50 toxicity (rabbit)
of less than two hundred milligrams per kilogram or is otherwise capable of
causing or significantly contributing to an increase in serious irreversible,
or incapacitating reversible illness. (Wastes listed in accordance with these
criteria shall be designated acute hazardous wastes.) [Comment: As used in this paragraph, LD (lethal
dosage) and LC (lethal concentration) are standard measures of toxicity. A LD50
dosage, and a LC50 concentration, are fatal to fifty per cent of the test
subjects.] (3) The waste contains
any of the toxic constituents listed in the appendix to this rule and, after
considering the following factors, the director concludes that the waste is
capable of posing a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, disposed of, or
otherwise managed: (a) The nature of the toxicity presented by the
constituent. (b) The concentration of the constituent in the
waste. (c) The potential of the constituent or any toxic degradation
product of the constituent to migrate from the waste into the environment under
the types of improper management considered in paragraph (A)(3)(g) of this
rule. (d) The persistence of the constituent or any toxic degradation
product of the constituent. (e) The potential for the constituent or any toxic degradation
product of the constituent to degrade into nonharmful constituents and the rate
of degradation. (f) The degree to which the constituent or any degradation
product of the constituent bioaccumulates in ecosystems. (g) The plausible types of improper management to which the waste
could be subjected. (h) The quantities of the waste generated at individual
generation sites or on a regional or national basis. (i) The nature and severity of the human health and environmental
damage that has occurred as a result of the improper management of wastes
containing the constituent. (j) Action taken by other governmental agencies or regulatory
programs based on the health or environmental hazard posed by the waste or
waste constituent. (k) Such other factors as may be appropriate. Substances shall be
listed in the appendix to this rule only if those substances have been shown in
scientific studies to have toxic, carcinogenic, mutagenic or teratogenic
effects on humans or other life forms. (Wastes listed in accordance with these
criteria shall be designated toxic wastes.) (B) The director may list classes or
types of waste as hazardous waste if the director has reason to believe that
individual wastes, within the class or type of waste, typically or frequently
are hazardous under the definition of "hazardous waste" in Section
1004(5) of the Resource Conservation and Recovery Act. (C) The director shall not list any waste that the
administrator delisted or excluded by an amendment to the federal regulations,
any waste that the administrator declined to list by publishing a denial of a
rulemaking petition or by withdrawal of a proposed listing in the Federal
Register after May 18, 1980, or any waste oil or polychlorinated biphenyl not
listed by the administrator. [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 March 7, 2025 at 8:15 AM
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Rule 3745-51-20 | Characteristics of hazardous waste- general.
(A) A "waste," as defined in
rule 3745-51-02 of the Administrative Code, which is not excluded from
regulation as a hazardous waste under paragraph (B) of rule 3745-51-04 of the
Administrative Code, is a hazardous waste if the waste exhibits any of the
characteristics identified in rules 3745-51-20 to 3745-51-24 of the
Administrative Code. [Comment: Rule 3745-52-11 of the Administrative
Code provides the generator's responsibility to determine whether his
waste exhibits one or more of the characteristics identified in rules
3745-51-20 to 3745-51-24 of the Administrative Code.] (B) A hazardous waste which is identified
by a characteristic identified in rules 3745-51-20 to 3745-51-24 of the
Administrative Code is assigned every EPA hazardous waste number that is
applicable as identified in rules 3745-51-20 to 3745-51-24 of the
Administrative Code. This number shall be used in complying with the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity and all
applicable recordkeeping and reporting requirements of Chapters 3745-50,
3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and
3745-256, and 3745-270 of the Administrative Code. (C) For the purposes of rules 3745-51-20
to 3745-51-24 of the Administrative Code, the director will consider a sample
obtained using any of the applicable sampling methods specified in the appendix
to this rule to be a representative sample within the meaning of Chapter
3745-50 of the Administrative Code. [Comment 1: Since the sampling methods in the
appendix to this rule are not formally adopted by Ohio EPA, a person who wishes
to employ an alternative sampling method, including previously approved
equivalent ASTM methods, is not required to demonstrate the equivalency of that
method under the procedures in 40 CFR 260.20 and 40 CFR 260.21.] [Comment 2: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
View Appendix
Last updated March 7, 2025 at 8:15 AM
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Rule 3745-51-21 | Characteristic of ignitability.
Effective:
October 23, 2022
(A) A waste exhibits the characteristic
of ignitability if a representative sample of the waste has any of the
following properties: (1) The waste is a
liquid, other than a solution containing less than twenty-four per cent alcohol
by volume and at least fifty per cent water by weight, that has a flash point
less than sixty degrees Celsius (C) [one hundred forty degrees Fahrenheit (F)],
as determined by using "American Society for Testing and Materials
(ASTM)" standard ASTM D93-79, D93-80, D3278-78, D8174-18, or D8175-18 as
specified in SW-846 test method 1010B or 1020C. (2) The waste is not a
liquid and, under standard temperature and pressure, can cause fire through
friction, absorption of moisture, or spontaneous chemical changes and, when
ignited, burns so vigorously and persistently that the waste creates a
hazard. (3) The waste is an
ignitable compressed gas. (a) The term "compressed gas" designates any materials
or mixtures having in the container an absolute pressure exceeding forty pounds
per square inch (psi) at seventy degrees F or, regardless of the pressure at
seventy degrees F, having an absolute pressure exceeding one hundred four psi
at one hundred thirty degrees F; or any liquid flammable material having a
vapor pressure exceeding forty psi absolute at one hundred degrees F as
determined by ASTM D323-20a. (b) A compressed gas is characterized as ignitable if any one of
the following occurs: (i) Either a mixture of
thirteen per cent or less (by volume) with air forms a flammable mixture, or
the flammable range with air is wider than twelve per cent regardless of the
lower limit. These limits are determined at atmospheric temperature and
pressure. The method of sampling and test procedure shall be the ASTM E681-85
or other equivalent methods approved by the associate administrator,
"Pipeline and Hazardous Materials Safety Administration" of the U.S.
department of transportation (U.S. DOT). (ii) The compressed gas
is determined to be flammable or extremely flammable using 49 CFR
173.115(l). (4) The waste is an
oxidizer. An "oxidizer," for the purpose of this rule, is a substance
such as chlorate, permanganate, inorganic peroxide, or a nitrate, that yields
oxygen readily to stimulate the combustion of organic matter. (a) An organic compound containing the bivalent -O-O- structure
and which may be considered a derivative of hydrogen peroxide where one or more
of the hydrogen atoms have been replaced by organic radicals shall be classed
as an "organic peroxide" unless: (i) The material meets
the definition of a "Division 1.1," "Division 1.2," or
"Division 1.3" explosive, as described in paragraph (A)(8) of rule
3745-51-23 of the Administrative Code, in which case, the material is classed
as an explosive; (ii) The material is
forbidden to be offered for transportation according to 49 CFR 172.101 and 49
CFR 173.21; (iii) The predominant
hazard of the material containing an organic peroxide is other than that of an
organic peroxide; or (iv) According to data on
file with the "Pipeline and Hazardous Materials Safety
Administration" in the U.S. DOT, the material does not present a hazard in
transportation. (b) [Reserved.] (B) A waste that exhibits the
characteristic of ignitability has the EPA hazardous waste number of
D001. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated October 24, 2022 at 8:46 AM
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Rule 3745-51-22 | Characteristic of corrosivity.
Effective:
September 29, 2021
(A) A waste exhibits the characteristic
of corrosivity if a representative sample of the waste has either of the
following properties: (1) The waste is aqueous
and has a pH less than or equal to two or greater than or equal to 12.5, as
determined by a pH meter using method 9040C in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods" U.S. EPA publication
SW-846. (2) The waste is a liquid
and corrodes steel (SAE 1020) at a rate greater than 6.35 millimeters (0.25
inch) per year at a test temperature of fifty-five degrees Celsius (one hundred
thirty degrees Fahrenheit) as determined by method 1110A in "Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods" U.S. EPA
publication SW-846. (B) A waste that exhibits the
characteristic of corrosivity has the EPA hazardous waste number of
D002. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated September 29, 2021 at 8:44 AM
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Rule 3745-51-23 | Characteristic of reactivity.
Effective:
February 12, 2018
(A) A waste exhibits the characteristic
of reactivity if a representative sample of the waste has any of the following
properties: (1) The waste is normally
unstable and readily undergoes violent change without detonating. (2) The waste reacts
violently with water. (3) The waste forms
potentially explosive mixtures with water. (4) When mixed with
water, the waste generates toxic gases, vapors or fumes in a quantity
sufficient to present a danger to human health or the environment. (5) The waste is a
cyanide or sulfide bearing waste which, when exposed to pH conditions between
two and 12.5, can generate toxic gases, vapors or fumes in a quantity
sufficient to present a danger to human health or the environment. (6) The waste is capable
of detonation or explosive reaction if the waste is subjected to a strong
initiating source or if heated under confinement. (7) The waste is readily
capable of detonation or explosive decomposition or reaction at standard
temperature and pressure. (8) The waste is a
"forbidden explosive" as defined in 49 CFR 173.54, or is an
"explosive in Class 1" in "Division 1.1," "Division
1.2, "or "Division 1.3" as defined in 49 CFR 173.50 and 49 CFR
173.53. (B) A waste that exhibits the
characteristic of reactivity has the EPA hazardous waste number of
D003. [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 3745-51-24 | Toxicity characteristic.
Effective:
September 29, 2021
(A) A waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the toxicity characteristic leaching procedure, test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846, the extract from a representative sample of the waste contains any of the contaminants listed in the table in this rule at a concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 per cent filterable solids, the waste itself, after filtering using the methodology outlined in method 1311, is considered to be the extract for the purposes of this rule. (B) A waste that exhibits the characteristic of toxicity has the EPA hazardous waste number specified in the table in this rule which corresponds to the toxic contaminant that causes the waste to be hazardous. | Table | | Maximum Concentrations of Contaminants for the Toxicity Characteristic | | EPA Haz. Waste Number | Contaminant | CAS1 Number | Regulatory Level (mg/L) | | D004 | Arsenic | 7440-38-2 | 5.0 | | D005 | Barium | 7440-39-3 | 100.0 | | D018 | Benzene | 71-43-2 | 0.5 | | D006 | Cadmium | 7440-43-9 | 1.0 | | D019 | Carbon tetrachloride | 56-23-5 | 0.5 | | D020 | Chlordane | 57-74-9 | 0.03 | | D021 | Chlorobenzene | 108-90-7 | 100.0 | | D022 | Chloroform | 67-66-3 | 6.0 | | D007 | Chromium | 7440-47-3 | 5.0 | | D023 | o-Cresol | 95-48-7 | 200.03 | | D024 | m-Cresol | 108-39-4 | 200.03 | | D025 | p-Cresol | 106-44-5 | 200.03 | | D026 | Cresol | ---------- | 200.03 | | D016 | 2,4-D | 94-75-7 | 10.0 | | D027 | 1,4-Dichlorobenzene | 106-46-7 | 7.5 | | D028 | 1,2-Dichloroethane | 107-06-2 | 0.5 | | D029 | 1,1-Dichloroethylene | 75-35-4 | 0.7 | | D030 | 2,4-Dinitrotoluene | 121-14-2 | 0.132 | | D012 | Endrin | 72-20-8 | 0.02 | | D031 | Heptachlor (and its epoxide) | 76-44-8 | 0.008 | | D032 | Hexachlorobenzene | 118-74-1 | 0.132 | | D033 | Hexachlorobutadiene | 87-68-3 | 0.5 | | D034 | Hexachloroethane | 67-72-1 | 3.0 | | D008 | Lead | 7439-92-1 | 5.0 | | D013 | Lindane | 58-89-9 | 0.4 | | D009 | Mercury | 7439-97-6 | 0.2 | | D014 | Methoxychlor | 72-43-5 | 10.0 | | D035 | Methyl ethyl ketone | 78-93-3 | 200.0 | | D036 | Nitrobenzene | 98-95-3 | 2.0 | | D037 | Pentachlorophenol | 87-86-5 | 100.0 | | D038 | Pyridine | 110-86-1 | 5.02 | | D010 | Selenium | 7782-49-2 | 1.0 | | D011 | Silver | 7440-22-4 | 5.0 | | D039 | Tetrachloroethylene | 127-18-4 | 0.7 | | D015 | Toxaphene | 8001-35-2 | 0.5 | | D040 | Trichloroethylene | 79-01-6 | 0.5 | | D041 | 2,4,5-Trichlorophenol | 95-95-4 | 400.0 | | D042 | 2,4,6-Trichlorophenol | 88-06-2 | 2.0 | | D017 | 2,4,5-TP (Silvex) | 93-72-1 | 1.0 | | D043 | Vinyl chloride | 75-01-4 | 0.2 | | | 1 Chemical abstracts service number. | | 2 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level. | | 3If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/L. |
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Last updated September 29, 2021 at 8:44 AM
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Rule 3745-51-30 | Lists of hazardous wastes - general.
(A) A waste is a hazardous waste if the waste is listed as such
in rules 3745-51-30 to 3745-51-35 of the Administrative Code, unless the waste
has been excluded under 40 CFR 260.20 and 40 CFR 260.22. (B) The administrator shall indicate the basis for listing the
classes or types of wastes listed by employing one or more of the following
hazard codes: | Ignitablewaste | (I) | | Corrosive waste | (C) | | Reactive waste | (R) | | Toxicity characteristic waste | (E) | | Acute hazardous waste | (H) | | Toxicwaste | (T) |
The appendix to this rule identifies the
constituents which caused the administrator to list the waste as a toxicity
characteristic waste (E) or toxic waste (T) as shown in rules 3745-51-31 and
3745-51-32 of the Administrative Code. (C) Each hazardous waste listed in rules 3745-51-30 to 3745-51-35
of the Administrative Code is assigned an EPA hazardous waste number which
precedes the name of the waste. This number shall be used in complying with the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity and
certain recordkeeping and reporting requirements under Chapters 3745-50,
3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and
3745-256, 3745-267, and 3745-270 of the Administrative Code. (D) The following hazardous wastes listed in rule 3745-51-31 of
the Administrative Code are subject to the generator category limits for
acutely hazardous wastes established in the table in rule 3745-52-13 of the
Administrative Code: EPA hazardous waste numbers F020, F021, F022, F023, F026,
and F027. [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 March 7, 2025 at 8:15 AM
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Rule 3745-51-31 | Hazardous waste from non-specific sources.
Effective:
October 23, 2022
(A) The following table lists hazardous wastes from non-specific sources, along with industry and EPA hazardous waste numbers and hazard codes for these hazardous wastes: | Industry and EPA hazardous waste number | Hazardous waste | Hazard code | | Generic: | | F001 | The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures or blends used in degreasing containing, before use, a total of ten per cent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. | (T) | | F002 | The following spent halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2- trifluoroethane, orthodichlorobenzene, trichlorofluoromethane, and 1,1,2-trichloroethane; all spent solvent mixtures or blends containing, before use, a total of ten per cent or more (by volume) of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. | (T) | | F003 | The following spent non-halogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures or blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures or blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten per cent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. | (I)* | | F004 | The following spent non-halogenated solvents: cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures or blends containing, before use, a total of ten per cent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. | (T) | | F005 | The following spent non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures or blends containing, before use, a total of ten per cent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. | (I,T) | | F006 | Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc aluminum plating on carbon steel; (5) cleaning or stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum. | (T) | | F007 | Spent cyanide plating bath solutions from electroplating operations. | (R,T) | | F008 | Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process. | (R,T) | | F009 | Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process. | (R,T) | | F010 | Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process. | (R,T) | | F011 | Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations. | (R,T) | | F012 | Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process. | (T) | | F019 | Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. Wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process will not be subject to this listing at the point of generation if the wastes are not placed outside on the land prior to shipment to a landfill for disposal and are: -disposed in a RCRA subtitle D municipal waste or industrial waste landfill unit that is equipped with a single clay liner, or that meets the requirements of rule 3745-27-08 or 3745-29-08 of the Administrative Code, and -is permitted, licensed, or otherwise authorized by Ohio, or -is permitted, licensed, or otherwise authorized by another state that has this exemption, or -disposed in a hazardous waste landfill unit subject to, or that otherwise meets, the requirements of rule 3745-57-03 or 3745-68-05 of the Administrative Code, or -disposed in a municipal waste landfill unit subject to, or that otherwise meets, the requirements of 40 CFR 258.40. For the purposes of this listing, paragraph (B)(4)(a) of this rule defines "motor vehicle manufacturing," and paragraph (B)(4)(b) of this rule describes the recordkeeping requirements for motor vehicle manufacturing facilities. | (T) | | F020 | Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of hexachlorophene from highly purified 2,4,5-trichlorophenol.) | (H) | | F021 | Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives. | (H) | | F022 | Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline conditions. | (H) | | F023 | Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- and tetrachlorophenols. (This listing does not include wastes from equipment used only for the production or use of hexachlorophene from highly purified 2,4,5-trichlorophenol.) | (H) | | F024 | Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor cleanout wastes from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in this rule or in rule 3745-51-32 of the Administrative Code.) | (T) | | F025 | Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. | (T) | | F026 | Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions. | (H) | | F027 | Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulation containing Hexachlorophene synthesized from pre-purified 2,4,5-trichlorophenol as the sole component.) | (H) | | F028 | Residues resulting from the incineration or thermal treatment of soil contaminated with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027. | (T) | | F032 | Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations [except potentially cross-contaminated wastes that have had the F032 EPA hazardous waste number deleted in accordance with rule 3745-51-35 of the Administrative Code or potentially crosscontaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations]. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol. | (T) | | F034 | Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol. | (T) | | F035 | Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote or pentachlorophenol. | (T) | | F037 | Petroleum refinery primary oil or water or solids separation sludge. Any sludge generated from the gravitational separation of oil or water or solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in oil or water or solids separators, tanks and impoundments, ditches and other conveyances, sumps, and stormwater units receiving dry weather flow. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in "aggressive biological treatment units" as defined in paragraph (B)(2) of this rule (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units), and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under paragraph (A)(12)(a) of rule 3745-51-04 of the Administrative Code, if those residuals are to be disposed of. | (T) | | F038 | Petroleum refinery secondary (emulsified) oil or water or solids separation sludge. Any sludge or float generated from the physical or chemical separation of oil or water or solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all sludges and floats generated in induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in dissolved air flotation (DAF) units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in paragraph (B)(2) of this rule (including sludges and floats generated in one or more additional units after wastewaters have been treated in "aggressive biological treatment units"), and F037, K048, and K051 wastes are not included in this listing. | (T) | | F039 | Leachate (liquids that have percolated through land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under rules 3745-51-30 to 3745-51-35 of the Administrative Code. (Leachate resulting from the disposal of one or more than one of the following EPA hazardous wastes and no other hazardous wastes retains its EPA hazardous waste numbers: F020, F021, F022, F026, F027, or F028.) | (T) | | * (I,T) should be used to specify mixtures that are ignitable and contain toxic constituents. |
(B) Listing-specific definitions. (1) For the purposes of the F037 and F038 listings, "oil/water/solids" (the term used by U.S. EPA) is defined as oil or water or solids, and "oil or water or solids" is the term used in the hazardous waste rules. (2) (a) For the purposes of the F037 and F038 listing, "aggresive biological treatment units" are defined as units which employ one of the following four treatment methods: activated sludge, trickling filter, rotating biological contactor for the continuous accelerated biological oxidation of wastewaters, or high rate aeration. High rate aeration is a system of surface impoundments or tanks in which intense mechanical aeration is used to completely mix the wastes, enhance biologial activity; and (i) The units employ a minimum of six horse power per million gallons of treatment volume; and either (ii) The hydraulic retention time of the unit is no longer than five days; or (iii) The hydraulic retention time of the unit is no longer than thirty days and the unit does not generate a sludge that is a hazardous waste by the toxicity characteristic. (b) Generators and treatment, storage, and disposal facilities have the burden of proving that sludges from those facilities are exempt from listings as F037 and F038 wastes under this definition. Generators and treatment, storage, and disposal facilities shall maintain, in the operating or other on-site records, documents and the data sufficient to prove that: (i) The unit is an "aggressive biological treatment unit" as defined in this rule; and (ii) The sludges sought to be exempted from the definitions of F037 or F038 were actually generated in the aggressive biological treatment unit. [Comment: For purposes of paragraph (B)(2)(b) of this rule and the F037 and F038 listings in this rule, "exempt" means not included under the definition of F037 or F038 with respect to determining the status of this material as a hazardous waste.] (3) (a) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where "deposition" is defined as at least a temporary cessation of lateral particle movement. (b) For the purposes of the F038 listing: (i) Sludges are considered to be generated at the moment of deposition in the unit, where "deposition" is defined as at least a temporary cessation of lateral particle movement; and (ii) Floats are considered to be generated at the moment of formation in the top of the unit. (4) For the purposes of the F019 listing, the following apply to wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process: (a) "Motor vehicle manufacturing" is defined to include the manufacture of automobiles and light trucks or utility vehicles (including light duty vans, pickup trucks, minivans, and sport utility vehicles). Facilities shall be engaged in manufacturing complete vehicles (body and chassis or unibody) or chassis only. (b) Generators shall maintain in on-site records documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. These records shall include the volume of waste generated and disposed of off-site, documentation showing when the waste volumes were generated and sent off-site, the name and address of the receiving facility, and documentation confirming receipt of the waste by the receiving facility. Generators shall maintain these documents on-site for no less than three years. The retention period for the documentation is automatically extended during the course of any enforcement action or as requested by the director. [Comment: For dates of non-regulatory government publications, publications of recognised organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."
Last updated October 24, 2022 at 8:47 AM
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Rule 3745-51-32 | Hazardous waste from specific sources.
Effective:
October 23, 2022
(A) The following wastes are listed hazardous wastes from specific sources unless the wastes are excluded under 40 CFR 260.20 and 40 CFR 260.22 and 40 CFR Part 261 appendix IX. | Industry and EPA Hazardous Waste Number. | Hazardous Waste | Hazard Code | | Wood preservation: | | K001 | Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote or pentachlorophenol | (T) | | Inorganic pigments: | | K002 | Wastewater treatment sludge from the production of chrome yellow and orange pigments | (T) | | K003 | Wastewater treatment sludge from the production of molybdate orange pigments | (T) | | K004 | Wastewater treatment sludge from the production of zinc yellow pigments | (T) | | K005 | Wastewater treatment sludge from the production of chrome green pigments | (T) | | K006 | Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated) | (T) | | K007 | Wastewater treatment sludge from the production of iron blue pigments | (T) | | K008 | Oven residue from the production of chrome oxide green pigments | (T) | | Organic chemicals: | | K009 | Distillation bottoms from the production of acetaldehyde from ethylene | (T) | | K010 | Distillation side cuts from the production of acetaldehyde from ethylene | (T) | | K011 | Bottom stream from the wastewater stripper in the production of acrylonitrile | (R,T) | | K013 | Bottom stream from the acetonitrile column in the production of acrylonitrile | (R,T) | | K014 | Bottoms from the acetonitrile purification column in the production of acrylonitrile | (T) | | K015 | Still bottoms from the distillation of benzyl chloride | (T) | | K016 | Heavy ends or distillation residues from the production of carbon tetrachloride | (T) | | K017 | Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin | (T) | | K018 | Heavy ends from the fractionation column in ethyl chloride production | (T) | | K019 | Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production | (T) | | K020 | Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production | (T) | | K021 | Aqueous spent antimony catalyst waste from fluoromethanes production | (T) | | K022 | Distillation bottom tars from the production of phenol or acetone from cumene | (T) | | K023 | Distillation light ends from the production of phthalic anhydride from naphthalene | (T) | | K024 | Distillation bottoms from the production of phthalic anhydride from naphthalene | (T) | | K025 | Distillation bottoms from the production of nitrobenzene by the nitration of benzene | (T) | | K026 | Stripping still tails from the production of methy ethyl pyridines | (T) | | K027 | Centrifuge and distillation residues from toluene diisocyanate production | (R,T) | | K028 | Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane | (T) | | K029 | Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane | (T) | | K030 | Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene | (T) | | K083 | Distillation bottoms from aniline production | (T) | | K085 | Distillation or fractionation column bottoms from the production of chlorobenzenes | (T) | | K093 | Distillation light ends from the production of phthalic anhydride from orthoxylene | (T) | | K094 | Distillation bottoms from the production of phthalic anhydride from orthoxylene | (T) | | K095 | Distillation bottoms from the production of 1,1,1-trichloroethane | (T) | | K096 | Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane | (T) | | K103 | Process residues from aniline extraction from the production of aniline | (T) | | K104 | Combined wastewater streams generated from nitrobenzene or aniline production | (T) | | K105 | Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes | (T) | | K107 | Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH from carboxylic acid hydrazides | (C,T) | | K108 | Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides | (I,T) | | K109 | Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides | (T) | | K110 | Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides | (T) | | K111 | Product washwaters from the production of dinitrotoluene via nitration of toluene | (C,T) | | K112 | Reaction by-product water from the drying column in the production of toluenediaminevia hydrogenation of dinitrotoluene | (T) | | K113 | Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene | (T) | | K114 | Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene | (T) | | K115 | Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene | (T) | | K116 | Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine | (T) | | K117 | Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene | (T) | | K118 | Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene | (T) | | K136 | Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene | (T) | | K149 | Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. (This waste does not include still bottoms from the distillation of benzyl chloride.) | (T) | | K150 | Organic residuals, excluding spent carbon absorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups | (T) | | K151 | Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups | (T) | | K156 | Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.) | (T) | | K157 | Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated fromthe manufacture of 3-iodo-2-propynyl n-butylcarbamate.) | (T) | | K158 | Bag house dusts and filter or separation solids from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.) | (T) | | K159 | Organics from the treatment of thiocarbamate wastes | (T) | | K161 | Purification solids (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and dithiocarbamate acids salts. (This listing does not include K125 or K126.) | (R,T) | | K174 | Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer (including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater), unless the sludges meet the following conditions: (a) The sludges are disposed of in a hazardous waste or non-hazardous waste landfill licensed or permitted by the state or federal government. (b) The sludges are not otherwise placed on the land prior to final disposal. (c) The generator maintains documentation demonstrating that the waste was either disposed of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the regulations adopted under Chapter 3734. of the Revised Code or RCRA subtitle C, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, shall demonstrate that the respondents meet the terms of the exclusion provided in this description. In doing so, the respondents shall provide appropriate documentation (e.g., contracts between the generator and the landfill owner or operator, invoices documenting delivery of waste to landfill, etc.) that the terms of the exclusion were met. | (T) | | K175 | Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process | (T) | | K181 | Nonwastewaters from the production of dyes or pigments (including nonwastewaters commingled at the point of generation with nonwastewaters from other processes) that, at the point of generation, contain mass loadings of any of the constituents identified in paragraph (C) of this rule that are equal to or greater than the corresponding paragraph (C) levels, as determined on a calendar year basis. These wastes will not be hazardous if the nonwastewaters are: (a) disposed in a RCRA subtitle D landfill unit subject to the design criteria in 40 CFR 258.40, (b) disposed in a RCRA subtitle C landfill unit subject to either rule 3745-57-03 or rule 3745-68-05 of the Administrative Code, (c) disposed in other RCRA subtitle D landfill units that meet the design criteria in 40 CFR 258.40, rule 3745-57-03 of the Administrative Code, or rule 3745-68-05 of the Administrative Code, or (d) treated in a combustion unit that is permitted under RCRA subtitle C, or an onsite combustion unit that is permitted under the Clean Air Act. For the purposes of this listing, "dyes or pigments production" is defined in paragraph (B)(1) of this rule. Paragraph (D) of this rule describe the process for demonstrating that a facility's nonwastewaters are not K181. (This listing does not apply to wastes that are otherwise identified as hazardous under rules 3745-51-21 to 3745-51-24 of the Administrative Code and rules 3745-51-31 to 3745-51-33 of the Administrative Code at the point of generation. Also, the listing does not apply to wastes generated before any annual mass loading limit is met.) | (T) | | Inorganic chemicals: | | K071 | Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used | (T) | | K073 | Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production | (T) | | K106 | Wastewater treatment sludge from the mercury cell process in chlorine production | (T) | | K176 | Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (e.g., antimony metal or crude antimony oxide) | (E) | | K177 | Slag from the production of antimony oxide that is accumulated speculatively or disposed, including slag from the production of intermediates (e.g., antimony metal or crude antimony oxide) | (T) | | K178 | Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process | (T) | | Pesticides: | | K031 | By-product salts generated in the production of monosodium acid methanearsonate (MSMA) and cacodylic acid | (T) | | K032 | Wastewater treatment sludge from the production of chlordane | (T) | | K033 | Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane | (T) | | K034 | Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane | (T) | | K035 | Wastewater treatment sludges generated in the production of creosote | (T) | | K036 | Still bottoms from toluene reclamation distillation in the production of disulfoton | (T) | | K037 | Wastewater treatment sludges from the production of disulfoton | (T) | | K038 | Wastewater from the washing and stripping of phorate production | (T) | | K039 | Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate | (T) | | K040 | Wastewater treatment sludge from the production of phorate | (T) | | K041 | Wastewater treatment sludge from the production of toxaphene | (T) | | K042 | Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T | (T) | | K043 | 2,6-Dichlorophenol waste from the production of 2,4-D | (T) | | K097 | Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane | (T) | | K098 | Untreated process wastewater from the production of toxaphene | (T) | | K099 | Untreated wastewater from the production of 2,4-D | (T) | | K123 | Process wastewater (including supernates, filtrates, and washwaters) from the production of ethylenebisdithiocarbamic acid and its salt | (T) | | K124 | Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts | (C,T) | | K125 | Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts | (T) | | K126 | Baghouse dust and floor sweepings in milling and packaging operations from the productionor formulation of ethylenebisdithiocarbamic acid and its salts | (T) | | K131 | Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide | (C,T) | | K132 | Spent absorbent and wastewater separator solids from the production of methyl bromide | (T) | | Explosives: | | K044 | Wastewater treatment sludges from the manufacturing and processing of explosives | (R) | | K045 | Spent carbon from the treatment of wastewater containing explosives | (R) | | K046 | Wastewater treatment sludges from the manufacturing, formulation, and loading of lead-based initiating compounds | (T) | | K047 | Pink or red water from trinitrotoluene (TNT) operations | (R) | | Petroleum refining: | | K048 | Dissolved air flotation (DAF) float from the petroleum refining industry | (T) | | K049 | Slop oil emulsion solids from the petroleum refining industry | (T) | | K050 | Heat exchanger bundle cleaning sludge from the petroleum refining industry | (T) | | K051 | API separator sludge from the petroleum refining industry | (T) | | K052 | Tank bottoms (leaded) from the petroleum refining industry | (T) | | K169 | Crude oil storage tank sediment from petroleum refining operations | (T) | | K170 | Clarified slurry oil tank sediment or in-line filter or separation solids from petroleum refining operations | (T) | | K171 | Spent hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (This listing does not include inert support media.) | (I,T) | | K172 | Spent hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. (This listing does not include inert support media.) | (I,T) | | Iron and steel: | | K061 | Emission control dust or sludge from the primary production of steel in electric furnaces | (T) | | K062 | Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332) | (C,T) | | Primary aluminum: | | K088 | Spent potliners from primary aluminum reduction | (T) | | Secondary lead: | | K069 | Emission control dust or sludge from secondary lead smelting, except for sludge generated from secondary acid scrubber systems | (T) | | K100 | Waste leaching solution from acid leaching of emission control dust or sludge from secondary lead smelting | (T) | | Veterinary pharmaceuticals: | | K084 | Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic ororgano-arsenic compounds | (T) | | K101 | Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds | (T) | | K102 | Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds | (T) | | Ink formulation: | | K086 | Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead | (T) | | Coking: | | K060 | Ammonia still lime sludge from coking operations | (T) | | K087 | Decanter tank tar sludge from coking operations | (T) | | K141 | Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. [This listing does not include K087 (decanter tank tar sludges from coking operations).] | (T) | | K142 | Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal | (T) | | K143 | Process residues from the recovery of light oil, including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal | (T) | | K144 | Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal | (T) | | K145 | Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal | (T) | | K147 | Tar storage tank residues from coal tar refining | (T) | | K148 | Residuesfrom coal tar distillation, including, but not limited to, still bottoms | (T) |
(B) Listing specific definitions: (1) For the purposes of the K181 listing, "dyes or pigments production" is defined to include manufacture of the following product classes: dyes, pigments, or "Food and Drug Administration" (FDA) certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes or pigments, are not included in the K181 listing. (2) [Reserved.] (C) K181 listing levels. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met. | Constituent | Chemical abstracts number | Mass levels (kilograms per year) | | Aniline | 62-53-3 | 9,300 | | o-Anisidine | 90-04-0 | 110 | | 4-Chloroaniline | 106-47-8 | 4,800 | | p-Cresidine | 120-71-8 | 660 | | 2,4-Dimethylaniline | 95-68-1 | 100 | | 1,2-Phenylenediamine | 95-54-5 | 710 | | 1,3-Phenylenediamine | 108-45-2 | 1,200 |
(D) Procedures for demonstrating that dyes or pigment nonwastewaters are not K181. The procedures described in paragraphs (D)(1) , (D)(3), and (D)(5) of this rule establish when nonwastewaters from the production of dyes or pigments would not be hazardous [these procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in paragraph (A) of this rule]. If the nonwastewaters are disposed in landfill units or treated in combustion units as described in paragraph (A) of this rule, then the nonwastewaters are not hazardous. In order to demonstrate that the generator is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator shall maintain documentation as described in paragraph (D)(4) of this rule. (1) Determination based on no K181 constituents. Generators that have knowledge (e.g., knowledge of constituents in wastes based on prior sampling and analysis data or information about raw materials used, production processes used, and reaction and degradation products formed) that the generator's wastes contain none of the K181 constituents [see paragraph (C) of this rule] can use the generator's knowledge to determine that the generator's waste is not K181. The generator shall document the basis for all such determinations on an annual basis and keep each annual documentation for three years. (2) Determination for generated quantities of one thousand metric tons per year or less for wastes that contain K181 constituents. If the total annual quantity of dyes or pigment nonwastewaters generated is one thousand metric tons or less, the generator may use knowledge of the wastes (e.g., knowledge of constituents in wastes based on prior analytical data or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels in paragraph (C) of this rule. To make this determination, the generator shall: (a) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than one thousand metric tons. (b) Track the actual quantity of nonwastewaters generated from January first to December thirty-first of each year. If, at any time within the year, the actual waste quantity exceeds one thousand metric tons, the generator shall comply with paragraph (D)(3) of this rule for the remainder of the year. (c) Keep a running total of the K181 constituent mass loadings over the course of the calendar year. (d) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made: (i) The quantity of dyes or pigment nonwastewaters generated. (ii) The relevant process information used. (iii) The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year. (3) Determination for generated quantities greater than one thousand metric tons per year for wastes that contain K181 constituents. If the total annual quantity of dyes or pigment nonwastewaters generated is greater than one thousand metric tons, the generator shall perform all of the steps described in paragraphs (D)(3)(a) to (D)(3)(k) of this rule in order to make a determination that the generator's waste is not K181. (a) Determine which K181 constituents [see paragraph (C) of this rule] are reasonably expected to be present in the wastes based on knowledge of the wastes (e.g., based on prior sampling and analysis data or information about raw materials used, production processes used, and reaction and degradation products formed). (b) If 1,2-phenylenediamine is present in the wastes, the generator may use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator shall comply with the procedures for using knowledge described in paragraph (D)(2) of this rule and keep the records described in paragraph (D)(2)(d) of this rule. For determinations based on sampling and analysis, the generator shall comply with the sampling and analysis and recordkeeping requirements described in paragraph (D)(4) of this rule. (c) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan shall include: (i) A discussion of the number of samples needed to characterize the wastes fully; (ii) The planned sample collection method to obtain representative waste samples; (iii) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes; and (iv) A detailed description of the test methods to be used, including sample preparation, cleanup (if necessary), and determinative methods. (d) Collect and analyze samples in accordance with the waste sampling and analysis plan. (i) The sampling and analysis shall be unbiased, precise, and representative of the wastes. (ii) The analytical measurements shall be sufficiently sensitive, accurate, and precise to support any claim that the constituent mass loadings are below the listing levels in paragraph (C) of this rule. (e) Record the analytical results. (f) Record the waste quantity represented by the sampling and analysis results. (g) Calculate constituent-specific mass loadings (product of concentrations and waste quantity). (h) Keep a running total of the K181 constituent mass loadings over the course of the calendar year. (i) Determine whether the mass of any of the K181 constituents listed in paragraph (C) of this rule generated between January first and December thirty-first of any year is below the K181 listing levels. (j) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made (i) The sampling and analysis plan. (ii) The sampling and analysis results (including quality assurance or quality control data). (iii) The quantity of dyes or pigment nonwastewaters generated. (iv) The calculations performed to determine annual mass loadings. (k) Nonhazardous waste determinations shall be conducted annually to verify that the wastes remain nonhazardous. (i) The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator may then use knowledge of the wastes to support subsequent annual determinations. (ii) The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels. (iii) If the annual testing requirements are suspended, the generator shall keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change shall be retained. (4) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition provided in the K181 listing description, the generator shall maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards provided in the listing description, or was treated in combustion units as specified in the listing description. (5) Waste holding and handling. During the interim period (that is, from the point of generation to completion of the hazardous waste determination), the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the "hazardous waste rules" (as defined in rule 3745-50-10 of the Administrative Code) during the interim period, the generator could be subject to an enforcement action for improper management. [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Last updated October 24, 2022 at 8:47 AM
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Rule 3745-51-33 | Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof.
Effective:
October 5, 2020
The following materials or items are hazardous wastes if and when the materials or items are discarded or intended to be discarded as described in paragraph (A)(2)(a) of rule 3745-51-02 of the Administrative Code, when the materials or items are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when the materials or items are otherwise applied to the land in lieu of the original intended use or when the materials or items are contained in products that are applied to the land in lieu of the original intended use, or when, in lieu of the original intended use, the materials or items are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel. (A) Any commercial chemical product, or manufacturing chemical intermediate, having the generic name listed in paragraph (E) or (F) of this rule.
(B) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if specifications are met, would have the generic name listed in paragraph (E) or (F) of this rule.
(C) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (E) or (F) of this rule, unless the container is "empty" as described in paragraph (B) of rule 3745-51-07 or rule 3745-266-507 of the Administrative Code.
[Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed, or being accumulated, stored, transported, or treated prior to such use, re-use, recycling, or reclamation, Ohio EPA considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate the container previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.] (D) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (E) or (F) of this rule, or any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if specifications are met, would have the generic name listed in paragraph (E) or (F) of this rule.
[Comment: As used in this rule, the phrase "commercial chemical products or manufacturing chemical intermediates having the generic name listed in ... " refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. That term does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (E) or (F) of this rule. Where a manufacturing process waste is deemed to be a hazardous waste because such waste contains a substance listed in paragraph (E) or (F) of this rule, such waste shall be listed in either rule 3745-51-31 or 3745-51-32 of the Administrative Code, or shall be identified as a hazardous waste by the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.]
(E) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (A) to (D) of this rule are identified as acute hazardous wastes (H).
[Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (toxicity), and R (reactivity). Absence of a letter indicates that the compound is listed only for acute toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by EPA hazardous waste number.] These wastes and their corresponding EPA hazardous waste numbers are: | EPA Hazardous Waste Number | CAS # | Substance | | P023 | 107-20-0 | Acetaldehyde, chloro- | | P002 | 591-08-2 | Acetamide, N-(aminothioxomethyl)- | | P057 | 640-19-7 | Acetamide, 2-fluoro- | | P058 | 62-74-8 | Acetic acid, fluoro-, sodium salt | | P002 | 591-08-2 | 1-Acetyl-2-thiourea | | P003 | 107-02-8 | Acrolein | | P070 | 116-06-3 | Aldicarb | | P203 | 1646-88-4 | Aldicarb sulfone | | P004 | 309-00-2 | Aldrin | | P005 | 107-18-6 | Allyl alcohol | | P006 | 20859-73-8 | Aluminum phosphide (R,T) | | P007 | 2763-96-4 | 5-(Aminomethyl)-3-isoxazolol | | P008 | 504-24-5 | 4-Aminopyridine | | P009 | 131-74-8 | Ammonium picrate (R) | | P119 | 7803-55-6 | Ammonium vanadate | | P099 | 506-61-6 | Argentate(1-), bis(cyano-C)-, potassium | | P010 | 7778-39-4 | Arsenic acid H3AsO4 | | P012 | 1327-53-3 | Arsenic oxide As2O3 | | P011 | 1303-28-2 | Arsenic oxide As2O5 | | P011 | 1303-28-2 | Arsenic pentoxide | | P012 | 1327-53-3 | Arsenic trioxide | | P038 | 692-42-2 | Arsine, diethyl- | | P036 | 696-28-6 | Arsonous dichloride, phenyl- | | P054 | 151-56-4 | Aziridine | | P067 | 75-55-8 | Aziridine, 2-methyl- | | P013 | 542-62-1 | Barium cyanide | | P024 | 106-47-8 | Benzenamine, 4-chloro- | | P077 | 100-01-6 | Benzenamine, 4-nitro- | | P028 | 100-44-7 | Benzene, (chloromethyl)- | | P042 | 51-43-4 | 1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)- | | P046 | 122-09-8 | Benzeneethanamine, alpha,alpha-dimethyl- | | P014 | 108-98-5 | Benzenethiol | | P127 | 1563-66-2 | 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate | | P188 | 57-64-7 | Benzoic acid, 2hydroxy-, compd. with 3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo [2,3-b]indol-5yl methylcarbamate ester (1:1) | | P001 | 81-81-2 * | 2H-1-Benzopyran-2-one, -hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts, when present at concentrations greater than 0.3 per cent | | P028 | 100-44-7 | Benzyl chloride | | P015 | 7440-41-7 | Beryllium powder | | P017 | 598-31-2 | Bromoacetone | | P018 | 357-57-3 | Brucine | | P045 | 39196-18-4 | 2-Butanone, 3,3-dimethyl-1-(methylthio)-, -[(methylamino)carbonyl] oxime | | P021 | 592-01-8 | Calcium cyanide | | P021 | 592-01-8 | Calcium cyanide Ca(CN)2 | | P189 | 55285-14-8 | Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7benzofuranyl ester | | P191 | 644-64-4 | Carbamic acid, dimethyl-, 1-[(dimethyl-amino) carbonyl]-5-methyl-1H-pyrazol-3yl ester | | P192 | 119-38-0 | Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester | | P190 | 1129-41-5 | Carbamic acid, methyl-, 3-methylphenyl ester | | P127 | 1563-66-2 | Carbofuran | | P022 | 75-15-0 | Carbon disulfide | | P095 | 75-44-5 | Carbonic dichloride | | P189 | 55285-14-8 | Carbosulfan | | P023 | 107-20-0 | Chloroacetaldehyde | | P024 | 106-47-8 | p-Chloroaniline | | P026 | 5344-82-1 | 1-(o-Chlorophenyl)thiourea | | P027 | 542-76-7 | 3-Chloropropionitrile | | P029 | 544-92-3 | Copper cyanide | | P029 | 544-92-3 | Copper cyanide Cu(CN) | | P202 | 64-00-6 | m-Cumenyl methylcarbamate | | P030 | ------- | Cyanides (soluble cyanide salts), not otherwise specified | | P031 | 460-19-5 | Cyanogen | | P033 | 506-77-4 | Cyanogen chloride | | P033 | 506-77-4 | Cyanogen chloride (CN)Cl | | P034 | 131-89-5 | 2-Cyclohexyl-4,6-dinitrophenol | | P016 | 542-88-1 | Dichloromethyl ether | | P036 | 696-28-6 | Dichlorophenylarsine | | P037 | 60-57-1 | Dieldrin | | P038 | 692-42-2 | Diethylarsine | | P041 | 311-45-5 | Diethyl-p-nitrophenyl phosphate | | P040 | 297-97-2 | O,O-Diethyl O-pyrazinyl phosphorothioate | | P043 | 55-91-4 | Diisopropylfluorophosphate (DFP) | | P004 | 309-00-2 | 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)- | | P060 | 465-73-6 | 1,4,5,8-Dimethanonaphthalene,1,2,3,4,10,10-hexa-chloro1, 4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)- | | P037 | 60-57-1 | 2,7:3,6-Dimethanonaphth [2,3-b]oxirene,3,4,5,6,9,9- hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta,7aalpha)- | | P051 | 72-20-8 * | 2,7:3,6-Dimethanonaphth [2,3-b]oxirene,3,4,5,6,9,9- hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta, 2abeta,3alpha,6alpha,6abeta,7beta,7aalpha)-, and metabolites | | P044 | 60-51-5 | Dimethoate | | P046 | 122-09-8 | alpha,alpha-Dimethylphenethylamine | | P191 | 644-64-4 | Dimetilan | | P047 | 534-52-1 * | 4,6-Dinitro-o-cresol, and salts | | P048 | 51-28-5 | 2,4-Dinitrophenol | | P020 | 88-85-7 | Dinoseb | | P085 | 152-16-9 | Diphosphoramide, octamethyl- | | P111 | 107-49-3 | Diphosphoric acid, tetraethyl ester | | P039 | 298-04-4 | Disulfoton | | P049 | 541-53-7 | Dithiobiuret | | P185 | 26419-73-8 | 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime | | P050 | 115-29-7 | Endosulfan | | P088 | 145-73-3 | Endothall | | P051 | 72-20-8 | Endrin | | P051 | 72-20-8 | Endrin, and metabolites | | P042 | 51-43-4 | Epinephrine | | P031 | 460-19-5 | Ethanedinitrile | | P194 | 23135-22-0 | Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester | | P066 | 16752-77-5 | Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester | | P101 | 107-12-0 | Ethyl cyanide | | P054 | 151-56-4 | Ethyleneimine | | P097 | 52-85-7 | Famphur | | P056 | 7782-41-4 | Fluorine | | P057 | 640-19-7 | Fluoroacetamide | | P058 | 62-74-8 | Fluoroacetic acid, sodium salt | | P198 | 23422-53-9 | Formetanate hydrochloride | | P197 | 17702-57-7 | Formparanate | | P065 | 628-86-4 | Fulminic acid, mercury(2+) salt (R,T) | | P059 | 76-44-8 | Heptachlor | | P062 | 757-58-4 | Hexaethyl tetraphosphate | | P116 | 79-19-6 | Hydrazinecarbothioamide | | P068 | 60-34-4 | Hydrazine, methyl- | | P063 | 74-90-8 | Hydrocyanic acid | | P063 | 74-90-8 | Hydrogen cyanide | | P096 | 7803-51-2 | Hydrogen phosphide | | P060 | 465-73-6 | Isodrin | | P192 | 119-38-0 | Isolan | | P202 | 64-00-6 | 3-Isopropylphenyl N-methylcarbamate | | P007 | 2763-96-4 | 3(2H)-Isoxazolone, 5-(aminomethyl)- | | P196 | 15339-36-3 | Manganese, bis(dimethylcarbamodithioata-S,S')-, | | P196 | 15339-36-3 | Manganese, dimethyldithiocarbamate | | P092 | 62-38-4 | Mercury, (acetato-O)phenyl- | | P065 | 628-86-4 | Mercury fulminate (R,T) | | P082 | 62-75-9 | Methanamine, N-methyl-N-nitroso- | | P064 | 624-80-9 | Methane, isocyanato- | | P016 | 542-88-1 | Methane, oxybis[chloro- | | P112 | 509-14-8 | Methane, tetranitro- (R) | | P118 | 75-70-7 | Methanethiol, trichloro- | | P198 | 23422-53-9 | Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)- carbonyl]oxy]phenyl]-, monohydrochloride | | P197 | 17702-57-7 | Methanimidamide, N-dimethyl-N'- [2-methyl-4-[[(methylamino) carbonyl]oxy]phenyl]- | | P199 | 2032-65-7 | Methiocarb | | P050 | 115-29-7 | 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide | | P059 | 76-44-8 | 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro- | | P066 | 16752-77-5 | Methomyl | | P068 | 60-34-4 | Methyl hydrazine | | P064 | 624-83-9 | Methyl isocyanate | | P069 | 75-86-5 | 2-Methyllactonitrile | | P071 | 298-00-0 | Methyl parathion | | P190 | 1129-41-5 | Metolcarb | | P128 | 315-18-4 | Mexacarbate | | P072 | 86-88-4 | alpha-Naphthylthiourea | | P073 | 13463-39-3 | Nickel carbonyl | | P073 | 13463-39-3 | Nickel carbonyl Ni(CO)4, (T-4)- | | P074 | 557-19-7 | Nickel cyanide | | P074 | 557-19-7 | Nickel cyanide Ni(CN)2 | | P075 | 54-11-5 * | Nicotine, and salts (this listing does not include patches, gums and lozenges that are "FDA-approved" over-the-counter nicotine replacement therapies) | | P076 | 10102-43-9 | Nitric oxide | | P077 | 100-01-6 | p-Nitroaniline | | P078 | 10102-44-0 | Nitrogen dioxide | | P076 | 100-01-6 | Nitrogen oxide NO | | P078 | 10102-44-0 | Nitrogen oxide NO2 | | P081 | 55-63-0 | Nitroglycerine (R) | | P082 | 62-75-9 | N-Nitrosodimethylamine | | P084 | 4549-40-0 | N-Nitrosomethylvinylamine | | P085 | 152-16-9 | Octamethylpyrophosphoramide | | P087 | 20816-12-0 | Osmium oxide OsO4, (T-4)- | | P087 | 20816-12-0 | Osmium tetroxide | | P088 | 145-73-3 | 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid | | P194 | 23135-22-0 | Oxamyl | | P089 | 56-38-2 | Parathion | | P034 | 131-89-5 | Phenol, 2-cyclohexyl-4,6-dinitro- | | P128 | 315-18-4 | Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester) | | P199 | 2032-65-7 | Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate | | P048 | 51-28-5 | Phenol, 2,4-dinitro- | | P047 | 534-52-1 * | Phenol, 2-methyl-4,6-dinitro-, and salts | | P201 | 2631-37-0 | Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate | | P202 | 64-00-6 | Phenol, 3-(1-methylethyl)-, methyl carbamate | | P020 | 88-85-7 | Phenol, 2-(1-methylpropyl)-4,6-dinitro- | | P009 | 131-74-8 | Phenol, 2,4,6-trinitro-, ammonium salt (R) | | P092 | 62-38-4 | Phenylmercury acetate | | P093 | 103-85-5 | Phenylthiourea | | P204 | 57-47-6 | Physostigmine | | P188 | 57-64-7 | Physostigmine salicylate | | P094 | 298-02-2 | Phorate | | P095 | 75-44-5 | Phosgene | | P096 | 7803-51-2 | Phosphine | | P041 | 311-45-5 | Phosphoric acid, diethyl 4-nitrophenyl ester | | P039 | 298-04-4 | Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester | | P094 | 298-02-2 | Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester | | P044 | 60-51-5 | Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester | | P043 | 55-91-4 | Phosphorofluoridic acid, bis(1-methylethyl) ester | | P089 | 56-38-2 | Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester | | P040 | 297-97-2 | Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester | | P097 | 52-85-7 | Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester | | P071 | 298-00-0 | Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester | | P110 | 78-00-2 | Plumbane, tetraethyl- | | P098 | 151-50-8 | Potassium cyanide | | P098 | 151-50-8 | Potassium cyanide K(CN) | | P099 | 506-61-6 | Potassium silver cyanide | | P201 | 2631-37-0 | Promecarb | | P203 | 1646-88-4 | Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime | | P070 | 116-06-3 | Propanal, 2-methyl-2-(methylthio)-, -[(methylamino)carbonyl]oxime | | P101 | 107-12-0 | Propanenitrile | | P027 | 542-76-7 | Propanenitrile, 3-chloro- | | P069 | 75-86-5 | Propanenitrile, 2-hydroxy-2-methyl- | | P081 | 55-63-0 | 1,2,3-Propanetriol, trinitrate (R) | | P017 | 598-31-2 | 2-Propanone, 1-bromo- | | P102 | 107-19-7 | Propargyl alcohol | | P003 | 107-02-8 | 2-Propenal | | P005 | 107-18-6 | 2-Propen-1-ol | | P067 | 75-55-8 | 1,2-Propylenimine | | P102 | 107-19-7 | 2-Propyn-1-ol | | P008 | 504-24-5 | 4-Pyridinamine | | P075 | 54-11-5 * | Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, and salts (this listing does not include patches, gums and lozenges that are "FDA-approved" over-the-counter nicotine replacement therapies) | | P204 | 57-47-6 | Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro- 1,3a,8-thrimethyl-, methylcarbamate (ester), (3aS-cis)- | | P114 | 12039-52-0 | Selenious acid, dithallium(1+) salt | | P103 | 630-10-4 | Selenourea | | P104 | 506-64-9 | Silver cyanide | | P104 | 506-64-9 | Silver cyanide Ag(CN) | | P105 | 26628-22-8 | Sodium azide | | P106 | 143-33-9 | Sodium cyanide | | P106 | 143-33-9 | Sodium cyanide Na(CN) | | P108 | 57-24-9 * | Strychnidin-10-one, and salts | | P018 | 357-57-3 | Strychnidin-10-one, 2,3-dimethoxy- | | P108 | 57-24-9 * | Strychnine, and salts | | P115 | 7446-18-6 | Sulfuric acid, dithallium(1+) salt | | P109 | 3689-24-5 | Tetraethyldithiopyrophosphate | | P110 | 78-00-2 | Tetraethyl lead | | P111 | 107-49-3 | Tetraethyl pyrophosphate | | P112 | 509-14-8 | Tetranitromethane (R) | | P062 | 757-58-4 | Tetraphosphoric acid, hexaethyl ester | | P113 | 1314-32-5 | Thallic oxide | | P113 | 1314-32-5 | Thallium oxide Tl2O3 | | P114 | 12039-52-0 | Thallium(I) selenite | | P115 | 7446-18-6 | Thallium(I) sulfate | | P109 | 3689-24-5 | Thiodiphosphoric acid, tetraethyl ester | | P045 | 39196-18-4 | Thiofanox | | P049 | 541-53-7 | Thioimidodicarbonic diamide [(H2N)C(S)]2NH | | P014 | 108-98-5 | Thiophenol | | P116 | 79-19-6 | Thiosemicarbazide | | P026 | 5344-82-1 | Thiourea, (2-chlorophenyl)- | | P072 | 86-88-4 | Thiourea, 1-naphthalenyl- | | P093 | 103-85-5 | Thiourea, phenyl- | | P185 | 26419-73-8 | Tirpate | | P123 | 8001-35-2 | Toxaphene | | P118 | 75-70-7 | Trichloromethanethiol | | P119 | 7803-55-6 | Vanadic acid, ammonium salt | | P120 | 1314-62-1 | Vanadium oxide V2O5 | | P120 | 1314-62-1 | Vanadium pentoxide | | P084 | 4549-40-0 | Vinylamine, N-methyl-N-nitroso- | | P001 | 81-81-2 * | Warfarin, and salts, when present at concentrations greater than 0.3 per cent | | P205 | 137-30-4 | Zinc, bis(dimethylcarbamodithioato-S,S')- | | P121 | 557-21-1 | Zinc cyanide | | P121 | 557-21-1 | Zinc cyanide Zn(CN)2 | | P122 | 1314-84-7 | Zinc phosphide Zn3P2, when present at concentrations greater than 10 per cent (R,T) | | P205 | 137-30-4 | Ziram | | * CAS number given for parent compound only. |
| P001 | 81-81-2 * | 2H-1-Benzopyran-2-one, -hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts, when present at concentrations greater than 0.3 per cent | | P001 | 81-81-2 * | Warfarin, and salts, when present at concentrations greater than 0.3 per cent | | P002 | 591-08-2 | Acetamide, N-(aminothioxomethyl)- | | P002 | 591-08-2 | 1-Acetyl-2-thiourea | | P003 | 107-02-8 | Acrolein | | P003 | 107-02-8 | 2-Propenal | | P004 | 309-00-2 | Aldrin | | P004 | 309-00-2 | 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)- | | P005 | 107-18-6 | Allyl alcohol | | P005 | 107-18-6 | 2-Propen-1-ol | | P006 | 20859-73-8 | Aluminum phosphide (R,T) | | P007 | 2763-96-4 | 5-(Aminomethyl)-3-isoxazolol | | P007 | 2763-96-4 | 3(2H)-Isoxazolone, 5-(aminomethyl)- | | P008 | 504-24-5 | 4-Aminopyridine | | P008 | 504-24-5 | 4-Pyridinamine | | P009 | 131-74-8 | Ammonium picrate (R) | | P009 | 131-74-8 | Phenol, 2,4,6-trinitro-, ammonium salt (R) | | P010 | 7778-39-4 | Arsenic acid H3AsO4 | | P011 | 1303-28-2 | Arsenic oxide As2O5 | | P011 | 1303-28-2 | Arsenic pentoxide | | P012 | 1327-53-3 | Arsenic oxide As2O3 | | P012 | 1327-53-3 | Arsenic trioxide | | P013 | 542-62-1 | Barium cyanide | | P014 | 108-98-5 | Benzenethiol | | P014 | 108-98-5 | Thiophenol | | P015 | 7440-41-7 | Beryllium powder | | P016 | 542-88-1 | Dichloromethyl ether | | P016 | 542-88-1 | Methane, oxybis[chloro- | | P017 | 598-31-2 | Bromoacetone | | P017 | 598-31-2 | 2-Propanone, 1-bromo- | | P018 | 357-57-3 | Brucine | | P018 | 357-57-3 | Strychnidin-10-one, 2,3-dimethoxy- | | P020 | 88-85-7 | Dinoseb | | P020 | 88-85-7 | Phenol, 2-(1-methylpropyl)-4,6-dinitro- | | P021 | 592-01-8 | Calcium cyanide | | P021 | 592-01-8 | Calcium cyanide Ca(CN)2 | | P022 | 75-15-0 | Carbon disulfide | | P023 | 107-20-0 | Acetaldehyde, chloro- | | P023 | 107-20-0 | Chloroacetaldehyde | | P024 | 106-47-8 | Benzenamine, 4-chloro- | | P024 | 106-47-8 | p-Chloroaniline | | P026 | 5344-82-1 | 1-(o-Chlorophenyl)thiourea | | P026 | 5344-82-1 | Thiourea, (2-chlorophenyl)- | | P027 | 542-76-7 | 3-Chloropropionitrile | | P027 | 542-76-7 | Propanenitrile, 3-chloro- | | P028 | 100-44-7 | Benzene, (chloromethyl)- | | P028 | 100-44-7 | Benzyl chloride | | P029 | 544-92-3 | Copper cyanide | | P029 | 544-92-3 | Copper cyanide Cu(CN) | | P030 | ---- | Cyanides (soluble cyanide salts), not otherwise specified | | P031 | 460-19-5 | Cyanogen | | P031 | 460-19-5 | Ethanedinitrile | | P033 | 506-77-4 | Cyanogen chloride | | P033 | 506-77-4 | Cyanogen chloride (CN)Cl | | P034 | 131-89-5 | 2-Cyclohexyl-4,6-dinitrophenol | | P034 | 131-89-5 | Phenol, 2-cyclohexyl-4,6-dinitro- | | P036 | 696-57-1 | Arsonous dichloride, phenyl- | | P036 | 696-57-1 | Dichlorophenylarsine | | P037 | 60-57-1 | Dieldrin | | P037 | 60-57-1 | 2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9- hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,(1aalpha,2beta, 2aalpha,3beta,6beta,6aalpha,7beta,7aalpha)- | | P038 | 692-42-2 | Arsine, diethyl- | | P038 | 692-42-2 | Diethylarsine | | P039 | 298-04-4 | Disulfoton | | P039 | 298-04-4 | Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester | | P040 | 297-97-2 | O,O-Diethyl O-pyrazinyl phosphorothioate | | P040 | 297-97-2 | Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester | | P041 | 311-45-5 | Diethyl-p-nitrophenyl phosphate | | P041 | 311-45-5 | Phosphoric acid, diethyl 4-nitrophenyl ester | | P042 | 51-43-4 | 1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)- | | P042 | 51-43-4 | Epinephrine | | P043 | 55-91-4 | Diisopropylfluorophosphate (DFP) | | P043 | 55-91-4 | Phosphorofluoridic acid, bis(1-methylethyl) ester | | P044 | 60-51-5 | Dimethoate | | P044 | 60-51-5 | Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester | | P045 | 39196-18-4 | 2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[(methylamino)carbonyl] oxime | | P045 | 39196-18-4 | Thiofanox | | P046 | 122-09-8 | Benzeneethanamine, alpha,alpha-dimethyl- | | P046 | 122-09-8 | alpha,alpha-Dimethylphenethylamine | | P047 | 534-52-1 * | 4,6-Dinitro-o-cresol, and salts | | P047 | 534-52-1 * | Phenol, 2-methyl-4,6-dinitro-, and salts | | P048 | 51-28-5 | 2,4-Dinitrophenol | | P048 | 51-28-5 | Phenol, 2,4-dinitro- | | P049 | 541-53-7 | Dithiobiuret | | P049 | 541-53-7 | Thioimidodicarbonic diamide [(H2N)C(S)]2NH | | P050 | 115-29-7 | Endosulfan | | P050 | 115-29-7 | 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide | | P051 | 72-20-8 * | 2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta, 3alpha,6alpha,6abeta,7beta,7aalpha)-, and metabolites | | P051 | 72-20-8 | Endrin | | P051 | 72-20-8 | Endrin, and metabolites | | P054 | 151-56-4 | Aziridine | | P054 | 151-56-4 | Ethyleneimine | | P056 | 7782-41-4 | Fluorine | | P057 | 640-19-7 | Acetamide, 2-fluoro- | | P057 | 640-19-7 | Fluoroacetamide | | P058 | 62-74-8 | Acetic acid, fluoro-, sodium salt | | P058 | 62-74-8 | Fluoroacetic acid, sodium salt | | P059 | 76-44-8 | Heptachlor | | P059 | 76-44-8 | 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro- | | P060 | 465-73-6 | 1,4,5,8-Dimethanonaphthalene,1,2,3,4,10,10- hexa-chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)- | | P060 | 465-73-6 | Isodrin | | P062 | 757-58-4 | Hexaethyl tetraphosphate | | P062 | 757-58-4 | Tetraphosphoric acid, hexaethyl ester | | P063 | 74-90-8 | Hydrocyanic acid | | P063 | 74-90-8 | Hydrogen cyanide | | P064 | 624-83-9 | Methane, isocyanato- | | P064 | 624-83-9 | Methyl isocyanate | | P065 | 628-86-4 | Fulminic acid, mercury(2+) salt (R,T) | | P065 | 628-86-4 | Mercury fulminate (R,T) | | P066 | 16752-77-5 | Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester | | P066 | 16752-77-5 | Methomyl | | P067 | 75-55-8 | Aziridine, 2-methyl- | | P067 | 75-55-8 | 1,2-Propylenimine | | P068 | 60-34-4 | Hydrazine, methyl- | | P068 | 60-34-4 | Methyl hydrazine | | P069 | 75-86-5 | 2-Methyllactonitrile | | P069 | 75-86-5 | Propanenitrile, 2-hydroxy-2-methyl- | | P070 | 116-06-3 | Aldicarb | | P070 | 116-06-3 | Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime | | P071 | 298-00-0 | Methyl parathion | | P071 | 298-00-0 | Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester | | P072 | 86-88-4 | alpha-Naphthylthiourea | | P072 | 86-88-4 | Thiourea, 1-naphthalenyl- | | P073 | 13463-39-3 | Nickel carbonyl | | P073 | 13463-39-3 | Nickel carbonyl Ni(CO)4, (T-4)- | | P074 | 57-19-7 | Nickel cyanide | | P074 | 57-19-7 | Nickel cyanide Ni(CN)2 | | P075 | 54-11-5 * | Nicotine, and salts (this listing does not include patches, gums and lozenges that are "FDA-approved" over-the-counter nicotine replacement therapies) | | P075 | 54-11-5 * | Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, and salts (this listing does not include patches, gums and lozenges that are "FDA-approved" over-the-counter nicotine replacement therapies) | | P076 | 10102-43-9 | Nitric oxide | | P076 | 10102-43-9 | Nitrogen oxide NO | | P077 | 100-01-6 | Benzenamine, 4-nitro- | | P077 | 100-01-6 | p-Nitroaniline | | P078 | 10102-44-0 | Nitrogen dioxide | | P078 | 10102-44-0 | Nitrogen oxide NO2 | | P081 | 55-63-0 | Nitroglycerine (R) | | P081 | 55-63-0 | 1,2,3-Propanetriol, trinitrate (R) | | P082 | 62-75-9 | Methanamine, N-methyl-N-nitroso- | | P082 | 62-75-9 | N-Nitrosodimethylamine | | P084 | 4549-40-0 | N-Nitrosomethylvinylamine | | P084 | 4549-40-0 | Vinylamine, N-methyl-N-nitroso- | | P085 | 152-16-9 | Diphosphoramide, octamethyl- | | P085 | 152-16-9 | Octamethylpyrophosphoramide | | P087 | 20816-12-0 | Osmium oxide OsO4, (T-4)- | | P087 | 20816-12-0 | Osmium tetroxide | | P088 | 145-73-3 | Endothall | | P088 | 145-73-3 | 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid | | P089 | 56-38-2 | Parathion | | P089 | 56-38-2 | Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester | | P092 | 62-38-4 | Mercury, (acetato-O)phenyl | | P092 | 62-38-4 | Phenylmercury acetate | | P093 | 103-85-5 | Phenylthiourea | | P093 | 103-85-5 | Thiourea, phenyl- | | P094 | 298-02-2 | Phorate | | P094 | 298-02-2 | Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester | | P095 | 75-44-5 | Carbonic dichloride | | P095 | 75-44-5 | Phosgene | | P096 | 7803-51-2 | Hydrogen phosphide | | P096 | 7803-51-2 | Phosphine | | P097 | 52-85-7 | Famphur | | P097 | 52-85-7 | Phosphorothioic acid, O-[4-[(dimethylamino) sulfonyl]phenyl] O,O-dimethyl ester | | P098 | 151-50-8 | Potassium cyanide | | P098 | 151-50-8 | Potassium cyanide K(CN) | | P099 | 506-61-6 | Argentate(1-), bis(cyano-C)-, potassium | | P099 | 506-61-6 | Potassium silver cyanide | | P101 | 107-12-0 | Ethyl cyanide | | P101 | 107-12-0 | Propanenitrile | | P102 | 107-19-7 | Propargyl alcohol | | P102 | 107-19-7 | 2-Propyn-1-ol | | P103 | 630-10-4 | Selenourea | | P104 | 506-64-9 | Silver cyanide | | P104 | 506-64-9 | Silver cyanide Ag(CN) | | P105 | 26628-22-8 | Sodium azide | | P106 | 143-33-9 | Sodium cyanide | | P106 | 143-33-9 | Sodium cyanide Na(CN) | | P108 | 157-24-9 * | Strychnidin-10-one, and salts | | P108 | 157-24-9 * | Strychnine, and salts | | P109 | 3689-24-5 | Tetraethyldithiopyrophosphate | | P109 | 3689-24-5 | Thiodiphosphoric acid, tetraethyl ester | | P110 | 78-00-2 | Plumbane, tetraethyl- | | P110 | 78-00-2 | Tetraethyl lead | | P111 | 107-49-3 | Diphosphoric acid, tetraethyl ester | | P111 | 107-49-3 | Tetraethyl pyrophosphate | | P112 | 509-14-8 | Methane, tetranitro- (R) | | P112 | 509-14-8 | Tetranitromethane (R) | | P113 | 1314-32-5 | Thallic oxide | | P113 | 1314-32-5 | Thallium oxide Tl2O3 | | P114 | 12039-52-0 | Selenious acid, dithallium(1+) salt | | P114 | 12039-52-0 | Thallium(I) selenite | | P115 | 7446-18-6 | Sulfuric acid, dithallium(1+) salt | | P115 | 7446-18-6 | Thallium(I) sulfate | | P116 | 79-19-6 | Hydrazinecarbothioamide | | P116 | 79-19-6 | Thiosemicarbazide | | P118 | 75-70-7 | Methanethiol, trichloro- | | P118 | 75-70-7 | Trichloromethanethiol | | P119 | 7803-55-6 | Ammonium vanadate | | P119 | 7803-55-6 | Vanadic acid, ammonium salt | | P120 | 1314-62-1 | Vanadium oxide V2O5 | | P120 | 1314-62-1 | Vanadium pentoxide | | P121 | 557-21-1 | Zinc cyanide | | P121 | 557-21-1 | Zinc cyanide Zn(CN)2 | | P122 | 1314-84-7 | Zinc phosphide Zn3P2, when present at concentrations greater than 10 per cent (R, T) | | P123 | 8001-35-2 | Toxaphene | | P127 | 1563-66-2 | 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate | | P127 | 1563-66-2 | Carbofuran | | P128 | 315-18-4 | Mexacarbate | | P128 | 315-18-4 | Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester) | | P185 | 26419-73-8 | 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime | | P185 | 26419-73-8 | Tirpate | | P188 | 57-64-7 | Benzoic acid, 2hydroxy-, compd. With (3aS-cis)- 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo [2,3-b]indol-5yl methylcarbamate ester (1:1) | | P188 | 57-64-7 | Physostigmine salicylate | | P189 | 55285-14-8 | Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7benzofuranyl ester | | P189 | 55285-14-8 | Carbosulfan | | P190 | 1129-41-5 | Carbamic acid, methyl-, 3-methylphenyl ester | | P190 | 1129-41-5 | Metolcarb | | P191 | 644-64-4 | Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]- 5-methyl-1H-pyrazol-3yl ester | | P191 | 644-64-4 | Dimetilan | | P192 | 119-38-0 | Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester | | P192 | 119-38-0 | Isolan | | P194 | 23135-22-0 | Ethanimidothioic acid, 2-(dimethylamino)-N- [[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester | | P194 | 23135-22-0 | Oxamyl | | P196 | 15339-36-3 | Manganese, bis(dimethylcarbamodithioata-S,S')-, | | P196 | 15339-36-3 | Manganese, dimethyldithiocarbamate | | P197 | 17702-57-7 | Formparanate | | P197 | 17702-57-7 | Methanimidamide, N,N-dimethyl-N'- [2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]- | | P198 | 23422-53-9 | Formetanate hydrochloride | | P198 | 23422-53-9 | Methanimidamide, N,N-dimethyl-N'-[3- [[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride | | P199 | 2032-65-7 | Methiocarb | | P199 | 2032-65-7 | Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate | | P201 | 2631-37-0 | Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate | | P201 | 2631-37-0 | Promecarb | | P202 | 64-00-6 | m-Cumenyl methylcarbamate | | P202 | 64-00-6 | 3-Isopropylphenyl N-methylcarbamate | | P202 | 64-00-6 | Phenol, 3-(1-methylethyl)-, methyl carbamate | | P203 | 1646-88-4 | Aldicarb sulfone | | P203 | 1646-88-4 | Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime | | P204 | 57-47-6 | Physostigmine | | P204 | 57-47-6 | Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro1,3a,8-thrimethyl-, methylcarbamate (ester), (3aS-cis)- | | P205 | 137-30-4 | Zinc, bis(dimethylcarbamodithioato-S,S')- | | P205 | 137-30-4 | Ziram | | * CAS Number given for parent compound only |
"FDA" means the federal food and drug administration. (F) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (A) to (D) of this rule, are identified as toxic wastes (T) unless otherwise designated.
[Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (toxicity), R (reactivity), I (ignitability) and C (corrosivity). Absence of a letter indicates that the compound is only listed for toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by EPA hazardous waste number.] These wastes and corresponding EPA hazardous waste numbers are: | EPA Hazardous Waste # | CAS # | Substance | | U394 | 30558-43-1 | A2213 | | U001 | 75-07-0 | Acetaldehyde (I) | | U034 | 75-87-6 | Acetaldehyde, trichloro- | | U187 | 62-44-2 | Acetamide, N-(4-ethoxyphenyl)- | | U005 | 53-96-3 | Acetamide, N-9H-fluoren-2-yl- | | U240 | 94-75-7 * | Acetic acid, (2,4-dichlorophenoxy)-, salts and esters | | U112 | 141-78-6 | Acetic acid ethyl ester (I) | | U144 | 301-04-2 | Acetic acid, lead(2+) salt | | U214 | 563-68-8 | Acetic acid, thallium(1+) salt | | See F027 | 93-76-5 | Acetic acid, (2,4,5-trichlorophenoxy)- | | U002 | 67-64-1 | Acetone (I) | | U003 | 75-05-8 | Acetonitrile (I,T) | | U004 | 98-86-2 | Acetophenone | | U005 | 53-96-3 | 2-Acetylaminofluorene | | U006 | 75-36-5 | Acetyl chloride (C,R,T) | | U007 | 79-06-1 | Acrylamide | | U008 | 79-10-7 | Acrylic acid (I) | | U009 | 107-13-1 | Acrylonitrile | | U011 | 61-82-5 | Amitrole | | U012 | 62-53-3 | Aniline (I,T) | | U136 | 75-60-5 | Arsinic acid, dimethyl | | U014 | 492-80-8 | Auramine | | U015 | 115-02-6 | Azaserine | | U101 | 50-07-7 | Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]- 1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]- | | U280 | 101-27-9 | Barban | | U278 | 22781-23-3 | Bendiocarb | | U364 | 22961-82-6 | Bendiocarb phenol | | U271 | 17804-35-2 | Benomyl | | U157 | 56-49-5 | Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- | | U016 | 225-51-4 | Benz[c]acridine | | U107 | 98-87-3 | Benzal chloride | | U192 | 23950-58-5 | Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- | | U018 | 56-55-3 | Benz[a]anthracene | | U094 | 57-97-6 | Benz[a]anthracene, 7,12-dimethyl- | | U012 | 62-53-3 | Benzenamine (I,T) | | U014 | 492-80-8 | Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl- | | U049 | 3165-93-3 | Benzenamine, 4-chloro-2-methyl-, hydrochloride | | U093 | 60-11-7 | Benzenamine, N,N-dimethyl-4-(phenylazo)- | | U328 | 95-53-4 | Benzenamine, 2-methyl- | | U353 | 106-49-0 | Benzenamine, 4-methyl- | | U158 | 101-14-4 | Benzenamine, 4,4'-methylenebis[2-chloro- | | U222 | 636-21-5 | Benzenamine, 2-methyl-, hydrochloride | | U181 | 99-55-8 | Benzenamine, 2-methyl-5-nitro- | | U019 | 71-43-2 | Benzene (I,T) | | U038 | 510-15-6 | Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester | | U030 | 101-55-3 | Benzene, 1-bromo-4-phenoxy- | | U035 | 305-03-3 | Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- | | U037 | 108-90-7 | Benzene, chloro- | | U221 | 25376-45-8 | Benzenediamine, ar-methyl- | | U028 | 117-81-7 | 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester | | U069 | 84-74-2 | 1,2-Benzenedicarboxylic acid, dibutyl ester | | U088 | 84-66-2 | 1,2-Benzenedicarboxylic acid, diethyl ester | | U102 | 131-11-3 | 1,2-Benzenedicarboxylic acid, dimethyl ester | | U107 | 117-84-0 | 1,2-Benzenedicarboxylic acid, dioctyl ester | | U070 | 95-50-1 | Benzene, 1,2-dichloro- | | U071 | 541-73-1 | Benzene, 1,3-dichloro- | | U072 | 106-46-7 | Benzene, 1,4-dichloro- | | U060 | 72-54-8 | Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro- | | U017 | 98-87-3 | Benzene, (dichloromethyl)- | | U223 | 26471-62-5 | Benzene, 1,3-diisocyanatomethyl- (R,T) | | U239 | 1330-20-7 | Benzene, dimethyl- (I) | | U201 | 108-46-3 | 1,3-Benzenediol | | U127 | 118-74-1 | Benzene, hexachloro- | | U056 | 110-82-7 | Benzene, hexahydro- (I) | | U220 | 108-88-3 | Benzene, methyl- | | U105 | 121-14-2 | Benzene, 1-methyl-2,4-dinitro- | | U106 | 606-20-2 | Benzene, 2-methyl-1,3-dinitro- | | U055 | 98-82-8 | Benzene, (1-methylethyl)- (I) | | U169 | 98-95-3 | Benzene, nitro- | | U183 | 608-93-5 | Benzene, pentachloro- | | U185 | 82-68-8 | Benzene, pentachloronitro- | | U020 | 98-09-9 | Benzenesulfonic acid chloride (C,R) | | U020 | 98-09-9 | Benzenesulfonyl chloride (C,R) | | U207 | 95-94-3 | Benzene, 1,2,4,5-tetrachloro- | | U061 | 50-29-3 | Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro- | | U247 | 72-43-5 | Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy- | | U023 | 98-07-7 | Benzene, (trichloromethyl)- | | U234 | 99-35-4 | Benzene, 1,3,5-trinitro- | | U021 | 92-87-5 | Benzidine | | U364 | 22961-82-6 | 1,3-Benzodioxol-4-ol, 2,2-dimethyl- | | U278 | 22781-3 | 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate | | U203 | 94-59-7 | 1,3-Benzodioxole, 5-(2-propenyl)- | | U141 | 120-58-1 | 1,3-Benzodioxole, 5-(1-propenyl)- | | U090 | 94-58-6 | 1,3-Benzodioxole, 5-propyl- | | U367 | 1563-38-8 | 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- | | U064 | 189-55-9 | Benzo[rst]pentaphene | | U248 | 81-81-2 * | 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, and salts, when present at concentrations of 0.3 per cent or less | | U022 | 50-32-8 | Benzo[a]pyrene | | U197 | 106-51-4 | p-Benzoquinone | | U023 | 98-07-7 | Benzotrichloride (C,R,T) | | U085 | 1464-53-5 | 2,2'-Bioxirane | | U021 | 92-87-5 | [1,1'-Biphenyl]-4,4'-diamine | | U073 | 91-94-1 | [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- | | U091 | 119-90-4 | [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy- | | U095 | 119-93-7 | [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- | | U225 | 75-25-2 | Bromoform | | U030 | 101-55-3 | 4-Bromophenyl phenyl ether | | U128 | 87-68-3 | 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- | | U172 | 924-16-3 | 1-Butanamine, N-butyl-N-nitroso- | | U031 | 71-36-3 | 1-Butanol (I) | | U159 | 78-93-3 | 2-Butanone (I,T) | | U160 | 1338-23-4 | -Butanone, peroxide (R,T) | | U053 | 4170-30-3 | 2-Butenal | | U074 | 764-41-0 | 2-Butene, 1,4-dichloro- (I,T) | | U143 | 303-34-4 | 2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]- 2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, 1S-[1alpha(Z),7(2S*,3R*),7aalpha]]- | | U031 | 71-36-3 | n-Butyl alcohol (I) | | U136 | 75-60-5 | Cacodylic acid | | U032 | 13765-19-0 | Calcium chromate | | U372 | 10605-21-7 | Carbamic acid, 1H-benzimidazol-2-yl, methyl ester | | U271 | 17804-35-2 | Carbamic acid, [1-[(buthylamino)carbonyl]- 1H-benzimidazol-2-yl], methyl ester | | U280 | 101-27-9 | Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester | | U238 | 51-79-6 | Carbamic acid, ethyl ester | | U178 | 615-53-2 | Carbamic acid, methylnitroso-, ethyl ester | | U373 | 122-42-9 | Carbamic acid, phenyl-, 1-methylethyl ester | | U409 | 23564-05-8 | Carbamic acid, [1,2-phenylenebis (iminocarbobothioyl)]bis-, dimethyl ester | | U097 | 79-44-7 | Carbamic chloride, dimethyl- | | U114 | 111-54-6 * | Carbamodithioic acid, 1,2-ethanediylbis-, salts and esters | | U062 | 2303-16-4 | Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester | | U389 | 2303-17-5 | Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester | | U387 | 52888-80-9 | Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester | | U279 | 63-25-2 | Carbaryl | | U372 | 10605-21-7 | Carbendazim | | U367 | 1563-38-8 | Carbofuran phenol | | U215 | 6533-73-9 | Carbonic acid, dithallium(1+) salt | | U033 | 353-50-4 | Carbonic difluoride | | U156 | 79-22-1 | Carbonochloridic acid, methyl ester (I,T) | | U033 | 353-50-4 | Carbon oxyfluoride (R,T) | | U211 | 56-23-5 | Carbon tetrachloride | | U034 | 75-87-6 | Chloral | | U035 | 305-03-3 | Chlorambucil | | U036 | 57-74-9 | Chlordane, alpha and gamma isomers | | U026 | 494-03-1 | Chlornaphazin | | U037 | 108-90-7 | Chlorobenzene | | U038 | 510-15-6 | Chlorobenzilate | | U039 | 59-50-7 | p-Chloro-m-cresol | | U042 | 110-75-8 | 2-Chloroethyl vinyl ether | | U044 | 67-66-3 | Chloroform | | U046 | 107-30-2 | Chloromethyl methyl ether | | U047 | 91-58-7 | beta-Chloronaphthalene | | U048 | 95-57-8 | o-Chlorophenol | | U049 | 3165-93-3 | 4-Chloro-o-toluidine, hydrochloride | | U032 | 13765-19-0 | Chromic acid H2CrO4, calcium salt | | U050 | 218-01-9 | Chrysene | | U051 | ------- | Creosote | | U052 | 1319-77-3 | Cresol (Cresylic acid) | | U053 | 4170-30-3 | Crotonaldehyde | | U055 | 98-82-8 | Cumene (I) | | U246 | 506-68-3 | Cyanogen bromide (CN)Br | | U197 | 106-51-4 | 2,5-Cyclohexadiene-1,4-dione | | U056 | 110-82-7 | Cyclohexane (I) | | U129 | 58-89-9 | Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)- | | U057 | 108-94-1 | Cyclohexanone (I) | | U130 | 77-47-4 | 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- | | U058 | 50-18-0 | Cyclophosphamide | | U240 | 94-75-7 * | 2,4-D, salts and esters | | U059 | 20830-81-3 | Daunomycin | | U060 | 72-54-8 | DDD | | U061 | 50-29-3 | DDT | | U062 | 2303-16-4 | Diallate | | U063 | 53-70-3 | Dibenz[a,h]anthracene | | U064 | 189-55-9 | Dibenzo[a,i]pyrene | | U066 | 96-12-8 | 1,2-Dibromo-3-chloropropane | | U069 | 84-74-2 | Dibutyl phthalate | | U070 | 95-50-1 | o-Dichlorobenzene | | U071 | 541-73-1 | m-Dichlorobenzene | | U072 | 106-46-7 | p-Dichlorobenzene | | U073 | 91-94-1 | 3,3'-Dichlorobenzidine | | U074 | 764-41-0 | 1,4-Dichloro-2-butene (I,T) | | U075 | 75-71-8 | Dichlorodifluoromethane | | U078 | 75-35-4 | 1,1-Dichloroethylene | | U079 | 156-60-5 | 1,2-Dichloroethylene | | U025 | 111-44-4 | Dichloroethyl ether | | U027 | 108-60-1 | Dichloroisopropyl ether | | U024 | 111-91-1 | Dichloromethoxy ethane | | U081 | 120-83-2 | 2,4-Dichlorophenol | | U082 | 87-65-0 | 2,6-Dichlorophenol | | U084 | 542-75-6 | 1,3-Dichloropropene | | U085 | 1464-53-5 | 1,2:3,4-Diepoxybutane (I,T) | | U395 | 5952-26-1 | Diethylene glycol, dicarbamate | | U108 | 123-91-1 | 1,4-Diethyleneoxide | | U028 | 117-81-7 | Diethylhexyl phthalate | | U086 | 1615-80-1 | N,N'-Diethylhydrazine | | U087 | 3288-58-2 | O,O-Diethyl S-methyl dithiophosphate | | U088 | 84-66-2 | Diethyl phthalate | | U089 | 56-53-1 | Diethylstilbesterol | | U090 | 94-58-6 | Dihydrosafrole | | U091 | 119-90-4 | 3,3'-Dimethoxybenzidine | | U092 | 124-40-3 | Dimethylamine (I) | | U093 | 60-11-7 | p-Dimethylaminoazobenzene | | U094 | 57-97-6 | 7,12-Dimethylbenz[a]anthracene | | U095 | 119-93-7 | 3,31-Dimethylbenzidine | | U096 | 80-15-9 | alpha,alpha-Dimethylbenzylhydroperoxide (R) | | U097 | 79-44-7 | Dimethylcarbamoyl chloride | | U098 | 57-14-7 | 1,1-Dimethylhydrazine | | U099 | 540-73-8 | 1,2-Dimethylhydrazine | | U101 | 105-67-9 | 2,4-Dimethylphenol | | U102 | 131-11-3 | Dimethyl phthalate | | U103 | 77-78-1 | Dimethyl sulfate | | U105 | 121-14-2 | 2,4-Dinitrotoluene | | U106 | 606-20-2 | 2,6-Dinitrotoluene | | U107 | 117-84-0 | Di-n-octyl phthalate | | U108 | 123-91-1 | 1,4-Dioxane | | U109 | 122-66-7 | 1,2-Diphenylhydrazine | | U110 | 142-84-7 | Dipropylamine (I) | | U111 | 621-64-7 | Di-n-propylnitrosamine | | U041 | 106-89-8 | Epichlorohydrin | | U001 | 75-07-0 | Ethanal (I) | | U174 | 55-18-5 | Ethanamine, N-ethyl-N-nitroso- | | U404 | 121-44-8 | Ethanamine, N, N-diethyl- | | U155 | 91-80-5 | 1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)- | | U067 | 106-93-4 | Ethane, 1,2-dibromo- | | U076 | 75-34-3 | Ethane, 1,1-dichloro- | | U077 | 107-06-2 | Ethane, 1,2-dichloro- | | U131 | 67-72-1 | Ethane, hexachloro- | | U024 | 111-91-1 | Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro- | | U117 | 60-29-7 | Ethane, 1,1'-oxybis-(I) | | U025 | 111-44-4 | Ethane, 1,1'-oxybis[2-chloro- | | U184 | 76-01-7 | Ethane, pentachloro- | | U208 | 630-20-6 | Ethane, 1,1,1,2-tetrachloro- | | U209 | 79-34-5 | Ethane, 1,1,2,2-tetrachloro- | | U226 | 71-55-6 | Ethane, 1,1,1-trichloro- | | U227 | 79-00-5 | Ethane, 1,1,2-trichloro- | | U218 | 62-55-5 | Ethanethioamide | | U410 | 59669-26-0 | Ethanimidothioic acid, N,N'-[thiobis [(methylimino)carbonyloxy]]bis-, dimethyl ester | | U394 | 30558-43-1 | Ethanimidothioic acid, 2-(dimethylamino)-hydroxy-2-oxo-, methyl ester | | U359 | 110-80-5 | Ethanol, 2-ethoxy- | | U173 | 1116-54-7 | Ethanol, 2,2'-(nitrosoimino)bis- | | U395 | 5952-26-1 | Ethanol, 2,2'-oxybis-, dicarbamate | | U004 | 98-86-2 | Ethanone, 1-phenyl- | | U043 | 75-01-4 | Ethene, chloro- | | U042 | 110-75-8 | Ethene, (2-chloroethoxy)- | | U078 | 75-35-4 | Ethene, 1,1-dichloro- | | U079 | 156-60-5 | Ethene, 1,2-dichloro-, (E)- | | U210 | 127-18-4 | Ethene, tetrachloro- | | U228 | 79-01-6 | Ethene, trichloro- | | U112 | 141-78-6 | Ethyl acetate (I) | | U113 | 140-88-5 | Ethyl acrylate (I) | | U238 | 51-79-6 | Ethyl carbamate (urethane) | | U117 | 60-29-7 | Ethyl ether (I) | | U114 | 111-54-6 * | Ethylenebisdithiocarbamic acid, salts and esters | | U067 | 106-93-4 | Ethylene dibromide | | U077 | 107-06-2 | Ethylene dichloride | | U359 | 110-80-5 | Ethylene glycol monoethyl ether | | U115 | 75-21-8 | Ethylene oxide (I,T) | | U116 | 96-45-7 | Ethylenethiourea | | U076 | 75-34-3 | Ethylidene dichloride | | U118 | 97-63-2 | Ethyl methacrylate | | U119 | 62-50-0 | Ethyl methanesulfonate | | U120 | 206-44-0 | Fluoranthene | | U122 | 50-00-0 | Formaldehyde | | U123 | 64-18-6 | Formic acid (C,T) | | U124 | 110-00-9 | Furan (I) | | U125 | 98-01-1 | 2-Furancarboxaldehyde (I) | | U147 | 108-31-6 | 2,5-Furandione | | U213 | 109-99-9 | Furan, tetrahydro-(I) | | U125 | 98-01-1 | Furfural (I) | | U124 | 110-00-9 | Furfuran (I) | | U206 | 18883-66-4 | Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D | | U206 | 18883-66-4 | D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]- | | U126 | 765-34-4 | Glycidylaldehyde | | U163 | 70-25-7 | Guanidine, N-methyl-N'-nitro-N-nitroso- | | U127 | 118-74-1 | Hexachlorobenzene | | U128 | 87-68-3 | Hexachlorobutadiene | | U130 | 77-47-4 | Hexachlorocyclopentadiene | | U131 | 67-72-1 | Hexachloroethane | | U132 | 70-30-4 | Hexachlorophene | | U243 | 1888-71-7 | Hexachloropropene | | U133 | 302-01-2 | Hydrazine (R,T) | | U086 | 1615-80-1 | Hydrazine, 1,2-diethyl- | | U098 | 57-14-7 | Hydrazine, 1,1-dimethyl- | | U099 | 540-73-8 | Hydrazine, 1,2-dimethyl- | | U109 | 122-66-7 | Hydrazine, 1,2-diphenyl- | | U134 | 7664-39-3 | Hydrofluoric acid (C,T) | | U134 | 7664-39-3 | Hydrogen fluoride (C,T) | | U135 | 7783-06-4 | Hydrogen sulfide | | U135 | 7783-06-4 | Hydrogen sulfide H2S | | U096 | 80-15-9 | Hydroperoxide, 1-methyl-1-phenylethyl- (R) | | U116 | 96-45-7 | 2-Imidazolidinethione | | U137 | 193-39-5 | Indeno[1,2,3-cd]pyrene | | U190 | 85-44-9 | 1,3-Isobenzofurandione | | U140 | 78-83-1 | Isobutyl alcohol (I,T) | | U141 | 120-58-1 | Isosafrole | | U142 | 143-50-0 | Kepone | | U143 | 303-34-4 | Lasiocarpine | | U144 | 301-04-2 | Lead acetate | | U146 | 1335-32-6 | Lead, bis(acetato-O)tetrahydroxytri- | | U145 | 7446-27-7 | Lead phosphate | | U146 | 1335-32-6 | Lead subacetate | | U129 | 58-89-9 | Lindane | | U163 | 70-25-7 | MNNG | | U147 | 108-31-6 | Maleic anhydride | | U148 | 123-33-1 | Maleic hydrazide | | U149 | 109-77-3 | Malononitrile | | U150 | 148-82-3 | Melphalan | | U151 | 7439-97-6 | Mercury | | U152 | 126-98-7 | Methacrylonitrile (I, T) | | U092 | 124-40-3 | Methanamine, N-methyl- (I) | | U029 | 74-83-9 | Methane, bromo- | | U045 | 74-87-3 | Methane, chloro- (I, T) | | U046 | 107-30-2 | Methane, chloromethoxy- | | U068 | 74-95-3 | Methane, dibromo- | | U080 | 75-09-2 | Methane, dichloro- | | U075 | 75-71-8 | Methane, dichlorodifluoro- | | U138 | 74-88-4 | Methane, iodo- | | U211 | 56-23-5 | Methane, tetrachloro- | | U225 | 75-25-2 | Methane, tribromo- | | U044 | 67-66-3 | Methane, trichloro- | | U121 | 75-69-4 | Methane, trichlorofluoro- | | U119 | 62-50-0 | Methanesulfonic acid, ethyl ester | | U153 | 74-93-1 | Methanethiol (I, T) | | U036 | 57-74-9 | 4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-octachloro2,3,3a,4,7,7a-hexahydro- | | U154 | 67-56-1 | Methanol (I) | | U155 | 91-80-5 | Methapyrilene | | U142 | 143-50-0 | 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro- | | U247 | 72-43-5 | Methoxychlor | | U154 | 67-56-1 | Methyl alcohol (I) | | U029 | 74-83-9 | Methyl bromide | | U186 | 504-60-9 | 1-Methylbutadiene (I) | | U045 | 74-87-3 | Methyl chloride (I,T) | | U156 | 79-22-1 | Methyl chlorocarbonate (I,T) | | U226 | 71-55-6 | Methyl chloroform | | U157 | 56-49-5 | 3-Methylcholanthrene | | U158 | 101-14-4 | 4,4'-Methylenebis(2-chloroaniline) | | U068 | 74-95-3 | Methylene bromide | | U080 | 75-09-2 | Methylene chloride | | U159 | 78-93-3 | Methyl ethyl ketone (MEK) (I,T) | | U160 | 1338-23-4 | Methyl ethyl ketone peroxide (R,T) | | U138 | 74-88-4 | Methyl iodide | | U161 | 108-10-1 | Methyl isobutyl ketone (I) | | U162 | 80-62-6 | Methyl methacrylate (I,T) | | U161 | 108-10-1 | 4-Methyl-2-pentanone (I) | | U164 | 56-04-2 | Methylthiouracil | | U101 | 50-07-7 | Mitomycin C | | U059 | 20830-81-3 | 5,12-Naphthacenedione, -acetyl-10- [(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]- 7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)- | | U167 | 134-32-7 | 1-Naphthalenamine | | U168 | 91-59-8 | 2-Naphthalenamine | | U026 | 494-03-1 | Naphthalenamine, N,N'-bis(2-chloroethyl)- | | U165 | 91-20-3 | Naphthalene | | U047 | 91-58-7 | Naphthalene, 2-chloro- | | U166 | 130-15-4 | 1,4-Naphthalenedione | | U236 | 72-57-1 | 2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis [5-amino-4-hydroxy]-, tetrasodium salt | | U279 | 63-25-2 | 1-Naphthalenol, methylcarbamate | | U166 | 130-15-4 | 1,4-Naphthoquinone | | U167 | 134-32-7 | alpha-Naphthylamine | | U168 | 91-59-8 | beta-Naphthylamine | | U217 | 10102-45-1 | Nitric acid, thallium(1+) salt | | U169 | 98-95-3 | Nitrobenzene (I,T) | | U170 | 100-02-7 | p-Nitrophenol | | U171 | 79-46-9 | 2-Nitropropane (I,T) | | U172 | 924-16-3 | N-Nitrosodi-n-butylamine | | U173 | 1116-54-7 | N-Nitrosodiethanolamine | | U174 | 55-18-5 | N-Nitrosodiethylamine | | U176 | 759-73-9 | N-Nitroso-N-ethylurea | | U177 | 684-93-5 | N-Nitroso-N-methylurea | | U178 | 615-53-2 | N-Nitroso-N-methylurethane | | U179 | 100-75-4 | N-Nitrosopiperidine | | U180 | 930-55-2 | N-Nitrosopyrrolidine | | U181 | 99-55-8 | 5-Nitro-o-toluidine | | U193 | 1120-71-4 | 1,2-Oxathiolane, 2,2-dioxide | | U058 | 50-18-0 | 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide | | U115 | 75-21-8 | Oxirane (I,T) | | U126 | 765-34-4 | Oxiranecarboxyaldehyde | | U041 | 106-89-8 | Oxirane, (chloromethyl)- | | U182 | 123-63-7 | Paraldehyde | | U183 | 608-93-5 | Pentachlorobenzene | | U184 | 76-01-7 | Pentachloroethane | | U185 | 82-68-8 | Pentachloronitrobenzene (PCNB) | | See F027 | 87-86-5 | Pentachlorophenol | | U161 | 108-10-1 | Pentanol, 4-methyl- | | U186 | 504-60-9 | 1,3-Pentadiene (I) | | U187 | 62-44-2 | Phenacetin | | U188 | 108-95-2 | Phenol | | U048 | 95-57-8 | Phenol, 2-chloro- | | U039 | 59-50-7 | Phenol, 4-chloro-3-methyl- | | U081 | 120-83-2 | Phenol, 2,4-dichloro- | | U082 | 87-65-0 | Phenol, 2,6-dichloro- | | U089 | 56-53-1 | Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- | | U101 | 105-67-9 | Phenol, 2,4-dimethyl- | | U052 | 1319-77-3 | Phenol, methyl- | | U132 | 70-30-4 | Phenol, 2,2'-methylenebis[3,4,6-trichloro- | | U411 | 114-26-1 | Phenol, 2-(1-methylethoxy)-, methylcarbamate | | U170 | 100-02-7 | Phenol, 4-nitro- | | See F027 | 87-86-5 | Phenol, pentachloro- | | See F027 | 58-90-2 | Phenol, 2,3,4,6-tetrachloro- | | See F027 | 95-95-4 | Phenol, 2,4,5-trichloro- | | See F027 | 88-06-2 | Phenol, 2,4,6-trichloro- | | U150 | 148-82-3 | L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- | | U145 | 7446-27-7 | Phosphoric acid, lead(2+) salt (2:3) | | U087 | 3288-58-2 | Phosphorodithioic acid, O,O-diethyl S-methyl ester | | U189 | 1314-80-3 | Phosphorus sulfide (R) | | U190 | 85-44-9 | Phthalic anhydride | | U191 | 109-06-8 | 2-Picoline | | U179 | 100-75-4 | Piperidine, 1-nitroso- | | U192 | 23950-58-5 | Pronamide | | U194 | 107-10-8 | 1-Propanamine (I,T) | | U111 | 621-64-7 | 1-Propanamine, N-nitroso-N-propyl- | | U110 | 142-84-7 | 1-Propanamine, N-propyl- (I) | | U066 | 96-12-8 | Propane, 1,2-dibromo-3-chloro- | | U083 | 78-87-5 | Propane, 1,2-dichloro- | | U171 | 79-46-9 | Propane, 2-nitro- (I,T) | | U027 | 108-60-1 | Propane, 2,2'-oxybis[2-chloro- | | U193 | 1120-71-4 | 1,3-Propane sultone | | U149 | 109-77-3 | Propanedinitrile | | See F027 | 93-72-1 | Propanoic acid, 2-(2,4,5-trichlorophenoxy)- | | U235 | 126-72-7 | 1-Propanol, 2,3-dibromo-, phosphate (3:1) | | U140 | 78-83-1 | 1-Propanol, 2-methyl- (I,T) | | U002 | 67-64-1 | 2-Propanone (I) | | U007 | 79-06-1 | 2-Propenamide | | U084 | 542-75-6 | 1-Propene, 1,3-dichloro- | | U243 | 1888-71-7 | 1-Propene, 1,1,2,3,3,3-hexachloro- | | U009 | 107-13-1 | 2-Propenenitrile | | U152 | 126-98-7 | 2-Propenenitrile, 2-methyl- (I,T) | | U008 | 79-10-7 | 2-Propenoic acid (I) | | U113 | 140-88-5 | 2-Propenoic acid, ethyl ester (I) | | U118 | 97-63-2 | 2-Propenoic acid, 2-methyl-, ethyl ester | | U162 | 80-62-6 | 2-Propenoic acid, 2-methyl-, methyl ester (I,T) | | U373 | 122-42-9 | Propham | | U411 | 114-26-1 | Propoxur | | U194 | 107-10-8 | n-Propylamine (I,T) | | U083 | 78-87-5 | Propylene dichloride | | U387 | 52888-80-9 | Prosulfocarb | | U148 | 123-33-1 | 3,6-Pyridazinedione, 1,2-dihydro- | | U196 | 110-86-1 | Pyridine | | U191 | 109-06-8 | Pyridine, 2-methyl- | | U237 | 66-75-1 | 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]- | | U164 | 56-04-2 | 4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- | | U180 | 930-55-2 | Pyrrolidine, 1-nitroso- | | U200 | 50-55-5 | Reserpine | | U201 | 108-46-3 | Resorcinol | | U203 | 94-59-7 | Safrole | | U204 | 7783-00-8 | Selenious acid | | U204 | 7783-00-8 | Selenium dioxide | | U205 | 7488-56-4 | Selenium sulfide | | U205 | 7488-56-4 | Selenium sulfide SeS2(R,T) | | U015 | 115-02-6 | L-Serine, diazoacetate (ester) | | See F027 | 93-72-1 | Silvex (2,4,5-TP) | | U206 | 18883-66-4 | Streptozotocin | | U103 | 77-78-1 | Sulfuric acid, dimethyl ester | | U189 | 1314-80-3 | Sulfur phosphide (R) | | See F027 | 93-76-5 | 2,4,5-T | | U207 | 95-94-3 | 1,2,4,5-Tetrachlorobenzene | | U208 | 630-20-6 | 1,1,1,2-Tetrachloroethane | | U209 | 79-34-5 | 1,1,2,2-Tetrachloroethane | | U210 | 127-18-4 | Tetrachloroethylene | | See F027 | 58-90-2 | 2,3,4,6-Tetrachlorophenol | | U213 | 109-99-9 | Tetrahydrofuran (I) | | U214 | 563-68-8 | Thallium(I) acetate | | U215 | 6533-73-9 | Thallium(I) carbonate | | U216 | 7791-12-0 | Thallium(I) chloride | | U216 | 7791-12-0 | Thallium chloride TlCl | | U217 | 10102-45-1 | Thallium(I) nitrate | | U218 | 62-55-5 | Thioacetamide | | U410 | 59669-26-0 | Thiodicarb | | U153 | 74-93-1 | Thiomethanol (I,T) | | U244 | 137-26-8 | Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl | | U409 | 23564-05-8 | Thiophanate-methyl | | U219 | 62-56-6 | Thiourea | | U244 | 137-26-8 | Thiram | | U220 | 108-88-3 | Toluene | | U221 | 25376-45-8 | Toluenediamine | | U223 | 26471-62-5 | Toluene diisocyanate (R,T) | | U328 | 95-53-4 | o-Toluidine | | U353 | 106-49-0 | p-Toluidine | | U222 | 636-21-5 | o-Toluidine hydrochloride | | U389 | 2303-17-5 | Triallate | | U226 | 71-55-6 | 1,1,1-Trichloroethane | | U011 | 61-82-5 | 1H-1,2,4-Triazol-3-amine | | U227 | 79-00-5 | 1,1,2-Trichloroethane | | U228 | 79-01-6 | Trichloroethylene | | U121 | 75-69-4 | Trichloromonofluoromethane | | See F027 | 95-95-4 | 2,4,5-Trichlorophenol | | See F027 | 88-06-2 | 2,4,6-Trichlorophenol | | U404 | 121-44-8 | Triethylamine | | U234 | 99-35-4 | 1,3,5-Trinitrobenzene (R,T) | | U182 | 123-63-7 | 1,3,5-Trioxane, 2,4,6-trimethyl- | | U235 | 126-72-7 | Tris(2,3-dibromopropyl) phosphate | | U236 | 72-57-1 | Trypan blue | | U237 | 66-75-1 | Uracil mustard | | U176 | 759-73-9 | Urea, N-ethyl-N-nitroso- | | U177 | 684-93-5 | Urea, N-methyl-N-nitroso- | | U043 | 75-01-4 | Vinyl chloride | | U248 | 81-81-2 * | Warfarin, and salts, when present at concentrations of 0.3 per cent or less | | U239 | 1330-20-7 | Xylene (I) | | U200 | 50-55-5 | Yohimban-16-carboxylic acid, 11,17-dimethoxy-18- [(3,4,5- trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)- | | U249 | 1314-84-7 | Zinc phosphide Zn3P2, when present at concentrations of 10 per cent or less | | * CAS Number given for parent compound only. |
| EPA Hazardous Waste # | CAS # | Substance | | U001 | 75-07-0 | Acetaldehyde (I) | | U001 | 75-07-0 | Ethanal (I) | | U002 | 67-64-1 | Acetone (I) | | U002 | 67-64-1 | 2-Propanone (I) | | U003 | 75-05-8 | Acetonitrile (I,T) | | U004 | 98-86-2 | Acetophenone | | U004 | 98-86-2 | Ethanone, 1-phenyl- | | U005 | 53-96-3 | Acetamide, N-9H-fluoren-2-yl- | | U005 | 53-96-3 | 2-Acetylaminofluorene | | U006 | 75-36-5 | Acetyl chloride (C,R,T) | | U007 | 79-06-1 | Acrylamide | | U007 | 79-06-1 | 2-Propenamide | | U008 | 79-10-7 | Acrylic acid (I) | | U008 | 79-10-7 | 2-Propenoic acid (I) | | U009 | 107-13-1 | Acrylonitrile | | U009 | 107-13-1 | 2-Propenenitrile | | U010 | 50-07-7 | Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8- [[(aminocarbonyl)oxy]methyl]- 1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]- | | U010 | 50-07-7 | Mitomycin C | | U011 | 61-82-5 | Amitrole | | U011 | 61-82-5 | 1H-1,2,4-Triazol-3-amine | | U012 | 62-53-3 | Aniline (I,T) | | U012 | 62-53-3 | Benzenamine (I,T) | | U014 | 492-80-8 | Auramine | | U014 | 492-80-8 | Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl- | | U015 | 115-02-6 | Azaserine | | U015 | 115-02-6 | L-Serine, diazoacetate (ester) | | U016 | 225-51-4 | Benz[c]acridine | | U017 | 98-87-3 | Benzal chloride | | U017 | 98-87-3 | Benzene, (dichloromethyl)- | | U018 | 56-55-3 | Benz[a]anthracene | | U019 | 71-43-2 | Benzene (I,T) | | U020 | 98-09-9 | Benzenesulfonic acid chloride (C,R) | | U020 | 98-09-9 | Benzenesulfonyl chloride (C,R) | | U021 | 92-87-5 | Benzidine | | U021 | 92-87-5 | [1,1'-Biphenyl]-4,4'-diamine | | U022 | 50-32-8 | Benzo[a]pyrene | | U023 | 98-07-7 | Benzene, (trichloromethyl)- | | U023 | 98-07-7 | Benzotrichloride (C,R,T) | | U024 | 111-91-1 | Dichloromethoxy ethane | | U024 | 111-91-1 | Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro- | | U025 | 111-44-4 | Dichloroethyl ether | | U025 | 111-44-4 | Ethane, 1,1'-oxybis[2-chloro- | | U026 | 494-03-1 | Chlornaphazin | | U026 | 494-03-1 | Naphthalenamine, N,N'-bis(2-chloroethyl)- | | U027 | 108-60-1 | Dichloroisopropyl ether | | U027 | 108-60-1 | Propane, 2,2'-oxybis[2-chloro- | | U028 | 117-81-7 | 1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester | | U028 | 117-81-7 | Diethylhexyl phthalate | | U029 | 74-83-9 | Methane, bromo- | | U029 | 74-83-9 | Methyl bromide | | U030 | 101-55-3 | Benzene, 1-bromo-4-phenoxy- | | U030 | 101-55-3 | 4-Bromophenyl phenyl ether | | U031 | 71-36-3 | 1-Butanol (I) | | U031 | 71-36-3 | n-Butyl alcohol (I) | | U032 | 13765-19-0 | Calcium chromate | | U032 | 13765-19-0 | Chromic acid H2CrO4, calcium salt | | U033 | 353-50-4 | Carbonic difluoride | | U033 | 353-50-4 | Carbon oxyfluoride (R,T) | | U034 | 75-87-6 | Acetaldehyde, trichloro- | | U034 | 75-87-6 | Chloral | | U035 | 305-03-3 | Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- | | U035 | 305-03-3 | Chlorambucil | | U036 | 57-74-9 | Chlordane, alpha and gamma isomers | | U036 | 57-74-9 | 4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-octachloro2,3,3a,4,7,7a-hexahydro- | | U037 | 108-90-7 | Benzene, chloro- | | U037 | 108-90-7 | Chlorobenzene | | U038 | 510-15-6 | Benzeneacetic acid, -chloro-alpha- (4-chlorophenyl)-alpha-hydroxy-, ethyl ester | | U038 | 510-15-6 | Chlorobenzilate | | U039 | 59-50-7 | p-Chloro-m-cresol | | U039 | 59-50-7 | Phenol, 4-chloro-3-methyl- | | U041 | 106-89-8 | Epichlorohydrin | | U041 | 106-89-8 | Oxirane, (chloromethyl)- | | U042 | 110-75-8 | 2-Chloroethyl vinyl ether | | U042 | 110-75-8 | Ethene, (2-chloroethoxy)- | | U043 | 75-01-4 | Ethene, chloro- | | U043 | 75-01-4 | Vinyl chloride | | U044 | 67-66-3 | Chloroform | | U044 | 67-66-3 | Methane, trichloro- | | U045 | 74-87-3 | Methane, chloro- (I, T) | | U045 | 74-87-3 | Methyl chloride (I,T) | | U046 | 107-30-2 | Chloromethyl methyl ether | | U046 | 107-30-2 | Methane, chloromethoxy- | | U047 | 91-58-7 | beta-Chloronaphthalene | | U047 | 91-58-7 | Naphthalene, 2-chloro- | | U048 | 95-57-8 | o-Chlorophenol | | U048 | 95-57-8 | Phenol, 2-chloro- | | U049 | 3165-93-3 | Benzenamine, 4-chloro-2-methyl-, hydrochloride | | U049 | 3165-93-3 | 4-Chloro-o-toluidine, hydrochloride | | U050 | 218-01-9 | Chrysene | | U051 | ---- | Creosote | | U052 | 1319-77-3 | Cresol (Cresylic acid) | | U052 | 1319-77-3 | Phenol, methyl- | | U053 | 4170-30-3 | 2-Butenal | | U053 | 4170-30-3 | Crotonaldehyde | | U055 | 98-82-8 | Benzene, (1-methylethyl)- (I) | | U055 | 98-82-8 | Cumene (I) | | U056 | 110-82-7 | Benzene, hexahydro- (I) | | U056 | 110-82-7 | Cyclohexane (I) | | U057 | 108-94-1 | Cyclohexanone (I) | | U058 | 50-18-0 | Cyclophosphamide | | U058 | 50-18-0 | 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide | | U059 | 20830-81-3 | Daunomycin | | U059 | 20830-81-3 | 5,12-Naphthacenedione, 8-acetyl-10-[(3-amino2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl) oxy]- 7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)- | | U060 | 72-54-8 | Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro- | | U060 | 72-54-8 | DDD | | U061 | 50-29-3 | Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro- | | U061 | 50-29-3 | DDT | | U062 | 2303-16-4 | Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester | | U062 | 2303-16-4 | Diallate | | U063 | 53-70-3 | Dibenz[a,h]anthracene | | U064 | 189-55-9 | Benzo[rst]pentaphene | | U064 | 189-55-9 | Dibenzo[a,i]pyrene | | U066 | 96-12-8 | 1,2-Dibromo-3-chloropropane | | U066 | 96-12-8 | Propane, 1,2-dibromo-3-chloro- | | U067 | 106-93-4 | Ethane, 1,2-dibromo- | | U067 | 106-93-4 | Ethylene dibromide | | U068 | 74-95-3 | Methane, dibromo- | | U068 | 74-95-3 | Methylene bromide | | U069 | 84-74-2 | 1,2-Benzenedicarboxylic acid, dibutyl ester | | U069 | 84-74-2 | Dibutyl phthalate | | U070 | 95-50-1 | Benzene, 1,2-dichloro- | | U070 | 95-50-1 | o-Dichlorobenzene | | U071 | 541-73-1 | Benzene, 1,3-dichloro- | | U071 | 541-73-1 | m-Dichlorobenzene | | U072 | 106-46-7 | Benzene, 1,4-dichloro- | | U072 | 106-46-7 | p-Dichlorobenzene | | U073 | 91-94-1 | [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro- | | U073 | 91-94-1 | 3,3'-Dichlorobenzidine | | U074 | 764-41-0 | 2-Butene, 1,4-dichloro- (I,T) | | U074 | 764-41-0 | 1,4-Dichloro-2-butene (I,T) | | U075 | 75-71-8 | Dichlorodifluoromethane | | U075 | 75-71-8 | Methane, dichlorodifluoro- | | U076 | 75-34-3 | Ethane, 1,1-dichloro- | | U076 | 75-34-3 | Ethylidene dichloride | | U077 | 107-06-2 | Ethane, 1,2-dichloro- | | U077 | 107-06-2 | Ethylene dichloride | | U078 | 75-35-4 | 1,1-Dichloroethylene | | U078 | 75-35-4 | Ethene, 1,1-dichloro- | | U079 | 156-60-5 | 1,2-Dichloroethylene | | U079 | 156-60-5 | Ethene, 1,2-dichloro-, (E)- | | U080 | 75-09-2 | Methane, dichloro- | | U080 | 75-09-2 | Methylene chloride | | U081 | 120-83-2 | 2,4-Dichlorophenol | | U081 | 120-83-2 | Phenol, 2,4-dichloro- | | U082 | 87-65-0 | 2,6-Dichlorophenol | | U082 | 87-65-0 | Phenol, 2,6-dichloro- | | U083 | 78-87-5 | Propane, 1,2-dichloro- | | U083 | 78-87-5 | Propylene dichloride | | U084 | 542-75-6 | 1,3-Dichloropropene | | U084 | 542-75-6 | 1-Propene, 1,3-dichloro | | U085 | 1464-53-5 | 2,2'-Bioxirane | | U085 | 1464-53-5 | 1,2:3,4-Diepoxybutane (I,T) | | U086 | 1615-80-1 | N,N'-Diethylhydrazine | | U086 | 1615-80-1 | Hydrazine, 1,2-diethyl- | | U087 | 3288-58-2 | O,O-Diethyl S-methyl dithiophosphate | | U087 | 3288-58-2 | Phosphorodithioic acid, O,O-diethyl S-methyl ester | | U088 | 84-66-2 | 1,2-Benzenedicarboxylic acid, diethyl ester | | U088 | 84-66-2 | Diethyl phthalate | | U089 | 56-53-1 | Diethylstilbesterol | | U089 | 56-53-1 | Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- | | U090 | 94-58-6 | 1,3-Benzodioxole, 5-propyl- | | U090 | 94-58-6 | Dihydrosafrole | | U091 | 119-90-4 | [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy- | | U091 | 119-90-4 | 3,3'-Dimethoxybenzidine | | U092 | 124-40-3 | Dimethylamine (I) | | U092 | 124-40-3 | Methanamine, N-methyl- (I) | | U093 | 60-11-7 | Benzenamine, N,N-dimethyl-4-(phenylazo)- | | U093 | 60-11-7 | p-Dimethylaminoazobenzene | | U094 | 57-97-6 | Benz[a]anthracene, 7,12-dimethyl- | | U094 | 57-97-6 | 7,12-Dimethylbenz[a]anthracene | | U095 | 119-93-7 | [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl- | | U095 | 119-93-7 | 3,3'-Dimethylbenzidine | | U096 | 80-15-9 | alpha,alpha-Dimethylbenzylhydroperoxide (R) | | U096 | 80-15-9 | Hydroperoxide, 1-methyl-1-phenylethyl- (R) | | U097 | 79-44-7 | Carbamic chloride, dimethyl- | | U097 | 79-44-7 | Dimethylcarbamoyl chloride | | U098 | 57-14-7 | 1,1-Dimethylhydrazine | | U098 | 57-14-7 | Hydrazine, 1,1-dimethyl- | | U099 | 540-73-8 | 1,2-Dimethylhydrazine | | U099 | 540-73-8 | Hydrazine, 1,2-dimethyl- | | U101 | 105-67-9 | 2,4-Dimethylphenol | | U101 | 105-67-9 | Phenol, 2,4-dimethyl- | | U102 | 131-11-3 | 1,2-Benzenedicarboxylic acid, dimethyl ester | | U102 | 131-11-3 | Dimethyl phthalate | | U103 | 77-78-1 | Dimethyl sulfate | | U103 | 77-78-1 | Sulfuric acid, dimethyl ester | | U105 | 121-14-2 | Benzene, 1-methyl-2,4-dinitro- | | U105 | 121-14-2 | 2,4-Dinitrotoluene | | U106 | 606-20-2 | Benzene, 2-methyl-1,3-dinitro- | | U106 | 606-20-2 | 2,6-Dinitrotoluene | | U107 | 117-84-0 | 1,2-Benzenedicarboxylic acid, dioctyl ester | | U107 | 117-84-0 | Di-n-octyl phthalate | | U108 | 123-91-1 | 1,4-Diethyleneoxide | | U108 | 123-91-1 | 1,4-Dioxane | | U109 | 122-66-7 | 1,2-Diphenylhydrazine | | U109 | 122-66-7 | Hydrazine, 1,2-diphenyl- | | U110 | 142-84-7 | Dipropylamine (I) | | U110 | 142-84-7 | 1-Propanamine, N-propyl- (I) | | U111 | 621-64-7 | Di-n-propylnitrosamine | | U111 | 621-64-7 | 1-Propanamine, N-nitroso-N-propyl- | | U112 | 141-78-6 | Acetic acid ethyl ester (I) | | U112 | 141-78-6 | Ethyl acetate (I) | | U113 | 140-88-5 | Ethyl acrylate (I) | | U113 | 140-88-5 | 2-Propenoic acid, ethyl ester (I) | | U114 | 111-54-6 * | Carbamodithioic acid, 1,2-ethanediylbis-, salts and esters | | U114 | 111-54-6 * | Ethylenebisdithiocarbamic acid, salts and esters | | U115 | 75-21-8 | Ethylene oxide (I,T) | | U115 | 75-21-8 | Oxirane (I,T) | | U116 | 96-45-7 | Ethylenethiourea | | U116 | 96-45-7 | 2-Imidazolidinethione | | U117 | 60-29-7 | Ethane, 1,1'-oxybis-(I) | | U117 | 60-29-7 | Ethyl ether (I) | | U118 | 97-63-2 | Ethyl methacrylate | | U118 | 97-63-2 | 2-Propenoic acid, 2-methyl-, ethyl ester | | U119 | 62-50-0 | Ethyl methanesulfonate | | U119 | 62-50-0 | Methanesulfonic acid, ethyl ester | | U120 | 206-44-0 | Fluoranthene | | U121 | 75-69-4 | Methane, trichlorofluoro- | | U121 | 75-69-4 | Trichloromonofluoromethane | | U122 | 50-00-0 | Formaldehyde | | U123 | 64-18-06 | Formic acid (C,T) | | U124 | 110-00-9 | Furan (I) | | U124 | 110-00-9 | Furfuran (I) | | U125 | 98-01-1 | 2-Furancarboxaldehyde (I) | | U125 | 98-01-1 | Furfural (I) | | U126 | 765-34-4 | Glycidylaldehyde | | U126 | 765-34-4 | Oxiranecarboxyaldehyde | | U127 | 118-74-1 | Benzene, hexachloro- | | U127 | 118-74-1 | Hexachlorobenzene | | U128 | 87-68-3 | 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- | | U128 | 87-68-3 | Hexachlorobutadiene | | U129 | 58-89-9 | Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)- | | U129 | 58-89-9 | Lindane | | U130 | 77-47-4 | 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro- | | U130 | 77-47-4 | Hexachlorocyclopentadiene | | U131 | 67-72-1 | Ethane, hexachloro- | | U131 | 67-72-1 | Hexachloroethane | | U132 | 70-30-4 | Hexachlorophene | | U132 | 70-30-4 | Phenol, 2,2'-methylenebis[3,4,6-trichloro- | | U133 | 302-01-2 | Hydrazine (R,T) | | U134 | 7664-39-3 | Hydrofluoric acid (C,T) | | U134 | 7664-39-3 | Hydrogen fluoride (C,T) | | U135 | 7783-06-4 | Hydrogen sulfide | | U135 | 7783-06-4 | Hydrogen sulfide H2S | | U136 | 75-60-5 | Arsinic acid, dimethyl- | | U136 | 75-60-5 | Cacodylic acid | | U137 | 193-39-5 | Indeno[1,2,3-cd]pyrene | | U138 | 74-88-4 | Methane, iodo- | | U138 | 74-88-4 | Methyl iodide | | U140 | 78-83-1 | Isobutyl alcohol (I,T) | | U140 | 78-83-1 | 1-Propanol, 2-methyl- (I,T) | | U141 | 120-58-1 | 1,3-Benzodioxole, 5-(1-propenyl)- | | U141 | 120-58-1 | Isosafrole | | U142 | 143-50-0 | Kepone | | U142 | 143-50-0 | 1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro- | | U143 | 303-34-4 | 2-Butenoic acid, -methyl-,7-[[2,3-dihydroxy-2- (1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5, 7atetrahydro-1H-pyrrolizin-1-yl ester, 1S-[1alpha(Z),7(2S*,3R*),7aalpha]]- | | U143 | 303-34-4 | Lasiocarpine | | U144 | 301-04-2 | Acetic acid, lead(2+) salt | | U144 | 301-04-2 | Lead acetate | | U145 | 7446-27-7 | Lead phosphate | | U145 | 7446-27-7 | Phosphoric acid, lead(2+) salt (2:3) | | U146 | 1335-32-6 | Lead, bis(acetato-O)tetrahydroxytri- | | U146 | 1335-32-6 | Lead subacetate | | U147 | 108-31-6 | 2,5-Furandione | | U147 | 108-31-6 | Maleic anhydride | | U148 | 123-33-1 | Maleic hydrazide | | U148 | 123-33-1 | 3,6-Pyridazinedione, 1,2-dihydro- | | U149 | 109-77-3 | Malononitrile | | U149 | 109-77-3 | Propanedinitrile | | U150 | 148-82-3 | Melphalan | | U150 | 148-82-3 | L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- | | U151 | 7439-97-6 | Mercury | | U152 | 126-98-7 | Methacrylonitrile (I, T) | | U152 | 126-98-7 | 2-Propenenitrile, 2-methyl- (I,T) | | U153 | 74-93-1 | Methanethiol (I, T) | | U153 | 74-93-1 | Thiomethanol (I,T) | | U154 | 67-56-1 | Methanol (I) | | U154 | 67-56-1 | Methyl alcohol (I) | | U155 | 91-80-5 | 1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)- | | U155 | 91-80-5 | Methapyrilene | | U156 | 79-22-1 | Carbonochloridic acid, methyl ester (I,T) | | U156 | 79-22-1 | Methyl chlorocarbonate (I,T) | | U157 | 56-49-5 | Benz[j]aceanthrylene, 1,2-dihydro-3-methyl- | | U157 | 56-49-5 | 3-Methylcholanthrene | | U158 | 101-14-4 | Benzenamine, 4,4'-methylenebis[2-chloro- | | U158 | 101-14-4 | 4,4'-Methylenebis(2-chloroaniline) | | U159 | 78-93-3 | 2-Butanone (I,T) | | U159 | 78-93-3 | Methyl ethyl ketone (MEK) (I,T) | | U160 | 1338-23-4 | 2-Butanone, peroxide (R,T) | | U160 | 1338-23-4 | Methyl ethyl ketone peroxide (R,T) | | U161 | 108-10-1 | Methyl isobutyl ketone (I) | | U161 | 108-10-1 | 4-Methyl-2-pentanone (I) | | U161 | 108-10-1 | Pentanol, 4-methyl- | | U162 | 80-62-6 | Methyl methacrylate (I,T) | | U162 | 80-62-6 | 2-Propenoic acid, 2-methyl-, methyl ester (I,T) | | U163 | 70-25-7 | Guanidine, N-methyl-N'-nitro-N-nitroso- | | U163 | 70-25-7 | MNNG | | U164 | 56-04-2 | Methylthiouracil | | U164 | 56-04-2 | 4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- | | U165 | 91-20-3 | Naphthalene | | U166 | 130-15-4 | 1,4-Naphthalenedione | | U166 | 130-15-4 | 1,4-Naphthoquinone | | U167 | 134-32-7 | 1-Naphthalenamine | | U167 | 134-32-7 | alpha-Naphthylamine | | U168 | 91-59-8 | 2-Naphthalenamine | | U168 | 91-59-8 | beta-Naphthylamine | | U169 | 98-95-3 | Benzene, nitro- | | U169 | 98-95-3 | Nitrobenzene (I,T) | | U170 | 100-02-7 | p-Nitrophenol | | U170 | 100-02-7 | Phenol, 4-nitro- | | U171 | 79-46-9 | 2-Nitropropane (I,T) | | U171 | 79-46-9 | Propane, 2-nitro- (I,T) | | U172 | 924-16-3 | 1-Butanamine, N-butyl-N-nitroso- | | U172 | 924-16-3 | N-Nitrosodi-n-butylamine | | U173 | 1116-54-7 | Ethanol, 2,2'-(nitrosoimino)bis- | | U173 | 1116-54-7 | N-Nitrosodiethanolamine | | U174 | 55-18-5 | Ethanamine, N-ethyl-N-nitroso- | | U174 | 55-18-5 | N-Nitrosodiethylamine | | U176 | 759-73-9 | N-Nitroso-N-ethylurea | | U176 | 759-73-9 | Urea, N-ethyl-N-nitroso- | | U177 | 684-93-5 | N-Nitroso-N-methylurea | | U177 | 684-93-5 | Urea, N-methyl-N-nitroso- | | U178 | 615-53-2 | Carbamic acid, methylnitroso-, ethyl ester | | U178 | 615-53-2 | N-Nitroso-N-methylurethane | | U179 | 100-75-4 | N-Nitrosopiperidine | | U179 | 100-75-4 | Piperidine, 1-nitroso- | | U180 | 930-55-2 | N-Nitrosopyrrolidine | | U180 | 930-55-2 | Pyrrolidine, 1-nitroso- | | U181 | 99-55-8 | Benzenamine, 2-methyl-5-nitro- | | U181 | 99-55-8 | 5-Nitro-o-toluidine | | U182 | 123-63-7 | Paraldehyde | | U182 | 123-63-7 | 1,3,5-Trioxane, 2,4,6-trimethyl- | | U183 | 608-93-5 | Benzene, pentachloro- | | U183 | 608-93-5 | Pentachlorobenzene | | U184 | 76-01-7 | Ethane, pentachloro- | | U184 | 76-01-7 | Pentachloroethane | | U185 | 82-68-8 | Benzene, pentachloronitro- | | U185 | 82-68-8 | Pentachloronitrobenzene (PCNB) | | U186 | 504-60-9 | 1-Methylbutadiene (I) | | U186 | 504-60-9 | 1,3-Pentadiene (I) | | U187 | 62-44-2 | Acetamide, N-(4-ethoxyphenyl)- | | U187 | 62-44-2 | Phenacetin | | U188 | 108-95-2 | Phenol | | U189 | 1314-80-3 | Phosphorus sulfide (R) | | U189 | 1314-80-3 | Sulfur phosphide (R) | | U190 | 85-44-9 | 1,3-Isobenzofurandione | | U190 | 85-44-9 | Phthalic anhydride | | U191 | 109-06-8 | 2-Picoline | | U191 | 109-06-8 | Pyridine, 2-methyl- | | U192 | 23950-58-5 | Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- | | U192 | 23950-58-5 | Pronamide | | U193 | 1120-71-4 | 1,2-Oxathiolane, 2,2-dioxide | | U193 | 1120-71-4 | 1,3-Propane sultone | | U194 | 107-10-8 | 1-Propanamine (I,T) | | U194 | 107-10-8 | n-Propylamine (I,T) | | U196 | 110-86-1 | Pyridine | | U197 | 106-51-4 | p-Benzoquinone | | U197 | 106-51-4 | 2,5-Cyclohexadiene-1,4-dione | | U200 | 50-55-5 | Reserpine | | U200 | 50-55-5 | Yohimban-16-carboxylic acid, 11,17-dimethoxy-18- [(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)- | | U201 | 108-46-3 | 1,3-Benzenediol | | U201 | 108-46-3 | Resorcinol | | U203 | 94-59-7 | 1,3-Benzodioxole, 5-(2-propenyl)- | | U203 | 94-59-7 | Safrole | | U204 | 7783-00-8 | Selenious acid | | U204 | 7783-00-8 | Selenium dioxide | | U205 | 7488-56-4 | Selenium sulfide | | U205 | 7488-56-4 | Selenium sulfide SeS2(R,T) | | U206 | 18883-66-4 | Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D- | | U206 | 18883-66-4 | D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]- | | U206 | 18883-66-4 | Streptozotocin | | U207 | 95-94-3 | Benzene, 1,2,4,5-tetrachloro- | | U207 | 95-94-3 | 1,2,4,5-Tetrachlorobenzene | | U208 | 630-20-6 | Ethane, 1,1,1,2-tetrachloro- | | U208 | 630-20-6 | 1,1,1,2-Tetrachloroethane | | U209 | 79-34-5 | Ethane, 1,1,2,2-tetrachloro- | | U209 | 79-34-5 | 1,1,2,2-Tetrachloroethane | | U210 | 127-18-4 | Ethene, tetrachloro- | | U210 | 127-18-4 | Tetrachloroethylene | | U211 | 56-23-5 | Carbon tetrachloride | | U211 | 56-23-5 | Methane, tetrachloro- | | U213 | 109-99-9 | Furan, tetrahydro-(I) | | U213 | 109-99-9 | Tetrahydrofuran (I) | | U214 | 563-68-8 | Acetic acid, thallium(1+) salt | | U214 | 563-68-8 | Thallium(I) acetate | | U215 | 6533-73-9 | Carbonic acid, dithallium(1+) salt | | U215 | 6533-73-9 | Thallium(I) carbonate | | U216 | 7791-12-0 | Thallium(I) chloride | | U216 | 7791-12-0 | Thallium chloride TlCl | | U217 | 10102-45-1 | Nitric acid, thallium(1+) salt | | U217 | 10102-45-1 | Thallium(I) nitrate | | U218 | 62-55-5 | Ethanethioamide | | U218 | 62-55-5 | Thioacetamide | | U219 | 62-56-6 | Thiourea | | U220 | 108-88-3 | Benzene, methyl- | | U220 | 108-88-3 | Toluene | | U221 | 25376-45-8 | Benzenediamine, ar-methyl- | | U221 | 25376-45-8 | Toluenediamine | | U222 | 636-21-5 | Benzenamine, 2-methyl-, hydrochloride | | U222 | 636-21-5 | o-Toluidine hydrochloride | | U223 | 26471-62-5 | Benzene, 1,3-diisocyanatomethyl- (R,T) | | U223 | 26471-62-5 | Toluene diisocyanate (R,T) | | U225 | 75-25-2 | Bromoform | | U225 | 75-25-2 | Methane, tribromo- | | U226 | 71-55-6 | Ethane, 1,1,1-trichloro- | | U226 | 71-55-6 | Methyl chloroform | | U226 | 71-55-6 | 1,1,1-Trichloroethane | | U227 | 79-00-5 | Ethane, 1,1,2-trichloro- | | U227 | 79-00-5 | 1,1,2-Trichloroethane | | U228 | 79-01-6 | Ethene, trichloro- | | U228 | 79-01-6 | Trichloroethylene | | U234 | 99-35-4 | Benzene, 1,3,5-trinitro- | | U234 | 99-35-4 | 1,3,5-Trinitrobenzene (R,T) | | U235 | 126-72-7 | 1-Propanol, 2,3-dibromo-, phosphate (3:1) | | U235 | 126-72-7 | Tris(2,3-dibromopropyl) phosphate | | U236 | 72-57-1 | 2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-biphenyl]- 4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt | | U236 | 72-57-1 | Trypan blue | | U237 | 66-75-1 | 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]- | | U237 | 66-75-1 | Uracil mustard | | U238 | 51-79-6 | Carbamic acid, ethyl ester | | U238 | 51-79-6 | Ethyl carbamate (urethane) | | U239 | 1330-20-7 | Benzene, dimethyl- (I) | | U239 | 1330-20-7 | Xylene (I) | | U240 | 94-75-7 * | Acetic acid, (2,4-dichlorophenoxy)-, salts and esters | | U240 | 94-75-7 * | 2,4-D, salts and esters | | U243 | 1888-71-7 | Hexachloropropene | | U243 | 1888-71-7 | 1-Propene, 1,1,2,3,3,3-hexachloro- | | U244 | 137-26-8 | Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl- | | U244 | 137-26-8 | Thiram | | U246 | 506-68-3 | Cyanogen bromide (CN)Br | | U247 | 72-43-5 | Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy- | | U247 | 72-43-5 | Methoxychlor | | U248 | 81-81-2 * | 2H-1-Benzopyran-2-one,4-hydroxy-3- (3-oxo-1-phenyl-butyl)-, and salts, when present at concentrations of 0.3 per cent or less | | U248 | 81-81-2 * | Warfarin, and salts, when present at concentrations of 0.3 per cent or less | | U249 | 1314-84-7 | Zinc phosphide Zn3P2, when present at concentrations of 10 per cent or less | | U271 | 17804-35-2 | Benomyl | | U271 | 17804-35-2 | Carbamic acid, [1-[(buthylamino)carbonyl]- 1H-benzimidazol-2-yl], methyl ester | | U278 | 22781-23-3 | Bendiocarb | | U278 | 22781-23-3 | 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate | | U279 | 63-25-2 | Carbaryl | | U279 | 63-25-2 | 1-Naphthalenol, methylcarbamate | | U280 | 101-27-9 | Barban | | U280 | 101-27-9 | Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester | | U328 | 95-53-4 | Benzenamine, 2-methyl- | | U328 | 95-53-4 | o-Toluidine | | U353 | 106-49-0 | Benzenamine, 4-methyl- | | U353 | 106-49-0 | p-Toluidine | | U359 | 110-80-5 | Ethanol, 2-ethoxy- | | U359 | 110-80-5 | Ethylene glycol monoethyl ether | | U364 | 22961-82-6 | Bendiocarb phenol | | U364 | 22961-82-6 | 1,3-Benzodioxol-4-ol, 2,2-dimethyl- | | U367 | 1563-38-8 | 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- | | U367 | 1563-38-8 | Carbofuran phenol | | U372 | 10605-21-7 | Carbamic acid, 1H-benzimidazol-2-yl, methyl ester | | U372 | 10605-21-7 | Carbendazim | | U373 | 122-42-9 | Carbamic acid, phenyl-, 1-methylethyl ester | | U373 | 122-42-9 | Propham | | U387 | 52888-80-9 | Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester | | U387 | 52888-80-9 | Prosulfocarb | | U389 | 2303-17-5 | Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester | | U389 | 2303-17-5 | Triallate | | U394 | 30558-43-1 | A2213 | | U394 | 30558-43-1 | Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester | | U395 | 5952-26-1 | Diethylene glycol, dicarbamate | | U395 | 5952-26-1 | Ethanol, 2,2'-oxybis-, dicarbamate | | U404 | 121-44-8 | Ethanamine, N, N-diethyl- | | U404 | 121-44-8 | Triethylamine | | U409 | 23564-05-8 | Carbamic acid, [1,2-phenylenebis (iminocarbobothioyl)]bis-, dimethyl ester | | U409 | 23564-05-8 | Thiophanate-methyl | | U410 | 59669-26-0 | Ethanimidothioic acid, N,N'-[thiobis [(methylimino)carbonyloxy]]bis-, dimethyl ester | | U410 | 59669-26-0 | Thiodicarb | | U411 | 114-26-1 | Phenol, 2-(1-methylethoxy)-, methylcarbamate | | U411 | 114-26-1 | Propoxur | | See F027 | 93-76-5 | Acetic acid, (2,4,5-trichlorophenoxy)- | | See F027 | 87-86-5 | Pentachlorophenol | | See F027 | 87-86-5 | Phenol, pentachloro- | | See F027 | 58-90-2 | Phenol, 2,3,4,6-tetrachloro- | | See F027 | 95-95-4 | Phenol, 2,4,5-trichloro- | | See F027 | 88-06-2 | Phenol, 2,4,6-trichloro- | | See F027 | 93-72-1 | Propanoic acid, 2-(2,4,5-trichlorophenoxy)- | | See F027 | 93-72-1 | Silvex (2,4,5-TP) | | See F027 | 93-76-5 | 2,4,5-T | | See F027 | 58-90-2 | 2,3,4,6-Tetrachlorophenol | | See F027 | 95-95-4 | 2,4,5-Trichlorophenol | | See F027 | 88-06-2 | 2,4,6-Trichlorophenol | | *CAS Number given for parent compound only. |
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Rule 3745-51-35 | Deletion of certain EPA hazardous waste numbers following equipment cleaning and replacement.
Effective:
October 31, 2015
(A) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing description of F032 once the generator has met all of the requirements of paragraphs (B) and (C) of this rule. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics. (B) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere. (1) Generators shall do one of the following: (a) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this rule. (b) Prepare and follow an equipment replacement plan and replace equipment in accordance with this rule. (c) Document cleaning and replacement in accordance with this rule, carried out after termination of use of chlorophenolic preservations. (2) Cleaning requirements. (a) Prepare and sign a written equipment cleaning plan that describes all of the following: (i) The equipment to be cleaned. (ii) How the equipment will be cleaned. (iii) The solvent to be used in cleaning. (iv) How solvent rinses will be tested. (v) How cleaning residues will be disposed. (b) Equipment shall be cleaned as follows: (i) Remove all visible residues from process equipment. (ii) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse. (c) Analytical requirements. (i) Rinses shall be tested by using an appropriate method. (ii) "Not detected" means at or below the lower method calibration limit (MCLs): The 2,3,7,8-TCDD-based MCL- 0.01 parts per trillion (ppt), sample weight of one thousand grams, IS spiking level of one ppt, final extraction volume of ten to fifty microliters. For other congeners- multiply the values by 1.0 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF, HpCDD/HpCDF, and by 5.0 for OCDD/OCDF. (d) The generator shall manage all residues from the cleaning process as F032 waste. (3) Replacement requirements. (a) Prepare and sign a written equipment replacement plan that describes all of the following: (i) The equipment to be replaced. (ii) How the equipment will be replaced. (iii) How the equipment will be disposed. (b) The generator shall manage the discarded equipment as F032 waste. (4) Documentation requirements. Document that previous equipment cleaning or replacement was performed in accordance with this rule and occurred after cessation of use of chlorophenolic preservatives. (C) The generator shall maintain all of the following records documenting the cleaning and replacement as part of the facility's operating record: (1) The name and address of the facility. (2) Formulations previously used and the date on which their use ceased in each process at the plant. (3) Formulations currently used in each process at the plant. (4) The equipment cleaning or replacement plan. (5) The name and address of any persons who conducted the cleaning and replacement. (6) The dates on which cleaning and replacement were accomplished. (7) The dates of sampling and testing. (8) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples. (9) A description of the tests performed, the date the tests were performed, and the results of the tests. (10) The name and model numbers of the instruments used in performing the tests. (11) Quality assurance/quality control (QA/QC) documentation. (12) The following statement signed by the generator or his authorized representative: "I certify under penalty of law that all process equipment required to be cleaned or replaced under rule 3745-51-35 of the Administrative Code was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment." [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 3745-51-39 | Conditional exclusion for used, broken CRTs and processed CRT glass undergoing recycling.
Effective:
October 5, 2020
Used, broken cathode ray tubes (CRTs) are not
wastes if the CRTs meet the following conditions: (A) Prior to processing. These materials
are not wastes if the materials are destined for recycling and if the materials
meet the following requirements: (1) Storage. The broken
CRTs shall be either: (a) Stored in a building with a roof, floor, and
walls. (b) Placed in a container (i.e., a package or a vehicle) that is
constructed, filled, and closed to minimize releases to the environment of CRT
glass (including fine solid materials). (2) Labeling. Each
container in which the used, broken CRT is contained shall be labeled or marked
clearly with one of the following phrases: "Used cathode ray tubes-
contain leaded glass" or "Leaded glass from televisions or
computers." The container also shall be labeled "Do not mix with
other glass materials." (3) Transportation. The
used, broken CRTs shall be transported in a container that meets the
requirements of paragraphs (A)(1)(b) and (A)(2) of this rule. (4) Accumulating
speculatively and use constituting disposal. The used, broken CRTs are subject
to the limitations on being "accumulated speculatively" as provided
in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code. If the used,
broken CRTs are used in a manner constituting disposal, the used, broken CRTs
shall comply with the applicable requirements of rules 3745-266-20 to
3745-266-23 of the Administrative Code instead of this rule. (5) Exports. In addition
to the applicable conditions specified in paragraphs (A)(1) to (A)(4) of this
rule, exporters of used, broken CRTs shall notify U.S. EPA of an intended
export before the CRTs are scheduled to leave the United States, and shall
comply with the notification requirements in 40 C.F.R. 261.39 (a)(5)(i) to
(a)(5)(xi). [Comment: The exercise of foreign relations and
international commerce powers is reserved to the federal government under the
Constitution. These responsibilities are not delegable to the states.
Therefore, the importation and exportation of hazardous waste into and out of
the United States is solely regulated by the federal government.] (B) Requirements for used CRT processing.
Used, broken CRTs undergoing "CRT processing" as defined in rule
3745-50-10 of the Administrative Code are not wastes if such wastes meet the
following requirements: (1) Storage. Used, broken
CRTs undergoing processing are subject to the requirement of paragraph (A)(4)
of this rule. (2) Processing. (a) All activities specified in subparagraphs (b) and (c) of the
definition of "CRT processing" in rule 3745-50-10 of the
Administrative Code shall be performed within a building with a roof, floor,
and walls. (b) No activities may be performed that use temperatures high
enough to volatilize lead from CRTs. (C) Processed CRT glass sent to CRT glass
making or lead smelting. Glass from used CRTs that is destined for recycling at
a CRT glass manufacturer or a lead smelter after processing is not a waste
unless such glass is "accumulated speculatively" as defined in
paragraph (C)(8) of rule 3745-51-01 of the Administrative Code. (D) Use constituting disposal. Glass from
used CRTs that is used in a manner constituting disposal shall comply with
rules 3745-266-20 to 3745-266-23 of the Administrative Code instead of this
rule. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-51-40 | Conditional exclusion for used, intact CRTs exported for recycling.
Effective:
February 12, 2018
Used, intact cathode ray tubes (CRTs) exported for
recycling are not wastes if such CRTs meet the notice and consent conditions of
40 CFR 261.39(a)(5), and if such CRTs are not "accumulated
speculatively" as defined in paragraph (C)(8) of rule 3745-51-01 of the
Administrative Code. [Comment 1: The exercise of foreign relations and
international commerce powers is reserved to the federal government under the
Constitution. These responsibilities are not delegable to the states.
Therefore, the importation and exportation of hazardous waste into and out of
the United States is solely regulated by the federal government.] [Comment 2: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-51-41 | Notification and recordkeeping for used, intact CRTs exported for reuse.
Effective:
February 12, 2018
Any person wanting to export used, intact cathode
ray tubes (CRTs) to a foreign country shall comply with 40 CFR 261.41. [Comment 1: Ohio EPA shall recognize the
administrator's decisions under 40 CFR 261.41.] [Comment 2: The exercise of foreign relations and
international commerce powers is reserved to the federal government under the
Constitution. These responsibilities are not delegable to the states.
Therefore, the importation and exportation of hazardous waste into and out of
the United States is solely regulated by the federal government.] [Comment 3: 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 3745-51-100 | Financial assurance for seventy-two hour recyclers.
Effective:
September 29, 2021
Owners or operators of facilities that enter
recyclable materials into a recycling process within seventy-two hours after
arrival at the facility, except as provided in paragraph (A)(2) of rule
3745-51-06 of the Administrative Code, may store recyclable materials in
containers, tanks, or containment buildings without an Ohio hazardous waste
permit, provided that the financial assurance requirements of this rule are
met. All financial assurance documentation shall be approved by Ohio EPA prior
to storage of any material, and shall comply with this rule. (A) The owner or operator shall have a
detailed written estimate, in current dollars, of the cost of closing the
facility in accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule
3745-66-14 of the Administrative Code. The cost estimate: (1) Shall equal the cost
of final closure at the point in the active life of the facility when the
extent and manner of the facility's operation would make closure the most
expensive. (2) Shall be based on the
costs to the owner or operator of hiring a third party to close the facility. A
third party is a party who is neither a parent nor a subsidiary of the owner or
operator. (See the definition of "parent corporation" in rule
3745-66-41 of the Administrative Code.) (3) May not incorporate
any salvage value that may be realized with the sale of recyclable materials,
hazardous wastes, nonhazardous wastes, facility structures or equipment, or
land or other asset associated with the facility. (4) May not incorporate a
zero cost for recyclable materials, or hazardous wastes, or nonhazardous wastes
that might have economic value. (B) During the active life of the
facility, the owner or operator shall adjust the closure cost estimate for
inflation within sixty days prior to the anniversary date of the establishment
of the financial instruments used to comply with rule 3745-66-43 of the
Administrative Code. For owners or operators using the financial test, the cost
estimate shall be updated for inflation within thirty days after the close of
the firm's fiscal year and before, or in conjunction with, submittal of
updated information to the director as specified in paragraph (E)(3) of rule
3745-66-43 of the Administrative Code. The adjustment may be made by
recalculating the closure cost estimate in current dollars, or by using an
inflation factor derived as specified in 40 CFR 265.142(b). (1) The first adjustment
is made by multiplying the closure cost estimate by the inflation factor. The
result is the adjusted closure cost estimate. (2) Subsequent
adjustments are made by multiplying the latest adjusted closure cost estimate
by the latest inflation factor. (C) During the active life of the
facility, the owner or operator shall revise the closure cost estimate no later
than thirty days after a change in owner or operator's closure
requirements that would increase the cost of closure, or no later than sixty
days after an unexpected event which increases the cost of closure in
accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14
of the Administrative Code. The revised cost estimate shall be adjusted for
inflation as specified in paragraph (B) of this rule. The revised closure cost
estimate shall be submitted to the director within thirty days after the
estimate is revised. (D) The owner or operator shall keep at
the facility during the active life of the facility the latest closure cost
estimate prepared in accordance with paragraphs (A) and (C) of this rule, and,
when this estimate was adjusted in accordance with paragraph (B) of this rule,
the latest closure cost estimate. (E) A copy of the facility's
current, detailed closure cost estimate prepared in accordance with paragraphs
(A) and (B) of this rule shall be submitted annually to the
director. (1) For owners and
operators using a financial mechanism other than the financial test, such
submittal of the closure cost estimate shall be made within thirty days after a
revision or update to the estimate made in accordance with paragraph (B) of
this rule. (2) For owners and
operators using a financial test, such submittal of the closure cost estimate
shall be made within ninety days after the close of the firm's fiscal year
following a revision or update to the estimate in accordance with paragraph (B)
of this rule. (F) The owner or operator shall provide
financial assurance documentation that meets the requirements of paragraphs (A)
to (G) of rule 3745-66-43 of the Administrative Code, except that where
paragraph (H) of rule 3745-66-43 of the Administrative Code is referenced in
paragraphs (A) to (G) of rule 3745-66-43 of the Administrative Code, that
requirement shall be replaced with the requirements of paragraph (G) of this
rule. (G) Release of the owner or operator from
the requirement to provide financial assurance in accordance with paragraph (F)
of this rule. Within sixty days after receipt of written documentation from the
owner or operator that the final closure was completed in accordance with
paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the
Administrative Code, the director will notify the owner or operator in writing
that the owner or operator is no longer required by this rule to maintain
financial assurance for final closure of the facility, unless the director has
reason to believe that final closure was not in accordance with paragraphs (A)
and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code. The
director will provide the owner or operator a detailed written statement of any
such reason to believe final closure was not completed. (H) The owner or operator shall provide
liability coverage for sudden accidental occurrences that meet the requirements
of paragraph (A) of rule 3745-66-47 of the Administrative Code. (I) Period of liability coverage. Within
sixty days after receipt of written documentation from the owner or operator
that final closure was completed in accordance with paragraphs (A) and (B) of
rule 3745-66-11 and rule 3745-66-14 of the Administrative Code, the director
will notify the owner or operator in writing that the owner or operator is no
longer required by this rule to maintain liability coverage for that facility,
unless the director has reason to believe that final closure was not
completed. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated September 29, 2021 at 8:44 AM
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Rule 3745-51-140 | Applicability and definitions - financial requirements for management of excluded hazardous secondary materials.
(A) Applicability. Rules 3745-51-140 to
3745-51-151 of the Administrative Code apply to owners or operators of
reclamation and intermediate facilities managing hazardous secondary materials
excluded under paragraph (A)(24) of rule 3745-51-04 of the Administrative Code,
except as provided otherwise in rule 3745-51-140 of the Administrative
Code. (B) States and the federal government are
exempt from the financial assurance requirements of rules 3745-51-140 to
3745-51-151 of the Administrative Code. (C) Definitions. The terms defined in
paragraphs (D), (F), (G), and (H) of rule 3745-66-41 of the Administrative Code
have the same meanings in rules 3745-51-140 to 3745-51-151 of the
Administrative Code.
Last updated June 12, 2023 at 8:34 AM
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Rule 3745-51-142 | Cost estimate - management of excluded hazardous secondary materials.
(A) The owner or operator shall have a
detailed written estimate, in current dollars, of the cost of disposing of any
hazardous secondary material as listed or characteristic hazardous waste, and
the potential cost of closing the facility as a treatment, storage, and
disposal facility. (1) The estimate shall
equal the cost of conducting the activities described in paragraph (A) of this
rule at the point when the extent and manner of the facility's operation
would make these activities the most expensive. (2) The cost estimate
shall be based on the costs to the owner or operator of hiring a third party to
conduct these activities. A third party is a party who is neither a parent nor
a subsidiary of the owner or operator. [See definition of "parent
corporation" in paragraph (D) of rule 3745-66-41 of the Administrative
Code.] The owner or operator may use costs for on-site disposal in accordance
with applicable requirements if the owner or operator can demonstrate that
on-site disposal capacity will exist at all times over the life of the
facility. (3) The cost estimate may
not incorporate any salvage value that may be realized with the sale of
hazardous secondary materials, or hazardous or non-hazardous wastes if
applicable under paragraph (D) of rule 3745-66-13 of the Administrative Code,
facility structures or equipment, land, or other assets associated with the
facility. (4) The owner or operator
may not incorporate a zero cost for hazardous secondary materials, or hazardous
or non-hazardous wastes if applicable under paragraph (D) of rule 3745-66-13 of
the Administrative Code that might have economic value. (B) During the active life of the
facility, the owner or operator shall adjust the cost estimate for inflation
within sixty days prior to the anniversary date of the establishment of the
financial instruments used to comply with rule 3745-51-143 of the
Administrative Code. For owners and operators using the financial test or
corporate guarantee, the cost estimate shall be updated for inflation within
thirty days after the close of the firm's fiscal year and before submittal
of updated information to the director as specified in paragraph (E)(3) of rule
3745-51-143 of the Administrative Code. The adjustment may be made by
recalculating the cost estimate in current dollars, or by using an inflation
factor derived from the most recent "Implicit Price Deflator for Gross
National Product" published by the U.S. department of commerce in the
"Survey of Current Business," as specified in paragraphs (B)(1) and
(B)(2) of this rule. The inflation factor is the result of dividing the latest
published annual deflator by the deflator for the previous year. (1) The first adjustment
is made by multiplying the cost estimate by the inflation factor. The result is
the adjusted cost estimate. (2) Subsequent
adjustments are made by multiplying the latest adjusted cost estimate by the
latest inflation factor. (C) During the active life of the
facility, the owner or operator shall revise the cost estimate no later than
thirty days after a change in a facility's operating plan or design that
would increase the costs of conducting the activities described in paragraph
(A) of this rule or no later than sixty days after an unexpected event which
increases the cost of conducting the activities described in paragraph (A) of
this rule. The revised cost estimate shall be adjusted for inflation as
specified in paragraph (B) of this rule. (D) The owner or operator shall keep at
the facility during the operating life of the facility the latest cost estimate
prepared in accordance with paragraphs (A) and (C) of this rule and, when this
estimate has been adjusted in accordance with paragraph (B) of this rule, the
latest adjusted cost estimate. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled Incorporated by
reference.]
Last updated June 12, 2023 at 8:34 AM
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Rule 3745-51-143 | Financial assurance condition - management of excluded hazardous secondary materials.
Under paragraph (A)(24)(f)(vi) of rule 3745-51-04
of the Administrative Code, an owner or operator of a reclamation or
intermediate facility shall have financial assurance as a condition of the
exclusion as required under paragraph (A)(24) of rule 3745-51-04 of the
Administrative Code. The owner or operator shall choose from the options as
specified in paragraphs (A) to (E) of this rule. (A) Trust fund. (1) An owner or operator
may satisfy the requirements of this rule by establishing a trust fund which
conforms to the requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the director. The trustee shall be
an entity which has the authority to act as a trustee and whose trust
operations are regulated and examined by a federal or state
agency. (2) The wording of the
trust agreement shall be identical to the wording specified in paragraph (A)(1)
of rule 3745-51-151 of the Administrative Code, and the trust agreement shall
be accompanied by a formal certification of acknowledgment [for example, see
paragraph (A)(2) of rule 3745-51-151 of the Administrative Code.]
"Schedule A" of the trust agreement shall be updated within sixty
days after a change in the amount of the current cost estimate covered by the
agreement. (3) The trust fund shall
be funded for the full amount of the current cost estimate before the trust
fund may be relied upon to satisfy the requirements of this rule. (4) Whenever the current
cost estimate changes, the owner or operator shall compare the new estimate
with the trustee's most recent annual valuation of the trust fund. If the
value of the trust fund is less than the amount of the new estimate, the owner
or operator, within sixty days after the change in the cost estimate, shall
either deposit an amount into the trust fund so that the value of the trust
fund after this deposit at least equals the amount of the current cost
estimate, or obtain other financial assurance as specified in this rule to
cover the difference. (5) If the value of the
trust fund is greater than the total amount of the current cost estimate, the
owner or operator may submit a written request to the director for release of
the amount in excess of the current cost estimate. (6) If an owner or
operator substitutes other financial assurance as specified in this rule for
all or part of the trust fund, the owner or operator may submit a written
request to the director for release of the amount in excess of the current cost
estimate covered by the trust fund. (7) Within sixty days
after receiving a request from the owner or operator for release of funds as
specified in paragraph (A)(5) or (A)(6) of this rule, the director will
instruct the trustee to release to the owner or operator such funds as the
director specifies in writing. If the owner or operator begins final closure
under rules 3745-55-10 to 3745-55-20 or 3745-66-10 to 3745-66-21 of the
Administrative Code, an owner or operator may request reimbursements for
partial or final closure expenditures by submitting itemized bills to the
director. The owner or operator may request reimbursements for partial closure
only if sufficient funds are remaining in the trust fund to cover the maximum
costs of closing the facility over the remaining operating life of the
facility. No later than sixty days after receiving bills for partial or final
closure activities, the director will instruct the trustee to make
reimbursements in those amounts as the director specifies in writing, if the
director determines that the partial or final closure expenditures are in
accordance with the approved closure plan, or otherwise justified. If the
director has reason to believe that the maximum cost of closure over the
remaining life of the facility will be significantly greater than the value of
the trust fund, the director may withhold reimbursements of such amounts as the
director deems prudent until the director determines, in accordance with
paragraph (H) of rule 3745-66-43 of the Administrative Code that the owner or
operator is no longer required to maintain financial assurance for final
closure of the facility. If the director does not instruct the trustee to make
such reimbursements, the director will provide to the owner or operator a
detailed written statement of reasons. (8) The director will
agree to termination of the trust when: (a) An owner or operator substitutes alternate financial
assurance as specified in this rule; or (b) The director releases the owner or operator from the
requirements of this rule in accordance with paragraph (I) of this
rule. (B) Surety bond guaranteeing payment into
a trust fund. (1) An owner or operator
may satisfy the requirements of this rule by obtaining a surety bond which
conforms to the requirements of this paragraph and submitting the bond to the
director. The surety company issuing the bond, at a minimum, shall be among
those listed as acceptable sureties on federal bonds in "Circular
570" of the U.S. department of the treasury. (2) The wording of the
surety bond shall be identical to the wording specified in paragraph (B) of
rule 3745-51-151 of the Administrative Code. (3) The owner or operator
who uses a surety bond to satisfy the requirements of this rule shall also
establish a standby trust fund. Under the terms of the bond, all payments made
thereunder will be deposited by the surety directly into the standby trust fund
in accordance with instructions from the director. This standby trust fund
shall meet the requirements specified in paragraph (A) of this rule, except
that: (a) An originally signed duplicate of the trust agreement shall
be submitted to the director with the surety bond; and (b) Until the standby trust fund is funded pursuant to the
requirements of this rule, the following are not required: (i) Payments into the
trust fund as specified in paragraph (A) of this rule; (ii) Updating
"Schedule A" of the trust agreement [see paragraph (A) of rule
3745-51-151 of the Administrative Code] to show current cost
estimates; (iii) Annual valuations
as required by the trust agreement; and (iv) Notices of
nonpayment as required by the trust agreement. (4) The bond shall
guarantee that the owner or operator will: (a) Fund the standby trust fund in an amount equal to the penal
sum of the bond before loss of the exclusion under paragraph (A)(24) of rule
3745-51-04 of the Administrative Code; or (b) Fund the standby trust fund in an amount equal to the penal
sum within fifteen days after an administrative order to begin closure issued
by the director becomes final, or within fifteen days after an order to begin
closure is issued by a U.S. district court or other court of competent
jurisdiction; or (c) Provide alternate financial assurance as specified in this
rule, and obtain the director's written approval of the assurance
provided, within ninety days after receipt by both the owner or operator and
the director of a notice of cancellation of the bond from the
surety. (5) Under the terms of
the bond, the surety will become liable on the bond obligation when the owner
or operator fails to perform as guaranteed by the bond. (6) The penal sum of the
bond shall be in an amount at least equal to the current cost estimate, except
as provided in paragraph (F) of this rule. (7) Whenever the current
cost estimate increases to an amount greater than the penal sum, the owner or
operator, within sixty days after the increase, shall either cause the penal
sum to be increased to an amount at least equal to the current cost estimate
and submit evidence of such increase to the director, or obtain other financial
assurance as specified in this rule to cover the increase. Whenever the current
cost estimate decreases, the penal sum may be reduced to the amount of the
current cost estimate after written approval by the director. (8) Under the terms of
the bond, the surety may cancel the bond by sending notice of cancellation by
certified mail to the owner or operator and to the director. Cancellation may
not occur, however, during the one hundred twenty days beginning on the date of
receipt of the notice of cancellation by both the owner or operator and the
director, as evidenced by the return receipts. (9) The owner or operator
may cancel the bond if the director has given prior written consent based on
the director's receipt of evidence of alternate financial assurance as
specified in this rule. (C) Letter of credit. (1) An owner or operator
may satisfy the requirements of this rule by obtaining an irrevocable standby
letter of credit which conforms to the requirements of this paragraph and
submitting the letter to the director. The issuing institution shall be an
entity which has the authority to issue letters of credit and whose
letter-of-credit operations are regulated and examined by a federal or state
agency. (2) The wording of the
letter of credit shall be identical to the wording specified in paragraph (C)
of rule 3745-51-151 of the Administrative Code. (3) An owner or operator
who uses a letter of credit to satisfy the requirements of this rule shall also
establish a standby trust fund. Under the terms of the letter of credit, all
amounts paid pursuant to a draft by the director will be deposited by the
issuing institution directly into the standby trust fund in accordance with
instructions from the director. This standby trust fund shall meet the
requirements of the trust fund specified in paragraph (A) of this rule, except
that: (a) An originally signed duplicate of the trust agreement shall
be submitted to the director with the letter of credit; and (b) Unless the standby trust fund is funded pursuant to the
requirements of this rule, the following are not required: (i) Payments into the
trust fund as specified in paragraph (A) of this rule; (ii) Updating of
"Schedule A" of the trust agreement [see paragraph (A) of rule
3745-51-151 of the Administrative Code] to show current cost
estimates; (iii) Annual valuations
as required by the trust agreement; and (iv) Notices of
nonpayment as required by the trust agreement. (4) The letter of credit
shall be accompanied by a letter from the owner or operator referring to the
letter of credit by number, issuing institution, and date, and providing the
U.S. EPA identification number (if any issued), name, and address of the
facility, and the amount of funds assured for the facility by the letter of
credit. (5) The letter of credit
shall be irrevocable and issued for a period of at least one year. The letter
of credit shall provide that the expiration date will be automatically extended
for a period of at least one year unless, at least one hundred twenty days
before the current expiration date, the issuing institution notifies both the
owner or operator and the director by certified mail of a decision not to
extend the expiration date. Under the terms of the letter of credit, the one
hundred twenty days will begin on the date when both the owner or operator and
the director have received the notice, as evidenced by the return
receipts. (6) The letter of credit
shall be issued in an amount at least equal to the current cost estimate,
except as provided in paragraph (F) of this rule. (7) Whenever the current
cost estimate increases to an amount greater than the amount of the credit, the
owner or operator, within sixty days after the increase, shall either cause the
amount of the credit to be increased so that the amount of the credit at least
equals the current cost estimate and submit evidence of such increase to the
director, or obtain other financial assurance as specified in this rule to
cover the increase. Whenever the current cost estimate decreases, the amount of
the credit may be reduced to the amount of the current cost estimate after
written approval by the director. (8) After a determination
by the director that the hazardous secondary materials do not meet the
conditions of the exclusion under paragraph (A)(24) of rule 3745-51-04 of the
Administrative Code, the director may draw on the letter of
credit. (9) If the owner or
operator does not establish alternate financial assurance as specified in this
rule and obtain written approval of such alternate assurance from the director
within ninety days after receipt by both the owner or operator and the director
of a notice from the issuing institution that the issuing institution has
decided not to extend the letter of credit beyond the current expiration date,
the director will draw on the letter of credit. The director may delay the
drawing if the issuing institution grants an extension of the term of the
credit. During the last thirty days of any such extension, the director will
draw on the letter of credit if the owner or operator has failed to provide
alternate financial assurance as specified in this rule and obtain written
approval of such assurance from the director. (10) The director will
return the letter of credit to the issuing institution for termination
when: (a) An owner or operator substitutes alternate financial
assurance as specified in this rule; or (b) The director releases the owner or operator from the
requirements of this rule in accordance with paragraph (I) of this
rule. (D) Insurance. (1) An owner or operator
may satisfy the requirements of this rule by obtaining insurance which conforms
to the requirements of this paragraph and submitting a certificate of such
insurance to the director. At a minimum, the insurer shall be licensed to
transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer, in one or more states. (2) The wording of the
certificate of insurance shall be identical to the wording specified in
paragraph (D) of rule 3745-51-151 of the Administrative Code. (3) The insurance policy
shall be issued for a face amount at least equal to the current cost estimate,
except as provided in paragraph (F) of this rule. The term "face
amount" means the total amount the insurer is obligated to pay under the
policy. Actual payments by the insurer will not change the face amount,
although the insurer's future liability will be lowered by the amount of
the payments. (4) The insurance policy
shall guarantee that funds will be available whenever needed to pay the cost of
removal of all hazardous secondary materials from the unit, to pay the cost of
decontamination of the unit, to pay the costs of the performance of activities
required under rules 3745-55-10 to 3745-55-20 or 3745-66-10 to 3745-66-21 of
the Administrative Code, as applicable, for the facilities covered by this
policy. The policy also shall guarantee that once funds are needed, the insurer
will be responsible for paying out funds, up to an amount equal to the face
amount of the policy, upon the direction of the director, to such party or
parties as the director specifies. (5) After beginning
partial or final closure under Chapters 3745-54 to 3745-57 and 3745-205 or
3745-65 to 3745-69 and 3745-256 of the Administrative Code, as applicable, an
owner or operator or any other authorized person may request reimbursements for
closure expenditures by submitting itemized bills to the director. The owner or
operator may request reimbursements only if the remaining value of the policy
is sufficient to cover the maximum costs of closing the facility over the
facility's remaining operating life. Within sixty days after receiving
bills for closure activities, the director will instruct the insurer to make
reimbursements in such amounts as the director specifies in writing if the
director determines that the expenditures are in accordance with the approved
plan or otherwise justified. If the director has reason to believe that the
maximum cost over the remaining life of the facility will be significantly
greater than the face amount of the policy, the director may withhold
reimbursement of such amounts as the director deems prudent until the director
determines, in accordance with paragraph (H) of this rule, that the owner or
operator is no longer required to maintain financial assurance for the
particular facility. If the director does not instruct the insurer to make such
reimbursements, the director will provide to the owner or operator a detailed
written statement of reasons. (6) The owner or operator
shall maintain the policy in full force and effect until the director consents
to termination of the policy by the owner or operator as specified in paragraph
(I)(10) of this rule. Failure to pay the premium, without substitution of
alternate financial assurance as specified in this rule, will constitute a
significant violation warranting such remedy as the director deems necessary.
Such violation will be deemed to begin upon receipt by the director of a notice
of future cancellation, termination, or failure to renew due to nonpayment of
the premium, rather than upon the date of expiration. (7) Each policy shall
contain a provision allowing assignment of the policy to a successor owner or
operator. Such assignment may be conditional upon consent of the insurer,
provided such consent is not unreasonably refused. (8) The policy shall
provide that the insurer may not cancel, terminate, or fail to renew the policy
except for failure to pay the premium. The automatic renewal of the policy, at
a minimum, shall provide the insured with the option of renewal at the face
amount of the expiring policy. If there is a failure to pay the premium, the
insurer may elect to cancel, terminate, or fail to renew the policy by sending
notice by certified mail to the owner or operator and the director.
Cancellation, termination, or failure to renew may not occur, however, during
the one hundred twenty days beginning with the date of receipt of the notice by
both the director and the owner or operator, as evidenced by the return
receipts. Cancellation, termination, or failure to renew may not occur and the
policy will remain in full force and effect in the event that on or before the
date of expiration: (a) The director deems the facility abandoned; or (b) Conditional exclusion or permit by rule is lost or
terminated; or (c) Closure is ordered by the director or a U.S. district court
or other court of competent jurisdiction; or (d) The owner or operator is named as debtor in a voluntary or
involuntary proceeding under U.S.C. Title 11 (bankruptcy); or (e) The premium due is paid. (9) Whenever the current
cost estimate increases to an amount greater than the face amount of the
policy, the owner or operator, within sixty days after the increase, shall
either cause the face amount to be increased to an amount at least equal to the
current cost estimate and submit evidence of such increase to the director, or
obtain other financial assurance as specified in this rule to cover the
increase. Whenever the current cost estimate decreases, the face amount may be
reduced to the amount of the current cost estimate after written approval by
the director. (10) The director will
give written consent to the owner or operator that the owner or operator may
terminate the insurance policy when: (a) An owner or operator substitutes alternate financial
assurance as specified in this rule; or (b) The director releases the owner or operator from the
requirements of this rule in accordance with paragraph (I) of this
rule. (E) Financial test and corporate
guarantee. (1) An owner or operator
may satisfy the requirements of this rule by demonstrating that the owner or
operator passes a financial test as specified in this paragraph. To pass this
test, the owner or operator shall meet the criteria of either paragraph
(E)(1)(a) or (E)(1)(b) of this rule: (a) The owner or operator shall have: (i) Two of these three
ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the
sum of net income plus depreciation, depletion, and amortization to total
liabilities greater than 0.1; and a ratio of current assets to current
liabilities greater than 1.5; and (ii) Net working capital
and tangible net worth each at least six times the sum of the current cost
estimates and the current plugging and abandonment cost estimates;
and (iii) Tangible net worth
of at least ten million dollars; and (iv) Assets located in
the United States amounting to at least ninety per cent of total assets or at
least six times the sum of the current cost estimates and the current plugging
and abandonment cost estimates. (b) The owner or operator shall have: (i) A current rating for
the owner's or operator's most recent bond issuance of "AAA, AA,
A, or BBB" as issued by "Standard and Poor's" or "Aaa,
Aa, A, or Baa" as issued by "Moody's"; and (ii) Tangible net worth
at least six times the sum of the current cost estimates and the current
plugging and abandonment cost estimates; and (iii) Tangible net worth
of at least ten million dollars; and (iv) Assets located in
the United States amounting to at least ninety per cent of total assets or at
least six times the sum of the current cost estimates and the current plugging
and abandonment cost estimates. (2) The phrase
"current cost estimates" as used in paragraph (E)(1) of this rule
refers to the cost estimates required to be shown in paragraphs 1 to 4 of the
letter from the owner's or operator's chief financial officer
[paragraph (E) of rule 3745-51-151 of the Administrative Code]. The phrase
"current plugging and abandonment cost estimates" as used in
paragraph (E)(1) of this rule refers to the cost estimates required to be shown
in paragraphs 1 to 4 of the letter from the owner's or operator's
chief financial officer (rules 3745-34-13 to 3745-34-15 of the Administrative
Code). (3) To demonstrate that
the owner or operator meets this test, the owner or operator shall submit the
following items to the director: (a) A letter signed by the owner's or operator's chief
financial officer and worded as specified in paragraph (E) of rule 3745-51-151
of the Administrative Code; and (b) A copy of the independent certified public accountant's
report on examination of the owner's or operator's financial
statements for the latest completed fiscal year; and (c) If the chief financial officer's letter providing
evidence of financial assurance includes financial data showing that the owner
or operator satisfies paragraph (E)(1)(a) of this rule that are different from
the data in the audited financial statements referred to in paragraph (E)(3)(b)
of this rule or any other audited financial statement or data filed with the
securities and exchange commission, then a special report from the owner's
or operator's independent certified public accountant to the owner or
operator is required. The special report shall be based upon an agreed upon
procedures engagement in accordance with professional auditing standards and
shall describe the procedures performed in comparing the data in the chief
financial officer's letter derived from the independently audited,
year-end financial statements for the latest fiscal year with the amounts in
such financial statements, the findings of the comparison, and the reasons for
any differences. (4) The owner or operator
may obtain an extension of the time allowed for submittal of the documents
specified in paragraph (E)(3) of this rule if the fiscal year of the owner or
operator ends during the ninety days prior to June 12, 2023, and if the
year-end financial statements for that fiscal year will be audited by an
independent, certified public accountant. The extension will end no later than
ninety days after the end of the owner's or operator's fiscal year.
To obtain the extension, the owner's or operator's chief financial
officer shall send, by June 12, 2023, a letter to the regional administrator of
each U.S. EPA region in which the owner's or operator's facilities to
be covered by the financial test are located. This letter from the chief
financial officer shall: (a) Request the extension; (b) Certify that the chief financial officer has grounds to
believe that the owner or operator meets the criteria of the financial
test; (c) Specify for each facility to be covered by the test the U.S.
EPA identification number (if any issued), name, address, and current cost
estimates to be covered by the test; (d) Specify the date ending the owner's or operator's
last complete fiscal year before June 12, 2023, in rules 3745-51-140 to
3745-51-151 of the Administrative Code; (e) Specify the date, no later than ninety days after the end of
such fiscal year, when the owner or operator will submit the documents
specified in paragraph (E)(3) of this rule; and (f) Certify that the year-end financial statements of the owner
or operator for such fiscal year will be audited by an independent certified
public accountant. (5) After the initial
submittal of items specified in paragraph (E)(3) of this rule, the owner or
operator shall send updated information to the director within ninety days
after the close of each succeeding fiscal year. This information shall consist
of all three items specified in paragraph (E)(3) of this rule. (6) If the owner or
operator no longer meets the requirements of paragraph (E)(1) of this rule, the
owner or operator shall send notice to the director of intent to establish
alternate financial assurance as specified in this rule. The notice shall be
sent by certified mail within ninety days after the end of the fiscal year for
which the year-end financial data show that the owner or operator no longer
meets the requirements. The owner or operator shall provide the alternate
financial assurance within one hundred twenty days after the end of such fiscal
year. (7) The director, based
on a reasonable belief that the owner or operator may no longer meet the
requirements of paragraph (E)(1) of this rule, may require reports of financial
condition at any time from the owner or operator in addition to those specified
in paragraph (E)(3) of this rule. If the director finds, on the basis of such
reports or other information, that the owner or operator no longer meets the
requirements of paragraph (E)(1) of this rule, the owner or operator shall
provide alternate financial assurance as specified in this rule within thirty
days after notification of such a finding. (8) The director may
disallow use of this test on the basis of qualifications in the opinion
expressed by the independent certified public accountant in his report on
examination of the owner's or operator's financial statements [see
paragraph (E)(3)(b) of this rule]. An adverse opinion or a disclaimer of
opinion will be cause for disallowance. The director will evaluate other
qualifications on an individual basis. The owner or operator shall provide
alternate financial assurance as specified in this rule within thirty days
after notification of the disallowance. (9) The owner or operator
is no longer required to submit the items specified in paragraph (E)(3) of this
rule when: (a) An owner or operator substitutes alternate financial
assurance as specified in this rule; or (b) The director releases the owner or operator from the
requirements of this rule in accordance with paragraph (I) of this
rule. (10) An owner or operator
may meet the requirements of this rule by obtaining a written guarantee. The
guarantor shall be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the
owner or operator, or a firm with a "substantial business
relationship" with the owner or operator. The guarantor shall meet the
requirements for owners or operators in paragraphs (E)(1) to (E)(8) of this
rule and shall comply with the terms of the guarantee. The wording of the
guarantee shall be identical to the wording specified in paragraph (G)(1) of
rule 3745-51-151 of the Administrative Code. A certified copy of the guarantee
shall accompany the items sent to the director as specified in paragraph (E)(3)
of this rule. One of these items shall be the letter from the guarantor's
chief financial officer. If the guarantor's parent corporation is also the
parent corporation of the owner or operator, the letter shall describe the
value received in consideration of the guarantee. If the guarantor is a firm
with a "substantial business relationship" with the owner or
operator, this letter shall describe this "substantial business
relationship" and the value received in consideration of the guarantee.
The terms of the guarantee shall provide that: (a) After a determination by the director that the hazardous
secondary materials at the owner's or operator's facility covered by
this guarantee do not meet the conditions of the exclusion under paragraph
(A)(24) of rule 3745-51-04 of the Administrative Code, the guarantor will
dispose of any hazardous secondary material as hazardous waste and close the
facility in accordance with closure requirements in Chapters 3745-54 to 3745-57
and 3745-205 or 3745-65 to 3745-69 and 3745-256 of the Administrative Code, as
applicable, or establish a trust fund as specified in paragraph (A) of this
rule in the name of the owner or operator in the amount of the current cost
estimate. (b) The corporate guarantee will remain in force unless the
guarantor sends notice of cancellation by certified mail to the owner or
operator and to the director. Cancellation may not occur, however, during the
one hundred twenty days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the director, as evidenced by
the return receipts. (c) If the owner or operator fails to provide alternate financial
assurance as specified in this rule and obtain the written approval of such
alternate assurance from the director within ninety days after receipt by both
the owner or operator and the director of a notice of cancellation of the
corporate guarantee from the guarantor, the guarantor will provide such
alternate financial assurance in the name of the owner or
operator. (F) Use of multiple financial mechanisms.
An owner or operator may satisfy the requirements of this rule by establishing
more than one financial mechanism per facility. These mechanisms are limited to
trust funds, surety bonds, letters of credit, and insurance. The mechanisms
shall be as specified in paragraphs (A) to (D) of this rule, respectively, of
this rule, except that it is the combination of mechanisms, rather than the
single mechanism, which shall provide financial assurance for an amount at
least equal to the current cost estimate. If an owner or operator uses a trust
fund in combination with a surety bond or a letter of credit, the owner or
operator may use the trust fund as the standby trust fund for the other
mechanisms. A single standby trust fund may be established for two or more
mechanisms. The director may use any or all of the mechanisms to provide for
the facility. (G) Use of a financial mechanism for
multiple facilities. An owner or operator may use a financial assurance
mechanism specified in this rule to meet the requirements of this rule for more
than one facility. Evidence of financial assurance submitted to the director
shall include a list showing, for each facility, the U.S. EPA identification
number (if any issued), name, address, and the amount of funds assured by the
mechanism. If the facilities covered by the mechanism are in more than one U.S.
EPA region, identical evidence of financial assurance shall be submitted to and
maintained with the regional administrators of all such regions. The amount of
funds available through the mechanism shall be no less than the sum of funds
that would be available if a separate mechanism had been established and
maintained for each facility. In directing funds available through the
mechanism for any of the facilities covered by the mechanism, the director may
direct only the amount of funds designated for that facility, unless the owner
or operator agrees to the use of additional funds available under the
mechanism. (H) Removal and decontamination plan for
release. (1) An owner or operator
of a reclamation facility or an intermediate facility who wishes to be released
from financial assurance obligations under paragraph (A)(24)(f)(vi) of rule
3745-51-04 of the Administrative Code shall submit a plan for removing all
hazardous secondary material residues to the director at least one hundred
eighty days prior to the date on which the owner or operator expects to cease
to operate under the exclusion. (2) The removal and
decontamination plan shall include at least: (a) For each hazardous secondary materials storage unit subject
to financial assurance requirements under paragraph (A)(24)(f)(vi) of rule
3745-51-04 of the Administrative Code, a description of how all excluded
hazardous secondary materials will be recycled or sent for recycling, and how
all residues, contaminated containment systems (liners, etc.), contaminated
soils, subsoils, structures, and equipment will be removed or decontaminated as
necessary to protect human health and the environment; and (b) A detailed description of the steps necessary to remove or
decontaminate all hazardous secondary material residues and contaminated
containment system components, equipment, structures, and soils including, but
not limited to, procedures for cleaning equipment and removing contaminated
soils, methods for sampling and testing surrounding soils, and criteria for
determining the extent of decontamination necessary to protect human health and
the environment; and (c) A detailed description of any other activities necessary to
protect human health and the environment during this time frame, including, but
not limited to, leachate collection, run-on and run-off control, etc.;
and (d) A schedule for conducting the activities described which, at
a minimum, includes the total time required to remove all excluded hazardous
secondary materials for recycling and decontaminate all units subject to
financial assurance under paragraph (A)(24)(f)(vi) of rule 3745-51-04 of the
Administrative Code and the time required for intervening activities which will
allow tracking of the progress of decontamination. (3) The director will
provide the owner or operator and the public, through a newspaper notice, the
opportunity to submit written comments on the plan and request modifications to
the plan no later than thirty days from the date of the notice. The director,
in response to a request or at the director's discretion, also shall hold
a public hearing whenever such a hearing might clarify one or more issues
concerning the plan. The director will give public notice of the public hearing
at least thirty days before the public hearing occurs. (Public notice of the
public hearing may be given at the same time as notice of the opportunity for
the public to submit written comments, and the two notices may be combined.)
The director will approve, modify, or disapprove the plan within ninety days
after receipt of the plan. If the director does not approve the plan, the
director shall provide the owner or operator with a detailed written statement
of reasons for the refusal and the owner or operator shall modify the plan or
submit a new plan for approval within thirty days after receiving such written
statement. The director will approve or modify this plan in writing within
sixty days. If the director modifies the plan, this modified plan becomes the
approved plan. The director shall assure that the approved plan is consistent
with paragraph (H) of this rule. A copy of the modified plan with a detailed
statement of reasons for the modifications shall be mailed to the owner or
operator. (4) Within sixty days
after completion of the activities described for each hazardous secondary
materials management unit, the owner or operator shall submit to the director,
by registered mail, a certification that all hazardous secondary materials have
been removed from the unit and the unit has been decontaminated in accordance
with the specifications in the approved plan. The certification shall be signed
by the owner or operator and by a qualified professional engineer.
Documentation supporting the professional engineer's certification shall
be furnished to the director, upon request, until the director releases the
owner or operator from the financial assurance requirements for paragraph
(A)(24)(f)(vi) of rule 3745-51-04 of the Administrative Code. (I) Release of the owner or operator from the requirements of
this rule. Within sixty days after receiving certifications from the owner or
operator and a qualified professional engineer that all hazardous secondary
materials have been removed from the facility or a unit at the facility and the
facility or a unit has been decontaminated in accordance with the approved
removal and decontamination plan per paragraph (H) of this rule, the director
will notify the owner or operator in writing that the owner or operator is no
longer required under paragraph (A)(24)(f)(vi) of rule 3745-51-04 of the
Administrative Code to maintain financial assurance for that facility or a unit
at the facility, unless the director has reason to believe that all hazardous
secondary materials have not been removed from the facility or unit at a
facility or that the facility or unit has not been decontaminated in accordance
with the approved plan. The director shall provide the owner or operator a
detailed written statement of any such reason to believe that all hazardous
secondary materials have not been removed from the unit or that the unit has
not been decontaminated in accordance with the approved plan. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 17, 2025 at 11:28 AM
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Rule 3745-51-147 | Liability requirements - management of excluded hazardous secondary materials.
(A) Coverage for sudden accidental
occurrences. An owner or operator of a hazardous secondary material reclamation
facility or an intermediate facility subject to financial assurance
requirements under paragraph (A)(24)(f)(vi) of rule 3745-51-04 of the
Administrative Code, or a group of such facilities, shall demonstrate financial
responsibility for bodily injury and property damage to third parties caused by
sudden accidental occurrences arising from operations of the facility or group
of facilities. The owner or operator shall have and maintain liability coverage
for sudden accidental occurrences in the amount of at least one million dollars
per occurrence with an annual aggregate of at least two million dollars,
exclusive of legal defense costs. This liability coverage may be demonstrated
as specified in paragraph (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A)(6) of
this rule: (1) An owner or operator
may demonstrate the required liability coverage by having liability insurance
as specified in this paragraph. (a) Each insurance policy shall be amended by attachment of the
"Hazardous Secondary Material Facility Liability Endorsement," or
evidenced by a "Certificate of Liability Insurance." The wording of
the endorsement shall be identical to the wording specified in paragraph (H) of
rule 3745-51-151 of the Administrative Code. The wording of the certificate of
insurance shall be identical to the wording specified in paragraph (I) of rule
3745-51-151 of the Administrative Code. The owner or operator shall submit a
signed duplicate original of the endorsement or the certificate of insurance to
the director, or directors if the facilities are located in more than one U.S.
EPA region. If requested by a director, the owner or operator shall provide a
signed duplicate original of the insurance policy. (b) Each insurance policy shall be issued by an insurer which, at
a minimum, is licensed to transact the business of insurance, or eligible to
provide insurance as an excess or surplus lines insurer, in one or more
states. (2) An owner or operator
may meet the requirements of this rule by passing a financial test or using the
guarantee for liability coverage as specified in paragraphs (F) and (G) of this
rule. (3) An owner or operator
may meet the requirements of this rule by obtaining a letter of credit for
liability coverage as specified in paragraph (H) of this rule. (4) An owner or operator
may meet the requirements of this rule by obtaining a surety bond for liability
coverage as specified in paragraph (I) of this rule. (5) An owner or operator
may meet the requirements of this rule by obtaining a trust fund for liability
coverage as specified in paragraph (J) of this rule. (6) An owner or operator
may demonstrate the required liability coverage through the use of combinations
of insurance, financial test, guarantee, letter of credit, surety bond, and
trust fund, except that the owner or operator may not combine a financial test
covering part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage demonstrated
shall total at least the minimum amounts required by this rule. If the owner or
operator demonstrates the required coverage through the use of a combination of
financial assurances under this paragraph, the owner or operator shall specify
at least one such assurance as "primary" coverage and shall specify
other assurance as "excess" coverage. (7) An owner or operator
shall notify the director in writing within thirty days whenever: (a) A claim results in a reduction in the amount of financial
assurance for liability coverage provided by a financial instrument authorized
in paragraphs (A)(1) to (A)(6) of this rule; or (b) A certification of valid claim for bodily injury or property
damages caused by a sudden or non-sudden accidental occurrence arising from the
operation of a hazardous secondary material reclamation facility or
intermediate facility is entered between the owner or operator and third-party
claimant for liability coverage under paragraphs (A)(1) to (A)(6) of this rule;
or (c) A final court order establishing a judgment for bodily injury
or property damage caused by a sudden or non-sudden accidental occurrence
arising from the operation of a hazardous secondary material reclamation
facility or intermediate facility is issued against the owner or operator or an
instrument that is providing financial assurance for liability coverage under
paragraphs (A)(1) to (A)(6) of this rule. (B) Coverage for non-sudden accidental
occurrences. An owner or operator of a "hazardous secondary material"
reclamation facility or "intermediate facility" with "land-based
units," as defined in rule 3745-50-10 of the Administrative Code, which
are used to manage hazardous secondary materials excluded under paragraph
(A)(24) of rule 3745-51-04 of the Administrative Code or a group of such
facilities, shall demonstrate financial responsibility for bodily injury and
property damage to third parties caused by non-sudden accidental occurrences
arising from operations of the facility or group of facilities. The owner or
operator shall have and maintain liability coverage for non-sudden accidental
occurrences in the amount of at least three million dollars per occurrence with
an annual aggregate of at least six million dollars, exclusive of legal defense
costs. An owner or operator who is required to meet the requirements of this
rule may combine the required per-occurrence coverage levels for sudden and
non-sudden accidental occurrences into a single per-occurrence level, and
combine the required annual aggregate coverage levels for sudden and non-sudden
accidental occurrences into a single annual aggregate level. Owners or
operators who combine coverage levels for sudden and non-sudden accidental
occurrences shall maintain liability coverage in the amount of at least four
million dollars per occurrence and eight million dollars annual aggregate. This
liability coverage may be demonstrated as specified in paragraph (B)(1),
(B)(2), (B)(3), (B)(4), (B)(5), or (B)(6) of this rule: (1) An owner or operator
may demonstrate the required liability coverage by having liability insurance
as specified in this paragraph. (a) Each insurance policy shall be amended by attachment of the
"Hazardous Secondary Material Facility Liability Endorsement" or
evidenced by a "Certificate of Liability Insurance." The wording of
the endorsement shall be identical to the wording specified in paragraph (H) of
rule 3745-51-151 of the Administrative Code. The wording of the certificate of
insurance shall be identical to the wording specified in paragraph (I) of rule
3745-51-151 of the Administrative Code. The owner or operator shall submit a
signed duplicate original of the endorsement or the certificate of insurance to
the director, or directors if the facilities are located in more than one U.S.
EPA region. If requested by a director, the owner or operator shall provide a
signed duplicate original of the insurance policy. (b) Each insurance policy shall be issued by an insurer which, at
a minimum, is licensed to transact the business of insurance, or eligible to
provide insurance as an excess or surplus lines insurer, in one or more
states. (2) An owner or operator
may meet the requirements of this rule by passing a financial test or using the
guarantee for liability coverage as specified in paragraphs (F) and (G) of this
rule. (3) An owner or operator
may meet the requirements of this rule by obtaining a letter of credit for
liability coverage as specified in paragraph (H) of this rule. (4) An owner or operator
may meet the requirements of this rule by obtaining a surety bond for liability
coverage as specified in paragraph (I) of this rule. (5) An owner or operator
may meet the requirements of this rule by obtaining a trust fund for liability
coverage as specified in paragraph (J) of this rule. (6) An owner or operator
may demonstrate the required liability coverage through the use of combinations
of insurance, financial test, guarantee, letter of credit, surety bond, and
trust fund, except that the owner or operator may not combine a financial test
covering part of the liability coverage requirement with a guarantee unless the
financial statement of the owner or operator is not consolidated with the
financial statement of the guarantor. The amounts of coverage demonstrated
shall total at least the minimum amounts required by this rule. If the owner or
operator demonstrates the required coverage through the use of a combination of
financial assurances under this paragraph, the owner or operator shall specify
at least one such assurance as "primary" coverage and shall specify
other assurance as "excess" coverage. (7) An owner or operator
shall notify the director in writing within thirty days whenever: (a) A claim results in a reduction in the amount of financial
assurance for liability coverage provided by a financial instrument authorized
in paragraphs (B)(1) to (B)(6) of this rule; or (b) A certification of valid claim for bodily injury or property
damages caused by a sudden or non-sudden accidental occurrence arising from the
operation of a hazardous secondary material treatment or storage facility is
entered between the owner or operator and third-party claimant for liability
coverage under paragraphs (B)(1) to (B)(6) of this rule; or (c) A final court order establishing a judgment for bodily injury
or property damage caused by a sudden or non-sudden accidental occurrence
arising from the operation of a hazardous secondary material treatment or
storage facility is issued against the owner or operator or an instrument that
is providing financial assurance for liability coverage under paragraphs (B)(1)
to (B)(6) of this rule. (C) Request for variance. If an owner or
operator can demonstrate to the satisfaction of the director that the levels of
financial responsibility required by paragraph (A) or (B) of this rule are not
consistent with the degree and duration of risk associated with treatment or
storage at the facility or group of facilities, the owner or operator may
obtain a variance from the director. The request for a variance shall be
submitted in writing to the director. If granted, the variance will take the
form of an adjusted level of required liability coverage, such level to be
based on the director's assessment of the degree and duration of risk
associated with the ownership or operation of the facility or group of
facilities. The director may require an owner or operator who requests a
variance to provide such technical and engineering information as is deemed
necessary by the director to determine a level of financial responsibility
other than that required by paragraph (A) or (B) of this rule. (D) Adjustments by the director. If the
director determines that the levels of financial responsibility required by
paragraph (A) or (B) of this rule are not consistent with the degree and
duration of risk associated with treatment or storage at the facility or group
of facilities, the director may adjust the level of financial responsibility
required under paragraph (A) or (B) of this rule as may be necessary to protect
human health and the environment. This adjusted level will be based on the
director's assessment of the degree and duration of risk associated with
the ownership or operation of the facility or group of facilities. In addition,
if the director determines that there is a significant risk to human health and
the environment from non-sudden accidental occurrences resulting from the
operations of a facility that is not a surface impoundment, pile, or land
treatment facility, the director may require that an owner or operator of the
facility comply with paragraph (B) of this rule. An owner or operator shall
furnish to the director, within a reasonable time, any information which the
director requests to determine whether cause exists for such adjustments of
level or type of coverage. (E) Period of coverage. Within sixty days
after receiving certifications from the owner or operator and a qualified
professional engineer that all hazardous secondary materials have been removed
from the facility or a unit at the facility and the facility or a unit has been
decontaminated in accordance with the approved plan under paragraph (H) of rule
3745-51-143 of the Administrative Code, the director will notify the owner or
operator in writing that the owner or operator is no longer required under
paragraph (A)(24)(f)(vi) of rule 3745-51-04 of the Administrative Code to
maintain liability coverage for that facility or a unit at the facility, unless
the director has reason to believe that that all hazardous secondary materials
have not been removed from the facility or unit at a facility or that the
facility or unit has not been decontaminated in accordance with the approved
plan. (F) Financial test for liability
coverage. (1) An owner or operator
may satisfy the requirements of this rule by demonstrating that the owner or
operator passes a financial test as specified in this paragraph. To pass this
test the owner or operator shall meet the criteria of paragraph (F)(1)(a) or
(F)(1)(b) of this rule: (a) The owner or operator shall have: (i) Net working capital
and tangible net worth each at least six times the amount of liability coverage
to be demonstrated by this test; and (ii) Tangible net worth
of at least ten million dollars; and (iii) Assets in the
United States amounting to either: (a) At least ninety per
cent of the owner's total assets; or (b) At least six times
the amount of liability coverage to be demonstrated by this test. (b) The owner or operator shall have: (i) A current rating for
the owner's most recent bond issuance of "AAA, AA, A, or BBB" as
issued by "Standard and Poor's," or "Aaa, Aa, A, or
Baa" as issued by "Moody's" and; (ii) Tangible net worth
of at least ten million dollars; and (iii) Tangible net worth
at least six times the amount of liability coverage to be demonstrated by this
test; and (iv) Assets in the United
States amounting to either: (a) At least ninety per
cent of the owner's total assets; or (b) At least six times
the amount of liability coverage to be demonstrated by this test. (2) The phrase
"amount of liability coverage" as used in paragraph (F)(1) of this
rule refers to the annual aggregate amounts for which coverage is required
under paragraphs (A) and (B) of this rule and the annual aggregate amounts for
which coverage is required under paragraphs (A) and (B) of rule 3745-55-47 of
the Administrative Code and paragraphs (A) and (B) of rule 3745-66-47 of the
Administrative Code. (3) To demonstrate that
the owner or operator meets this test, the owner or operator shall submit the
following three items to the director: (a) A letter signed by the owner's or operator's chief
financial officer and worded as specified in paragraph (F) of rule 3745-51-151
of the Administrative Code. If an owner or operator is using the financial test
to demonstrate both assurance as specified by paragraph (E) of rule 3745-51-143
of the Administrative Code, and liability coverage, the owner or operator shall
submit the letter specified in paragraph (F) of rule 3745-51-151 of the
Administrative Code to cover both forms of financial responsibility; a separate
letter as specified in paragraph (E) of rule 3745-51-151 of the Administrative
Code is not required. (b) A copy of the independent certified public accountant's
report on examination of the owner's or operator's financial
statements for the latest completed fiscal year. (c) If the chief financial officer's letter providing
evidence of financial assurance includes financial data showing that the owner
or operator satisfies paragraph (F)(1)(a) of this rule that are different from
the data in the audited financial statements referred to in paragraph (F)(3)(b)
of this rule or any other audited financial statement or data filed with the
securities and exchange commission, then a special report from the owner's
or operator's independent certified public accountant to the owner or
operator is required. The special report shall be based upon an agreed upon
procedures engagement in accordance with professional auditing standards and
shall describe the procedures performed in comparing the data in the chief
financial officer's letter derived from the independently audited,
year-end financial statements for the latest fiscal year with the amounts in
such financial statements, the findings of the comparison, and the reasons for
any difference. (4) The owner or operator
may obtain a one-time extension of the time allowed for submittal of the
documents specified in paragraph (F)(3) of this rule if the fiscal year of the
owner or operator ends during the ninety days prior to June 12, 2023, and if
the year-end financial statements for that fiscal year will be audited by an
independent certified public accountant. The extension will end no later than
ninety days after the end of the owner's or operator's fiscal year.
To obtain the extension, the owner's or operator's chief financial
officer shall send, by June 12, 2023, a letter to the director of each U.S. EPA
region in which the operator's facilities to be covered by the financial
test are located. This letter from the chief financial officer
shall: (a) Request the extension; (b) Certify that the chief financial officer has grounds to
believe that the owner or operator meets the criteria of the financial
test; (c) Specify for each facility to be covered by the test the U.S.
EPA identification number, name, address, the amount of liability coverage and,
when applicable, current closure and post-closure cost estimates to be covered
by the test; (d) Specify the date ending the owner's or operator's
last complete fiscal year before June 12, 2023; (e) Specify the date, no later than ninety days after the end of
such fiscal year, when the chief financial officer will submit the documents
specified in paragraph (F)(3) of this rule; and (f) Certify that the year-end financial statements of the owner
or operator for such fiscal year will be audited by an independent certified
public accountant. (5) After the initial
submittal of items specified in paragraph (F)(3) of this rule, the owner or
operator shall send updated information to the director within ninety days
after the close of each succeeding fiscal year. This information shall consist
of all three items specified in paragraph (F)(3) of this rule. (6) If the owner or
operator no longer meets the requirements of paragraph (F)(1) of this rule, the
owner or operator shall obtain insurance, a letter of credit, a surety bond, a
trust fund, or a guarantee for the entire amount of required liability coverage
as specified in this rule. Evidence of liability coverage shall be submitted to
the director within ninety days after the end of the fiscal year for which the
year-end financial data show that the owner or operator no longer meets the
test requirements. (7) The director may
disallow use of this test on the basis of qualifications in the opinion
expressed by the independent certified public accountant in the report on
examination of the owner's or operator's financial statements [see
paragraph (F)(3)(b) of this rule]. An adverse opinion or a disclaimer of
opinion will be cause for disallowance. The director will evaluate other
qualifications on an individual basis. The owner or operator shall provide
evidence of insurance for the entire amount of required liability coverage as
specified in this rule within thirty days after notification of
disallowance. (G) Guarantee for liability
coverage. (1) Subject to paragraph
(G)(2) of this rule, an owner or operator may meet the requirements of this
rule by obtaining a written guarantee, hereinafter referred to as
"guarantee." The guarantor shall be the direct or higher-tier parent
corporation of the owner or operator, a firm whose parent corporation is also
the parent corporation of the owner or operator, or a firm with a
"substantial business relationship" with the owner or operator. The
guarantor shall meet the requirements for owners or operators in paragraphs
(F)(1) to (F)(6) of this rule. The wording of the guarantee shall be identical
to the wording specified in paragraph (G)(2) of rule 3745-51-151 of the
Administrative Code. A certified copy of the guarantee shall accompany the
items sent to the director as specified in paragraph (F)(3) of this rule. One
of these items shall be the letter from the guarantor's chief financial
officer. If the guarantor's parent corporation is also the parent
corporation of the owner or operator, this letter shall describe the value
received in consideration of the guarantee. If the guarantor is a firm with a
"substantial business relationship" with the owner or operator, this
letter shall describe this "substantial business relationship" and
the value received in consideration of the guarantee. (a) If the owner or operator fails to satisfy a judgment based on
a determination of liability for bodily injury or property damage to third
parties caused by sudden or non-sudden accidental occurrences (or both as the
case may be), arising from the operation of facilities covered by this
corporate guarantee, or fails to pay an amount agreed to in settlement of
claims arising from or alleged to arise from such injury or damage, the
guarantor will do so up to the limits of coverage. (b) [Reserved.] (2) (a) In the case of corporations incorporated in the United
States, a guarantee may be used to satisfy the requirements of this rule only
if the attorneys general or insurance commissioners of: (i) The state in which
the guarantor is incorporated; and (ii) Each state in which
a facility covered by the guarantee is located have submitted a written
statement to Ohio EPA that a guarantee executed as described in this rule and
in paragraph (G)(2) of rule 3745-51-151 of the Administrative Code is a legally
valid and enforceable obligation in that state. (b) In the case of corporations incorporated outside the United
States, a guarantee may be used to satisfy the requirements of this rule only
if: (i) The non-U.S.
corporation has identified a registered agent for service of process in each
state in which a facility covered by the guarantee is located and in the state
in which the non-U.S. corporation has its principal place of business;
and (ii) The attorney general
or insurance commissioner of each state in which a facility covered by the
guarantee is located and the state in which the guarantor corporation has its
principal place of business, has submitted a written statement to Ohio EPA that
a guarantee executed as described in this rule and paragraph (G)(2) of rule
3745-51-151 of the Administrative Code is a legally valid and enforceable
obligation in that state. (H) Letter of credit for liability
coverage. (1) An owner or operator
may satisfy the requirements of this rule by obtaining an irrevocable standby
letter of credit that conforms to the requirements of this paragraph and
submitting a copy of the letter of credit to the director. (2) The financial
institution issuing the letter of credit shall be an entity that has the
authority to issue letters of credit and whose letter of credit operations are
regulated and examined by a federal or state agency. (3) The wording of the
letter of credit shall be identical to the wording specified in paragraph (J)
of rule 3745-51-151 of the Administrative Code. (4) An owner or operator
who uses a letter of credit to satisfy the requirements of this rule may also
establish a standby trust fund. Under the terms of such a letter of credit, all
amounts paid pursuant to a draft by the trustee of the standby trust will be
deposited by the issuing institution into the standby trust in accordance with
instructions from the trustee. The trustee of the standby trust fund shall be
an entity which has the authority to act as a trustee and whose trust
operations are regulated and examined by a federal or state
agency. (5) The wording of the
standby trust fund shall be identical to the wording specified in paragraph (M)
of rule 3745-51-151 of the Administrative Code. (I) Surety bond for liability
coverage. (1) An owner or operator
may satisfy the requirements of this rule by obtaining a surety bond that
conforms to the requirements of this paragraph and submitting a copy of the
bond to the director. (2) The surety company
issuing the bond shall be among those listed as acceptable sureties on federal
bonds in the most recent "Circular 570" of the U.S. department of the
treasury. (3) The wording of the
surety bond shall be identical to the wording specified in paragraph (K) of
rule 3745-51-151 of the Administrative Code. (4) A surety bond may be
used to satisfy the requirements of this rule only if the attorneys general or
insurance commissioners of: (a) The state in which the surety is incorporated;
and (b) Each state in which a facility covered by the surety bond is
located have submitted a written statement to Ohio EPA that a surety bond
executed as described in this rule and in paragraph (K) of rule 3745-51-151 of
the Administrative Code is a legally valid and enforceable obligation in that
state. (J) Trust fund for liability
coverage. (1) An owner or operator
may satisfy the requirements of this rule by establishing a trust fund that
conforms to the requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the director. (2) The trustee shall be
an entity which has the authority to act as a trustee and whose trust
operations are regulated and examined by a federal or state
agency. (3) The trust fund for
liability coverage shall be funded for the full amount of the liability
coverage to be provided by the trust fund before the trust fund may be relied
upon to satisfy the requirements of this rule. If at any time after the trust
fund is created the amount of funds in the trust fund is reduced below the full
amount of the liability coverage to be provided, the owner or operator, by the
anniversary date of the establishment of the trust fund, shall either add
sufficient funds to the trust fund to cause the value of the trust fund to
equal the full amount of liability coverage to be provided, or obtain other
financial assurance as specified in this rule to cover the difference. For
purposes of this paragraph, "the full amount of the liability coverage to
be provided" means the amount of coverage for sudden or non-sudden
occurrences required to be provided by the owner or operator by this rule, less
the amount of financial assurance for liability coverage that is being provided
by other financial assurance mechanisms being used to demonstrate financial
assurance by the owner or operator. (4) The wording of the
trust fund shall be identical to the wording specified in paragraph (L) of rule
3745-51-151 of the Administrative Code. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 17, 2025 at 11:28 AM
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Rule 3745-51-148 | Incapacity of owners or operators, guarantors, or financial institutions - management of excluded hazardous secondary materials.
(A) An owner or operator shall notify the
director by certified mail of the commencement of a voluntary or involuntary
proceeding under Title 11 (bankruptcy), U.S. Code, naming the owner or operator
as debtor, within ten days after commencement of the proceeding. A guarantor of
a corporate guarantee as specified in paragraph (E) of rule 3745-51-143 of the
Administrative Code shall make such a notification if he is named as debtor, as
required under the terms of the corporate guarantee. (B) An owner or operator who fulfills the requirements of
rule 3745-51-143 or 3745-51-147 of the Administrative Code by obtaining a trust
fund, surety bond, letter of credit, or insurance policy will be deemed to be
without the required financial assurance or liability coverage in the event of
bankruptcy of the trustee or issuing institution, or a suspension or revocation
of the authority of the trustee institution to act as trustee or of the
institution issuing the surety bond, letter of credit, or insurance policy to
issue such instruments. The owner or operator shall establish other financial
assurance or liability coverage within sixty days after such an
event. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 8:36 AM
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Rule 3745-51-151 | Wording of the instruments - management of excluded hazardous secondary materials.
(A) (1) A trust agreement for
a trust fund, as specified in paragraph (A) of rule 3745-51-143 of the
Administrative Code shall be ordered as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted: "Trust Agreement Trust Agreement, the "Agreement,"
entered into as of [date] by and between [name of the owner or operator], a
[name of state] [insert "corporation," "partnership,"
"association," or "proprietorship"], the
"Grantor," and [name of corporate trustee], [insert
"incorporated in the state of _______" or "a national
bank"], the "Trustee." Whereas, the Ohio Environmental Protection
Agency, "Ohio EPA," has established certain rules applicable to the
Grantor, requiring that an owner or operator of a facility regulated under
Chapters 3745-54 to 3745-57 and 3745-205 or 3745-65 to 3745-69 and 3745-256 of
the Administrative Code, or satisfying the conditions of the exclusion under
paragraph (A)(24) of rule 3745-51-04 of the Administrative Code shall provide
assurance that funds will be available if needed for care of the facility under
rules 3745-55-10 to 3745-55-20 or 3745-66-10 to 3745-66-21 of the
Administrative Code, as applicable, Whereas, the Grantor has elected to establish a
trust to provide all or part of such financial assurance for the facilities
identified herein, Whereas, the Grantor, acting through the
Guarantor's duly authorized officers, has selected the Trustee to be the
trustee under this agreement, and the Trustee is willing to act as
trustee, Now, Therefore, the Grantor and the Trustee
agree as follows: Section 1. Definitions. As used in this
Agreement: (a) The term "Grantor" means the
owner or operator who enters into this Agreement and any successors or assigns
of the Grantor. (b) The term "Trustee" means the
Trustee who enters into this Agreement and any successor Trustee. Section 2. Identification of Facilities and
Cost Estimates. This Agreement pertains to the facilities and cost estimates
identified on attached Schedule A [on Schedule A, for each facility list the
U.S. EPA identification number (if available), name, address, and the current
cost estimates, or portions thereof, for which financial assurance is
demonstrated by this Agreement]. Section 3. Establishment of Fund. The Grantor
and the Trustee hereby establish a trust fund, the "Fund," for the
benefit of Ohio EPA in the event that the hazardous secondary materials of the
grantor no longer meet the conditions of the exclusion under paragraph (A)(24)
of rule 3745-51-04 of the Administrative Code. The Grantor and the Trustee
intend that no third party have access to the Fund except as herein provided.
The Fund is established initially as consisting of the property, which is
acceptable to the Trustee, described in Schedule B attached hereto. Such
property and any other property subsequently transferred to the Trustee is
referred to as the Fund, together with all earnings and profits thereon, less
any payments or distributions made by the Trustee pursuant to this Agreement.
The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The
Trustee shall not be responsible nor shall the Trustee undertake any
responsibility for the amount or adequacy of, nor any duty to collect from the
Grantor, any payments necessary to discharge any liabilities of the Grantor
established by Ohio EPA. Section 4. Payments from the Fund. The Trustee
shall make payments from the Fund as the director shall direct, in writing, to
provide for the payment of the costs of the performance of activities required
under rules 3745-55-10 to 3745-55-20 or 3745-66-10 to 3745-66-21 of the
Administrative Code for the facilities covered by this Agreement. The Trustee
shall reimburse the Grantor or other persons as specified by the director from
the Fund for expenditures for such activities in such amounts as the
beneficiary shall direct in writing. In addition, the Trustee shall refund to
the Grantor such amounts as the director specifies in writing. Upon refund,
such funds shall no longer constitute part of the Fund as defined
herein. Section 5. Payments Comprising the Fund.
Payments made to the Trustee for the Fund shall consist of cash or securities
acceptable to the Trustee. Section 6. Trustee Management. The Trustee
shall invest and reinvest the principal and income of the Fund and keep the
Fund invested as a single fund, without distinction between principal and
income, in accordance with general investment policies and guidelines which the
Grantor may communicate in writing to the Trustee from time to time, subject,
however, to the provisions of this section. In investing, reinvesting,
exchanging, selling, and managing the Fund, the Trustee shall discharge the
Trustee's duties with respect to the trust fund solely in the interest of
the beneficiary and with the care, skill, prudence, and diligence under the
circumstances then prevailing which persons of prudence, acting in a like
capacity and familiar with such matters, would use in the conduct of an
enterprise of a like character and with like aims; except that: (a) Securities or other obligations of the
Grantor, or any other owner or operator of the facilities, or any of their
affiliates as defined in the Investment Company Act of 1940, shall not be
acquired or held, unless they are securities or other obligations of the
federal or a state government; (b) The Trustee is authorized to invest the
Fund in time or demand deposits of the Trustee, to the extent insured by an
agency of the federal or state government; and (c) The Trustee is authorized to hold cash
awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon. Section 7. Commingling and Investment. The
Trustee is expressly authorized in its discretion: (a) To transfer from time to time any or all of
the assets of the Fund to any common, commingled, or collective trust fund
created by the Trustee in which the Fund is eligible to participate, subject to
all of the provisions thereof, to be commingled with the assets of other trusts
participating therein; and (b) To purchase shares in any investment
company registered under the Investment Company Act of 1940, including one
which may be created, managed, underwritten, or to which investment advice is
rendered or the shares of which are sold by the Trustee. The Trustee may vote
such shares in its discretion. Section 8. Express Powers of Trustee. Without
in any way limiting the powers and discretions conferred upon the Trustee by
the other provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered: (a) To sell, exchange, convey, transfer, or
otherwise dispose of any property held by it, by public or private sale. No
person dealing with the Trustee shall be bound to see to the application of the
purchase money or to inquire into the validity or expediency of any such sale
or other disposition; (b) To make, execute, acknowledge, and deliver
any and all documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the powers herein
granted; (c) To register any securities held in the Fund
in its own name or in the name of a nominee and to hold any security in bearer
form or in book entry, or to combine certificates representing such securities
with certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities in a
qualified central depositary even though, when so deposited, such securities
may be merged and held in bulk in the name of the nominee of such depositary
with other securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United States
government, or any agency or instrumentality thereof, with a "Federal
Reserve" bank, but the books and records of the Trustee shall at all times
show that all such securities are part of the Fund; (d) To deposit any cash in the Fund in
interest-bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking
institution affiliated with the Trustee, to the extent insured by an agency of
the federal or state government; and (e) To compromise or otherwise adjust all
claims in favor of or against the Fund. Section 9. Taxes and Expenses. All taxes of any
kind that may be assessed or levied against or in respect of the Fund and all
brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of
this Trust, including fees for legal services rendered to the Trustee, the
compensation of the Trustee to the extent not paid directly by the Grantor, and
all other proper charges and disbursements of the Trustee shall be paid from
the Fund. Section 10. Annual Valuation. The Trustee shall
annually, at least thirty days prior to the anniversary date of establishment
of the Fund, furnish to the Grantor and to the director a statement confirming
the value of the Trust. Any securities in the Fund shall be valued at market
value as of no more than sixty days prior to the anniversary date of
establishment of the Fund. The failure of the Grantor to object in writing to
the Trustee within ninety days after the statement has been furnished to the
Grantor and the director shall constitute a conclusively binding assent by the
Grantor, barring the Grantor from asserting any claim or liability against the
Trustee with respect to matters disclosed in the statement. Section 11. Advice of Counsel. The Trustee may
from time to time consult with counsel, who may be counsel to the Grantor, with
respect to any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to the
extent permitted by law, in acting upon the advice of counsel. Section 12. Trustee Compensation. The Trustee
shall be entitled to reasonable compensation for its services as agreed upon in
writing from time to time with the Grantor. Section 13. Successor Trustee. The Trustee may
resign or the Grantor may replace the Trustee, but such resignation or
replacement shall not be effective until the Grantor has appointed a successor
trustee and this successor accepts the appointment. The successor trustee shall
have the same powers and duties as those conferred upon the Trustee hereunder.
Upon the successor trustee's acceptance of the appointment, the Trustee
shall assign, transfer, and pay over to the successor trustee the funds and
properties then constituting the Fund. If for any reason the Grantor cannot or
does not act in the event of the resignation of the Trustee, the Trustee may
apply to a court of competent jurisdiction for the appointment of a successor
trustee or for instructions. The successor trustee shall specify the date on
which the successor trustee assumes administration of the trust in a writing
sent to the Grantor, the director, and the present Trustee by certified mail
ten days before such change becomes effective. Any expenses incurred by the
Trustee as a result of any of the acts contemplated by this Section shall be
paid as provided in Section 9. Section 14. Instructions to the Trustee. All
orders, requests, and instructions by the Grantor to the Trustee shall be in
writing, signed by such persons as are designated in the attached Exhibit A or
such other designees as the Grantor may designate by amendment to Exhibit A.
The Trustee shall be fully protected in acting without inquiry in accordance
with the Grantor's orders, requests, and instructions. All orders,
requests, and instructions by the director to the Trustee shall be in writing,
signed by the director, or the director's designee, and the Trustee shall
act and shall be fully protected in acting in accordance with such orders,
requests, and instructions. The Trustee shall have the right to assume, in the
absence of written notice to the contrary, that no event constituting a change
or a termination of the authority of any person to act on behalf of the Grantor
or Ohio EPA hereunder has occurred. The Trustee shall have no duty to act in
the absence of such orders, requests, and instructions from the Grantor or Ohio
EPA, except as provided for herein. Section 15. Amendment of Agreement. This
Agreement may be amended by an instrument in writing executed by the Grantor,
the Trustee, and the director, or by the Trustee and the director if the
Grantor ceases to exist. Section 16. Irrevocability and Termination.
Subject to the right of the parties to amend this Agreement as provided in
Section 16, this Trust shall be irrevocable and shall continue until terminated
at the written agreement of the Grantor, the Trustee, and the director, or by
the Trustee and the director, if the Grantor ceases to exist. Upon termination
of the Trust, all remaining trust property, less final trust administration
expenses, shall be delivered to the Grantor. Section 17. Immunity and Indemnification. The
Trustee shall not incur personal liability of any nature in connection with any
act or omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor or the director issued in accordance
with this Agreement. The Trustee shall be indemnified and saved harmless by the
Grantor or from the Trust Fund, or both, from and against any personal
liability to which the Trustee may be subjected by reason of any act or conduct
in its official capacity, including all expenses reasonably incurred in its
defense in the event the Grantor fails to provide such defense. Section 18. Choice of Law. This Agreement shall
be administered, construed, and enforced according to the laws of the state of
[insert name of state]. Section 19. Interpretation. As used in this
Agreement, words in the singular include the plural and words in the plural
include the singular. The descriptive headings for each Section of this
Agreement shall not affect the interpretation or the legal efficacy of this
Agreement. In Witness Whereof the parties have caused this
Agreement to be executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first above
written: The parties below certify that the wording of this Agreement is
identical to the wording specified in paragraph (A)(1) of rule 3745-51-151 of
the Administrative Code as such rule was constituted on the date first above
written. [Signature of Grantor] [Title] Attest: [Title] [Seal] [Signature of Trustee] Attest: [Title] [Seal]" (2) The following is an
example of the certification of acknowledgment which shall accompany the trust
agreement for a trust fund as specified in paragraph (A) of rule 3745-51-143 of
the Administrative Code. "State of: ________ County of: _______ On this [date], before me personally came
[owner or operator] to me known, who, being by me duly sworn, did depose and
say that she/he resides at [address], that she/he is [title] of [corporation],
the corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of the Board
of Directors of said corporation, and that she/he signed her/his name thereto
by like order. [Signature of Notary Public]" (B) A surety bond guaranteeing payment
into a trust fund, as specified in paragraph (B) of rule 3745-51-143 of the
Administrative Code, shall be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted: "Financial Guarantee Bond Date bond executed: ____ Effective date: _____ Principal: [legal name and business address of
owner or operator] _____ Type of Organization: [insert
"individual," "joint venture," "partnership," or
"corporation"] State of incorporation: _____ Surety(ies): [name(s) and business
address(es)] U.S. EPA identification number, name, address and
amount(s) for each facility guaranteed by this bond: _____ Total penal sum of bond: $ ______ Surety's bond number: _______ Know All Persons By These Presents, That we, the
Principal and Surety(ies) are firmly bound to Ohio EPA in the event that the
hazardous secondary materials at the reclamation or intermediate facility
listed below no longer meet the conditions of the exclusion under paragraph
(A)(24) of rule 3745-51-04 of the Administrative Code in the above penal sum
for the payment of which we bind ourselves, our heirs, executors,
administrators, successors, and assigns jointly and severally; provided that,
where the Surety(ies) are corporations acting as co-sureties, we, the Sureties,
bind ourselves in such sum "jointly and severally" only for the
purpose of allowing a joint action or actions against any or all of us, and for
all other purposes each Surety binds itself, jointly and severally with the
Principal, for the payment of such sum only as is set forth opposite the name
of such Surety, but if no limit of liability is indicated, the limit of
liability shall be the full amount of the penal sum. Whereas said Principal is required to have an
Ohio EPA permit or permit by rule in order to own or operate each facility
identified above, or to meet conditions under paragraph (A)(24) of rule
3745-51-04 of the Administrative Code, and Whereas said Principal is required to provide
financial assurance as a condition of permit or permit by rule or as a
condition of an exclusion under paragraph (A)(24) of rule 3745-51-04 of the
Administrative Code, and Whereas said Principal shall establish a standby
trust fund as is required when a surety bond is used to provide such financial
assurance; Now, Therefore, the conditions of the obligation
are such that if the Principal shall faithfully, before the beginning of final
closure of each facility identified above, fund the standby trust fund in the
amount(s) identified above for the facility, Or, if the Principal shall satisfy all the
conditions established for exclusion of hazardous secondary materials from
coverage as waste under paragraph (A)(24) of rule 3745-51-04 of the
Administrative Code, Or, if the Principal shall fund the standby trust
fund in such amount(s) within fifteen days after a final order to begin closure
is issued by the director or a U.S. district court or other court of competent
jurisdiction, Or, if the Principal shall provide alternate
financial assurance, as specified in rules 3745-51-140 to 3745-51-151 of the
Administrative Code, as applicable, and obtain the director's written
approval of such assurance, within ninety days after the date notice of
cancellation is received by both the Principal and the director from the
Surety(ies), then this obligation shall be null and void; otherwise the
financial assurance is to remain in full force and effect. The Surety(ies) shall become liable on this bond
obligation only when the Principal has failed to fulfill the conditions
described above. Upon notification by the director that the Principal has
failed to perform as guaranteed by this bond, the Surety(ies) shall place funds
in the amount guaranteed for the facility(ies) into the standby trust fund as
directed by the director. The liability of the Surety(ies) shall not be
discharged by any payment or succession of payments hereunder, unless and until
such payment or payments shall amount in the aggregate to the penal sum of the
bond, but in no event shall the obligation of the Surety(ies) hereunder exceed
the amount of said penal sum. The Surety(ies) may cancel the bond by sending
notice of cancellation by certified mail to the Principal and to the director,
provided, however, that cancellation shall not occur during the one hundred
twenty days beginning on the date of receipt of the notice of cancellation by
both the Principal and the director, as evidenced by the return
receipts. The Principal may terminate this bond by sending
written notice to the Surety(ies), provided, however, that no such notice shall
become effective until the Surety(ies) receive(s) written authorization for
termination of the bond by the director. [The following paragraph is an optional rider
that may be included but is not required.] Principal and Surety(ies) hereby agree to adjust
the penal sum of the bond yearly so that it guarantees a new amount, provided
that the penal sum does not increase by more than twenty per cent in any one
year, and no decrease in the penal sum takes place without the written
permission of the director. In Witness Whereof, the Principal and Surety(ies)
have executed this Financial Guarantee Bond and have affixed their seals on the
date set forth above. The persons whose signatures appear below hereby
certify that they are authorized to execute this surety bond on behalf of the
Principal and Surety(ies) and that the wording of this surety bond is identical
to the wording specified in paragraph (B) of rule 3745-51-151 of the
Administrative Code as such rule was constituted on the date this bond was
executed. Principal [Signature(s)]_____ [Name(s)] _______ [Title(s)] ________ [Corporate seal] Corporate Surety(ies) [Name and address] State of incorporation: ________ Liability limit: $________ [Signature(s)] _______ [Name(s) and title(s)] _______ [Corporate seal] [For every co-surety, provide signature(s),
corporate seal, and other information in the same manner as for Surety
above.] Bond premium: $______" (C) A letter of credit, as specified in
paragraph (C) of rule 3745-51-142 of the Administrative Code, shall be worded
as follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted: "Irrevocable Standby Letter of Credit Director Irrevocable Standby Letter of Credit Ohio EPA Dear Sir or Madam: We hereby establish our
Irrevocable Standby Letter of Credit No.______ in your favor, in the event that
the hazardous secondary materials at the covered reclamation or intermediary
facility(ies) no longer meet the conditions of the exclusion under paragraph
(A)(24) of rule 3745-51-04 of the Administrative Code, at the request and for
the account of [owner's or operator's name and address] up to the
aggregate amount of [in words] U.S. dollars $______, available upon
presentation of (1) your sight draft, bearing reference to this
letter of credit No._____, and (2) your signed statement reading as follows:
"I certify that the amount of the draft is payable pursuant to regulations
issued under authority of Ohio EPA." This letter of credit is effective as of [date]
and shall expire on [date at least one year later], but such expiration date
shall be automatically extended for a period of [at least one year] on [date]
and on each successive expiration date, unless, at least one hundred twenty
days before the current expiration date, we notify both you and [owner's
or operator's name] by certified mail that we have decided not to extend
this letter of credit beyond the current expiration date. In the event you are
so notified, any unused portion of the credit shall be available upon
presentation of your sight draft for one hundred twenty days after the date of
receipt by both you and [owner's or operator's name], as shown on the
signed return receipts. Whenever this letter of credit is drawn on under
and in compliance with the terms of this credit, we shall duly honor such draft
upon presentation to us, and we shall deposit the amount of the draft directly
into the standby trust fund of [owner's or operator's name] in
accordance with your instructions. We certify that the wording of this letter of
credit is identical to the wording specified in paragraph (C) of rule
3745-51-151 of the Administrative Code as such rule was constituted on the date
shown immediately below. [Signature(s) and title(s) of official(s) of
issuing institution] [Date] This credit is subject to [insert "the most
recent edition of the Uniform Customs and Practice for Documentary Credits,
published and copyrighted by the International Chamber of Commerce," or
"the Uniform Commercial Code"]." (D) A certificate of insurance, as
specified in paragraph (E) of rule 3745-51-143 of the Administrative Code,
shall be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted: "Certificate of Insurance Name and Address of Insurer (herein called the
"Insurer"): ______ Name and Address of Insured (herein called the
"Insured"): _____ Facilities Covered: [List for each facility: The
U.S. EPA identification number (if any issued), name, address, and the amount
of insurance for all facilities covered, which shall total the face amount
shown below. Face Amount:_____ Policy Number:_____ Effective Date:_____ The Insurer hereby certifies that it has issued
to the Insured the policy of insurance identified above to provide financial
assurance so that in accordance with applicable rules all hazardous secondary
materials can be removed from the facility or any unit at the facility and the
facility or any unit at the facility can be decontaminated at the facilities
identified above. The Insurer further warrants that such policy conforms in all
respects with the requirements of paragraph (D) of rule 3745-51-143 of the
Administrative Code as applicable and as such rule was constituted on the date
shown immediately below. It is agreed that any provision of the policy
inconsistent with such rule is hereby amended to eliminate such
inconsistency. Whenever requested by director, the Insurer
agrees to furnish to the director a duplicate original of the policy listed
above, including all endorsements thereon. I hereby certify that the wording of this
certificate is identical to the wording specified in paragraph (D) of rule
3745-51-151 of the Administrative Code such rule was constituted on the date
shown immediately below. [Authorized signature for Insurer] [Name of person signing] [Title of person signing] Signature of witness or notary: ______ [Date]" (E) A letter from the chief financial
officer, as specified in paragraph (E) of rule 3745-51-143 of the
Administrative Code, shall be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted: "Letter From Chief Financial Officer [Address to director]. I am the chief financial officer of [name and
address of firm]. This letter is in support of this firm's use of the
financial test to demonstrate financial assurance, as specified in rules
3745-51-140 to 3745-51-151 of the Administrative Code. [Fill out the following nine paragraphs regarding
facilities and associated cost estimates. If your firm has no facilities that
belong in a particular paragraph, write "None" in the space
indicated. For each facility, include the facility's U.S. EPA
identification number (if any issued), name, address, and current cost
estimates.] 1. This firm is the owner or operator of the
following facilities for which financial assurance is demonstrated through the
financial test specified in rules 3745-51-140 to 3745-51-151 of the
Administrative Code. The current cost estimates covered by the test are shown
for each facility: _____. 2. This firm guarantees, through the guarantee
specified in rules 3745-51-140 to 3745-51-151 of the Administrative Code, the
following facilities owned or operated by the guaranteed party. The current
cost estimates so guaranteed are shown for each facility: _____. The firm
identified above is [insert one or more: (1) The direct or higher-tier parent
corporation of the owner or operator; (2) owned by the same parent corporation
as the parent corporation of the owner or operator, and receiving the following
value in consideration of this guarantee_____, or (3) engaged in the following
substantial business relationship with the owner or operator _____, and
receiving the following value in consideration of this guarantee _____].
[Attach a written description of the business relationship or a copy of the
contract establishing such relationship to this letter]. 3. In states where U.S. EPA is not administering
the financial requirements rules 3745-51-140 to 3745-51-151 of the
Administrative Code, this firm, as owner or operator or guarantor, is
demonstrating financial assurance for the following facilities through the use
of a test equivalent or substantially equivalent to the financial test
specified in rules 3745-51-140 to 3745-51-151 of the Administrative Code. The
current cost estimates covered by such a test are shown for each
facility:_____. 4. This firm is the owner or operator of the
following hazardous secondary materials management facilities for which
financial assurance is not demonstrated either to U.S. EPA or a state through
the financial test or any other financial assurance mechanism specified in
rules 3745-51-140 to 3745-51-151 of the Administrative Code or equivalent or
substantially equivalent state mechanisms. The current cost estimates not
covered by such financial assurance are shown for each facility:_____. 5. This firm is the owner or operator of the
following underground injection control facilities for which financial
assurance for plugging and abandonment is required under Chapter 3745-34 of the
Administrative Code. The current closure cost estimates as required by Chapter
3745-34 of the Adminsitrative Code are shown for each facility:_____. 6. This firm is the owner or operator of the
following facilities for which financial assurance for closure or post-closure
care is demonstrated through the financial test specified in rules 3745-55-40
to 3745-55-51 and 3745-66-40 to 3745-66-48 of the Administrative Code. The
current closure or post-closure cost estimates covered by the test are shown
for each facility: _____. 7. This firm guarantees, through the guarantee
specified in rules 3745-55-40 to 3745-55-51 and 3745-66-40 to 3745-66-48 of the
Administrative Code, the closure or post-closure care of the following
facilities owned or operated by the guaranteed party. The current cost
estimates for the closure or post-closure care so guaranteed are shown for each
facility: _____. The firm identified above is [insert one or more: (1) The
direct or higher-tier parent corporation of the owner or operator; (2) owned by
the same parent corporation as the parent corporation of the owner or operator,
and receiving the following value in consideration of this guarantee _____; or
(3) engaged in the following substantial business relationship with the owner
or operator ______, and receiving the following value in consideration of this
guarantee _____]. [Attach a written description of the business relationship or
a copy of the contract establishing such relationship to this letter]. 8. In states where U.S. EPA is not administering
the financial requirements of rules 3745-55-40 to 3745-55-51 or 3745-66-40 to
3745-66-48 of the Administrative Code, this firm, as owner or operator or
guarantor, is demonstrating financial assurance for the closure or post-closure
care of the following facilities through the use of a test equivalent or
substantially equivalent to the financial test specified in rules 3745-55-40 to
3745-55-51 and 3745-66-40 to 3745-66-48 of the Administrative Code. The current
closure or post-closure cost estimates covered by such a test are shown for
each facility: _____. 9. This firm is the owner or operator of the
following hazardous waste management facilities for which financial assurance
for closure or, if a disposal facility, post-closure care, is not demonstrated
either to U.S. EPA or a state through the financial test or any other financial
assurance mechanism specified in rules 3745-55-40 to 3745-55-51 and 3745-66-40
to 3745-66-48 of the Administrative Code or equivalent or substantially
equivalent state mechanisms. The current closure or post-closure cost estimates
not covered by such financial assurance are shown for each facility:
_____. This firm [insert "is required" or
"is not required"] to file a Form 10K with the securities and
exchange commission (SEC) for the latest fiscal year. The fiscal year of this firm ends on [month,
day]. The figures for the following items marked with an asterisk are derived
from this firm's independently audited, year-end financial statements for
the latest completed fiscal year, ended [date]. [Fill in Alternative I if the criteria of
paragraph (E)(1)(a) of rule 3745-51-143 of the Administrative Code are used.
Fill in Alternative II if the criteria of paragraph (E)(1)(b) of rule
3745-51-143 of the Administrative Code are used.] Alternative I 1. Sum of current cost estimates [total of all
cost estimates shown in the nine paragraphs above] $_____ *2. Total liabilities [if any portion of the cost
estimates is included in total liabilities, you may deduct the amount of that
portion from this line and add that amount to lines 3 and 4] $_____ *3. Tangible net worth $_____ *4. Net worth $_____ *5. Current assets $_____ *6. Current liabilities $_____ *7. Net working capital [line 5 minus line 6]
$_____ *8. The sum of net income plus depreciation,
depletion, and amortization $_____ *9. Total assets in U.S. (required only if less
than 90% of firm's assets are located in the U.S.) $_____ 10. Is line 3 at least $10 million? (Yes/No)
_____ 11. Is line 3 at least 6 times line 1? (Yes/No)
_____ 12. Is line 7 at least 6 times line 1? (Yes/No)
_____ *13. Are at least 90% of firm's assets
located in the U.S.? If not, complete line 14 (Yes/No) _____ 14. Is line 9 at least 6 times line 1? (Yes/No)
_____ 15. Is line 2 divided by line 4 less than 2.0?
(Yes/No) _____ 16. Is line 8 divided by line 2 greater than 0.1?
(Yes/No) _____ 17. Is line 5 divided by line 6 greater than 1.5?
(Yes/No) _____ Alternative II 1. Sum of current cost estimates [total of all
cost estimates shown in the eight paragraphs above] $_____ 2. Current bond rating of most recent issuance of
this firm and name of rating service _____ 3. Date of issuance of bond _____ 4. Date of maturity of bond _____ *5. Tangible net worth [if any portion of the
cost estimates is included in "total liabilities" on your firm's
financial statements, you may add the amount of that portion to this line]
$_____ *6. Total assets in U.S. (required only if less
than 90% of firm's assets are located in the U.S.) $_____ 7. Is line 5 at least $10 million? (Yes/No)
_____ 8. Is line 5 at least 6 times line 1? (Yes/No)
_____ *9. Are at least 90% of firm's assets
located in the U.S.? If not, complete line 10 (Yes/No) _____ 10. Is line 6 at least 6 times line 1? (Yes/No)
_____ I hereby certify that the wording of this letter
is identical to the wording specified in paragraph (E) of rule 3745-51-151 of
the Administrative Code as such rule was constituted on the date shown
immediately below. [Signature] ______ [Name] ______ [Title]
______[Date] ______" (F) A letter from the chief financial
officer, as specified in paragraph (F) of rule 3745-51-147 of the
Administrative Code, shall be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted. "Letter From Chief Financial Officer [Address to director]. I am the chief financial officer of [firm's
name and address]. This letter is in support of the use of the financial test
to demonstrate financial responsibility for liability coverage under rule
3745-51-147 of the Administrative Code [insert "and costs assured in
paragraph (E) of rule 3745-51-143 of the Administrative Code" if
applicable] as specified in rules 3745-51-140 to 3745-51-151 of the
Administrative Code. [Fill out the following paragraphs regarding
facilities and liability coverage. If there are no facilities that belong in a
particular paragraph, write "None" in the space indicated. For each
facility, include the facility's U.S. EPA identification number (if any
issued), name, and address]. The firm identified above is the owner or
operator of the following facilities for which liability coverage for [insert
"sudden" or "non-sudden" or "both sudden and
non-sudden"] accidental occurrences is being demonstrated through the
financial test specified in rules 3745-51-140 to 3745-51-151 of the
Administrative Code: ______ The firm identified above guarantees, through the
guarantee specified in rules 3745-51-140 to 3745-51-151 of the Administrative
Code, liability coverage for [insert "sudden" or
"non-sudden" or "both sudden and non-sudden"] accidental
occurrences at the following facilities owned or operated by the following:
______. The firm identified above is [insert one or more: (1) The direct or
higher-tier parent corporation of the owner or operator; (2) owned by the same
parent corporation as the parent corporation of the owner or operator, and
receiving the following value in consideration of this guarantee ______; or (3)
engaged in the following substantial business relationship with the owner or
operator ______, and receiving the following value in consideration of this
guarantee ______]. [Attach a written description of the business relationship
or a copy of the contract establishing such relationship to this
letter.] The firm identified above is the owner or
operator of the following facilities for which liability coverage for [insert
"sudden" or "non-sudden" or "both sudden and
non-sudden"] accidental occurrences is being demonstrated through the
financial test specified in rules 3745-55-40 to 3745-55-51 and 3745-66-40 to
3745-66-48 of the Administrative Code: ______ The firm identified above guarantees, through the
guarantee specified in rules 3745-55-40 to 3745-55-51 and 3745-66-40 to
3745-66-48 of the Administrative Code, liability coverage for [insert
"sudden" or "non-sudden" or "both sudden and
non-sudden"] accidental occurrences at the following facilities owned or
operated by the following: ______. The firm identified above is [insert one or
more: (1) The direct or higher-tier parent corporation of the owner or
operator; (2) owned by the same parent corporation as the parent corporation of
the owner or operator, and receiving the following value in consideration of
this guarantee ______; or (3) engaged in the following substantial business
relationship with the owner or operator ______, and receiving the following
value in consideration of this guarantee ______]. [Attach a written description
of the business relationship or a copy of the contract establishing such
relationship to this letter.] [If you are using the financial test to
demonstrate coverage of both liability and costs assured under paragraph (E) of
rule 3745-51-143 of the Administrative Code or closure or post-closure care
costs under rule 3745-55-43, 3745-55-45, 3745-66-43, or 3745-66-45 of the
Administrative Code, fill in the following nine paragraphs regarding facilities
and associated cost estimates. If there are no facilities that belong in a
particular paragraph, write "None" in the space indicated. For each
facility, include the facility's U.S. EPA identification number (if any
issued), name, address, and current cost estimates.] 1. This firm is the owner or operator of the
following facilities for which financial assurance is demonstrated through the
financial test specified in rules 3745-51-140 to 3745-51-151 of the
Administrative Code. The current cost estimates covered by the test are shown
for each facility: ______. 2. This firm guarantees, through the guarantee
specified in rules 3745-51-140 to 3745-51-151 of the Administrative Code, the
following facilities owned or operated by the guaranteed party. The current
cost estimates so guaranteed are shown for each facility:______. The firm
identified above is [insert one or more: (1) The direct or higher-tier parent
corporation of the owner or operator; (2) owned by the same parent corporation
as the parent corporation of the owner or operator, and receiving the following
value in consideration of this guarantee ______, or (3) engaged in the
following substantial business relationship with the owner or operator ______,
and receiving the following value in consideration of this guarantee ______].
[Attach a written description of the business relationship or a copy of the
contract establishing such relationship to this letter]. 3. In states where U.S. EPA is not administering
the financial requirements of rules 3745-51-140 to 3745-51-151 of the
Administrative Code, this firm, as owner or operator or guarantor, is
demonstrating financial assurance for the following facilities through the use
of a test equivalent or substantially equivalent to the financial test
specified in rules 3745-51-140 to 3745-51-151 of the Administrative Code. The
current cost estimates covered by such a test are shown for each
facility:______. 4. This firm is the owner or operator of the
following hazardous secondary materials management facilities for which
financial assurance is not demonstrated either to U.S. EPA or a state through
the financial test or any other financial assurance mechanism specified in
rules 3745-51-140 to 3745-51-151 of the Administrative Code or equivalent or
substantially equivalent state mechanisms. The current cost estimates not
covered by such financial assurance are shown for each facility:______. 5. This firm is the owner or operator of the
following underground injection control facilities for which financial
assurance for plugging and abandonment is required under Chapter 3745-34 of the
Administrative Code. The current closure cost estimates as required by Chapter
3745-34 of the Administrative Code are shown for each facility: ______. 6. This firm is the owner or operator of the
following facilities for which financial assurance for closure or post-closure
care is demonstrated through the financial test specified in rules 3745-55-40
to 3745-55-51 and 3745-66-40 to 3745-66-48 of the Administrative Code. The
current closure or post-closure cost estimates covered by the test are shown
for each facility: ______. 7. This firm guarantees, through the guarantee
specified in rules 3745-55-40 to 3745-55-51 and 3745-66-40 to 3745-66-48 of the
Administrative Code, the closure or post-closure care of the following
facilities owned or operated by the guaranteed party. The current cost
estimates for the closure or post-closure care so guaranteed are shown for each
facility: ______. The firm identified above is [insert one or more: (1) The
direct or higher-tier parent corporation of the owner or operator; (2) owned by
the same parent corporation as the parent corporation of the owner or operator,
and receiving the following value in consideration of this guarantee ______; or
(3) engaged in the following substantial business relationship with the owner
or operator ______, and receiving the following value in consideration of this
guarantee ______]. [Attach a written description of the business
relationship or a copy of the contract establishing such relationship to this
letter]. 8. In states where U.S. EPA is not administering
the financial requirements of rules 3745-55-40 to 3745-55-51 or 3745-66-40 to
3745-66-48 of the Administrative Code, this firm, as owner or operator or
guarantor, is demonstrating financial assurance for the closure or post-closure
care of the following facilities through the use of a test equivalent or
substantially equivalent to the financial test specified in rules 3745-55-40 to
3745-55-51 and 3745-66-40 to 3745-66-48 of the Administrative Code. The current
closure or post-closure cost estimates covered by such a test are shown for
each facility: ______. 9. This firm is the owner or operator of the
following hazardous waste management facilities for which financial assurance
for closure or, if a disposal facility, post-closure care, is not demonstrated
either to U.S. EPA or a state through the financial test or any other financial
assurance mechanism specified in rules 3745-55-40 to 3745-55-51 and 3745-66-40
to 3745-66-48 of the Administrative Code or equivalent or substantially
equivalent state mechanisms. The current closure or post-closure cost estimates
not covered by such financial assurance are shown for each facility:
_______. This firm [insert "is required" or
"is not required"] to file a Form 10K with the securities and
exchange commission (SEC) for the latest fiscal year. The fiscal year of this firm ends on [month,
day]. The figures for the following items marked with an asterisk are derived
from this firm's independently audited, year-end financial statements for
the latest completed fiscal year, ended [date]. Part A. Liability Coverage for Accidental
Occurrences [Fill in Alternative I if the criteria of
paragraph (F)(1)(a) of rule 374-51-147 of the Administrative Code are used.
Fill in Alternative II if the criteria of paragraph (F)(1)(b) of rule
3745-51-147 of the Administrative Code are used.] Alternative I 1. Amount of annual aggregate liability coverage
to be demonstrated $______. *2. Current assets $______. *3. Current liabilities $______. 4. Net working capital (line 2 minus line 3)
$______. *5. Tangible net worth $______. *6. If less than 90% of assets are located in the
U.S., give total U.S. assets $______. 7. Is line 5 at least $10 million? (Yes/No)
______. 8. Is line 4 at least 6 times line 1? (Yes/No)
______. 9. Is line 5 at least 6 times line 1? (Yes/No)
______. *10. Are at least 90% of assets located in the
U.S.? (Yes/No) ______. If not, complete line 11. 11. Is line 6 at least 6 times line 1? (Yes/No)
______. Alternative II 1. Amount of annual aggregate liability coverage
to be demonstrated $ ______. 2. Current bond rating of most recent issuance
and name of rating service ______. 3. Date of issuance of bond ______. 4. Date of maturity of bond ______. *5. Tangible net worth $______. *6. Total assets in U.S. (required only if less
than 90% of assets are located in the U.S.) $______. 7. Is line 5 at least $10 million? (Yes/No)
______. 8. Is line 5 at least 6 times line 1?
______. 9. Are at least 90% of assets located in the
U.S.? If not, complete line 10. (Yes/No) ______. 10. Is line 6 at least 6 times line 1?
______. [Fill in part B if you are using the financial
test to demonstrate assurance of both liability coverage and costs assured
under paragraph (E) of rule 3745-51-143 of the Administrative Code or closure
or post-closure care costs under rule 3745-55-43, 3745-55-45, 3745-66-43, or
3745-66-45 of the Administrative Code.] Part B. Facility Care and Liability
Coverage [Fill in Alternative I if the criteria of
paragraph (E)(1)(a) of rule 3745-51-143 of the Administrative Code and
paragraph (F)(1)(a) of rule 3745-51-147 of the Administrative Code are used.
Fill in Alternative II if the criteria of paragraph (E)(1)(b) of rule
3745-51-143 of the Administrative Code and paragraph (F)(1)(b) of rule
3745-51-147 of the Administrative Code are used.] Alternative I 1. Sum of current cost estimates (total of all
cost estimates listed above) $______ 2. Amount of annual aggregate liability coverage
to be demonstrated $______ 3. Sum of lines 1 and 2 $______ *4. Total liabilities (if any portion of your
cost estimates is included in your total liabilities, you may deduct that
portion from this line and add that amount to lines 5 and 6) $______ *5. Tangible net worth $______ *6. Net worth $______ *7. Current assets $______ *8. Current liabilities $______ 9. Net working capital (line 7 minus line 8)
$______ *10. The sum of net income plus depreciation,
depletion, and amortization $______ *11. Total assets in U.S. (required only if less
than 90% of assets are located in the U.S.) $______ 12. Is line 5 at least $10 million? (Yes/No)
______ 13. Is line 5 at least 6 times line 3? (Yes/No)
______ 14. Is line 9 at least 6 times line 3? (Yes/No)
______ *15. Are at least 90% of assets located in the
U.S.? (Yes/No) If not, complete line 16. 16. Is line 11 at least 6 times line 3? (Yes/No)
______ 17. Is line 4 divided by line 6 less than 2.0?
(Yes/No) 18. Is line 10 divided by line 4 greater than
0.1? (Yes/No) ______ 19. Is line 7 divided by line 8 greater than 1.5?
(Yes/No) ______ Alternative II 1. Sum of current cost estimates (total of all
cost estimates listed above) $ _____ 2. Amount of annual aggregate liability coverage
to be demonstrated $ _____ 3. Sum of lines 1 and 2 $ _____ 4. Current bond rating of most recent issuance
and name of rating service _____ 5. Date of issuance of bond _____ 6. Date of maturity of bond _____ *7. Tangible net worth (if any portion of the
cost estimates is included in "total liabilities" on your financial
statements you may add that portion to this line) $ _____ *8. Total assets in the U.S. (required only if
less than 90% of assets are located in the U.S.) $ _____ 9. Is line 7 at least $10 million? (Yes/No)
______ 10. Is line 7 at least 6 times line 3? (Yes/No)
______ *11. Are at least 90% of assets located in the
U.S.? (Yes/No) If not complete line 12. 12. Is line 8 at least 6 times line 3? (Yes/No)
______ I hereby certify that the wording of this letter
is identical to the wording specified in paragraph (F) of rule 3745-51-151 of
the Administrative Code as such rule was constituted on the date shown
immediately below. [Signature] ________ [Name] _______ [Title]
________ [Date] ________" (G) (1) A corporate
guarantee, as specified in paragraph (E) of rule 3745-51-143 of the
Administrative Code shall be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted: "Corporate Guarantee for Facility
Care Guarantee made this [date] by [name of
guaranteeing entity], a business corporation organized under the laws of the
state of [insert name of state], herein referred to as guarantor. This
guarantee is made on behalf of the [owner or operator] of [business address],
which is [one of the following: "our subsidiary"; "a subsidiary
of [name and address of common parent corporation], of which guarantor is a
subsidiary"; or "an entity with which guarantor has a substantial
business relationship, as defined in paragraph (H) of rule 3745-55-41 of the
Administrative Code and paragraph (H) of rule 3745-66-41 of the Administrative
Code" to the Ohio Environmental Protection Agency (Ohio EPA). Recitals 1. Guarantor meets or exceeds the financial
test criteria and agrees to comply with the reporting requirements for
guarantors as specified in paragraph (E) of rule 3745-51-143 of the
Administrative Code. 2. [Owner or operator] owns or operates the
following facility(ies) covered by this guarantee: [List for each facility:
U.S. EPA identification number (if any issued), name, and address. 3. "Closure plans" as used below
refer to the plans maintained as required by rules 3745-51-140 to 3745-51-151
of the Administrative Code for the care of facilities as identified above.
4. For value received from [owner or operator],
guarantor guarantees that in the event of a determination by the director that
the hazardous secondary materials at the owner or operator's facility
covered by this guarantee do not meet the conditions of the exclusion under
paragraph (A)(24) of rule 3745-51-04 of the Administrative Code, the guarantor
will dispose of any hazardous secondary material as hazardous waste, and close
the facility in accordance with closure requirements in Chapters 3745-54 to
3745-57 and 3745-205 or 3745-65 to 3745-69 and 3745-256 of the Administrative
Code, as applicable, or establish a trust fund as specified in paragraph (A) of
rule 3745-51-143 of the Administrative Code in the name of the owner or
operator in the amount of the current cost estimate. 5. Guarantor agrees that if, at the end of any
fiscal year before termination of this guarantee, the guarantor fails to meet
the financial test criteria, guarantor shall send within ninety days, by
certified mail, notice to the director and to [owner or operator] that the
owner or operator intends to provide alternate financial assurance as specified
in rules 3745-51-140 to 3745-51-151 of the Administrative Code, as applicable,
in the name of [owner or operator]. Within one hundred twenty days after the
end of such fiscal year, the guarantor shall establish such financial assurance
unless [owner or operator] has done so. 6. The guarantor agrees to notify the director
by certified mail, of a voluntary or involuntary proceeding under U.S.C. Title
11 (bankruptcy), naming guarantor as debtor, within ten days after commencement
of the proceeding. 7. Guarantor agrees that within thirty days
after being notified by the director of a determination that guarantor no
longer meets the financial test criteria or that the Guarantor is disallowed
from continuing as a guarantor, the Guarantor shall establish alternate
financial assurance as specified in Chapters 3745-54 to 3745-57 and 3745-205 or
3745-65 to 3745-69 and 3745-256 of the Administrative Code or rules 3745-51-140
to 3745-51-151 of the Administrative Code, as applicable, in the name of [owner
or operator] unless [owner or operator] has done so. 8. Guarantor agrees to remain bound under this
guarantee notwithstanding any or all of the following: amendment or
modification of the closure plan, the extension or reduction of the time of
performance, or any other modification or alteration of an obligation of the
owner or operator pursuant to Chapters 3745-54 to 3745-57 and 3745-205 or
3745-65 to 3745-69 and 3745-256 of the Administrative Code or rules 3745-51-140
to 3745-51-151 of the Administrative Code. 9. Guarantor agrees to remain bound under this
guarantee for as long as [owner or operator] is required to comply with the
applicable financial assurance requirements of Chapters 3745-54 to 3745-57 and
3745-205 and 3745-65 to 3745-69 and 3745-256 of the Administrative Code or the
financial assurance condition of paragraph (A)(24)(f)(vi) of rule 3745-51-04 of
the Administrative Code for the above-listed facilities, except as provided in
paragraph 10 of this agreement. 10. [Insert the following language if the
guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose
parent corporation is also the parent corporation of the owner or
operator]: Guarantor may terminate this guarantee by
sending notice by certified mail to the director and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the owner
or operator] obtains, and the director approves, alternate coverage complying
with rule 3745-51-143 of the Administrative Code. [Insert the following language if the guarantor
is a firm qualifying as a guarantor due to its "substantial business
relationship" with the owner or operator]. Guarantor may terminate this guarantee one
hundred twenty days after the receipt of notification, through certified mail,
by the director and by [the owner or operator]. 11. Guarantor agrees that if [owner or
operator] fails to provide alternate financial assurance as specified in rules
3745-51-140 to 3745-51-151 of the Administrative Code or Chapters 3745-54 to
3745-57 and 3745-205 or 3745-65 to 3745-69 and 3745-256 of the Administrative
Code, as applicable, and obtain written approval of such assurance from the
director within ninety days after a notice of cancellation by the guarantor is
received by the director from guarantor, guarantor shall provide such alternate
financial assurance in the name of [owner or operator]. 12. Guarantor expressly waives notice of
acceptance of this guarantee by Ohio EPA or by [owner or operator]. Guarantor
also expressly waives notice of amendments or modifications of the closure plan
and of amendments or modifications of the applicable requirements of rules
3745-51-140 to 3745-51-151 of the Administrative Code or Chapters 3745-54 to
3745-57 and 3745-205 or 3745-65 to 3745-69 and 3745-256 of the Administrative
Code. I hereby certify that the wording of this
guarantee is identical to the wording specified in paragraph (G)(1) of rule
3745-51-151 of the Administrative Code as such rule was constituted on the date
first above written. Effective date:______ [Name of guarantor]______ [Authorized signature for
guarantor]______ [Name of person signing]______ [Title of person signing]______ Signature of witness or
notary:______" (2) A guarantee, as
specified in paragraph (G) of rule 3745-51-147 of the Administrative Code,
shall be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted: "Guarantee for Liability Coverage Guarantee made this [date] by [name of
guaranteeing entity], a business corporation organized under the laws of [if
incorporated within the United States insert "the state of ______"
and insert name of state; if incorporated outside the United States insert the
name of the country in which incorporated, the principal place of business
within the United States, and the name and address of the registered agent in
the state of the principal place of business], herein referred to as guarantor.
This guarantee is made on behalf of [owner or operator] of [business address],
which is one of the following: "our subsidiary;" "a subsidiary
of [name and address of common parent corporation], of which guarantor is a
subsidiary;" or "an entity with which guarantor has a substantial
business relationship, as defined in [either paragraph (H) of rule 3745-55-41
of the Administrative Code or paragraph (H) of rule 3745-66-41 of the
Administrative Code]," to any and all third parties who have sustained or
may sustain bodily injury or property damage caused by [sudden or non-sudden]
accidental occurrences arising from operation of the facility(ies) covered by
this guarantee. Recitals 1. Guarantor meets or exceeds the financial
test criteria and agrees to comply with the reporting requirements for
guarantors as specified in paragraph (G) of rule 3745-51-147 of the
Administrative Code. 2. [Owner or operator] owns or operates the
following facility(ies) covered by this guarantee: [List for each facility:
U.S. EPA identification number (if any issued), name, and address; and if
guarantor is incorporated outside the United States list the name and address
of the guarantor's registered agent in each state.] This corporate
guarantee satisfies the Ohio hazardous waste management rules' third-party
liability requirements for [insert "sudden" or "non-sudden"
or "both sudden and non-sudden"] accidental occurrences in
above-named owner or operator facilities for coverage in the amount of [insert
dollar amount] for each occurrence and [insert dollar amount] annual
aggregate. 3. For value received from [owner or operator],
guarantor guarantees to any and all third parties who have sustained or may
sustain bodily injury or property damage caused by [sudden or non-sudden]
accidental occurrences arising from operations of the facility(ies) covered by
this guarantee that in the event that [owner or operator] fails to satisfy a
judgment or award based on a determination of liability for bodily injury or
property damage to third parties caused by [sudden or non-sudden] accidental
occurrences, arising from the operation of the above-named facilities, or fails
to pay an amount agreed to in settlement of a claim arising from or alleged to
arise from such injury or damage, the guarantor will satisfy such judgment(s),
award(s) or settlement agreement(s) up to the limits of coverage identified
above. 4. Such obligation does not apply to any of the
following: (a) Bodily injury or property damage for which
[insert owner or operator] is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not
apply to liability for damages that [insert owner or operator] would be
obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert owner or
operator] under a workers' compensation, disability benefits, or
unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert owner or operator]
arising from, and in the course of, employment by [insert owner or operator];
or (2) The spouse, child, parent, brother, or
sister of that employee as a consequence of, or arising from, and in the course
of employment by [insert owner or operator]. This exclusion applies: (A) Whether [insert owner or operator] may be
liable as an employer or in any other capacity; and (B) To any obligation to share damages with or
repay another person who pay damages because of the injury to persons
identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by
[insert owner or operator]; (2) Premises that are sold, given away or
abandoned by [insert owner or operator] if the property damage arises out of
any part of those premises; (3) Property loaned to [insert owner or
operator]; (4) Personal property in the care, custody or
control of [insert owner or operator]; (5) That particular part of real property on
which [insert owner or operator] or any contractors or subcontractors working
directly or indirectly on behalf of [insert owner or operator] are performing
operations, if the property damage arises out of these operations. 5. Guarantor agrees that if, at the end of any
fiscal year before termination of this guarantee, the guarantor fails to meet
the financial test criteria, guarantor shall send within ninety days, by
certified mail, notice to the director and to [owner or operator] that the
guarantor intends to provide alternate liability coverage as specified in rule
3745-51-147 of the Administrative Code, as applicable, in the name of [owner or
operator]. Within one hundred twenty days after the end of such fiscal year,
the guarantor shall establish such liability coverage unless [owner or
operator] has done so. 6. The guarantor agrees to notify the director
by certified mail of a voluntary or involuntary proceeding under U.S.C. Title
11 (bankruptcy), naming guarantor as debtor, within ten days after commencement
of the proceeding. Guarantor agrees that within thirty days after being
notified by the director of a determination that guarantor no longer meets the
financial test criteria or that the Guarantor is disallowed from continuing as
a guarantor, the Guarantor shall establish alternate liability coverage as
specified in rule 3745-51-147 of the Administrative Code in the name of [owner
or operator], unless [owner or operator] has done so. 7. Guarantor reserves the right to modify this
agreement to take into account amendment or modification of the liability
requirements set by rule 3745-51-147 of the Administrative Code, provided that
such modification shall become effective only if the director does not
disapprove the modification within thirty days of receipt of notification of
the modification. 8. Guarantor agrees to remain bound under this
guarantee for so long as [owner or operator] is required to comply with the
applicable requirements of rule 3745-51-147 of the Administrative Code for the
above-listed facility(ies), except as provided in paragraph 9 of this
agreement. 9. [Insert the following language if the
guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose
parent corporation is also the parent corporation of the owner or
operator]: Guarantor may terminate this guarantee by
sending notice by certified mail to the director and to [owner or operator],
provided that this guarantee may not be terminated unless and until [the owner
or operator] obtains, and the director approves, alternate liability coverage
complying with rule 3745-51-147 of the Administrative Code. [Insert the following language if the guarantor
is a firm qualifying as a guarantor due to the firm's "substantial
business relationship" with the owner or operator]: Guarantor may terminate this guarantee one
hundred twenty days after receipt of notification, through certified mail, by
the director and by [the owner or operator]. 10. Guarantor hereby expressly waives notice of
acceptance of this guarantee by any party. 11. Guarantor agrees that this guarantee is in
addition to and does not affect any other responsibility or liability of the
guarantor with respect to the covered facilities. 12. The Guarantor shall satisfy a third-party
liability claim only on receipt of one of the following documents: (a) Certification from the Principal and the
third-party claimant(s) that the liability claim should be paid. The
certification shall be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted: Certification of Valid Claim The undersigned, as parties [insert Principal]
and [insert name and address of third-party claimant(s)], hereby certify that
the claim of bodily injury or property damage caused by a [sudden or
non-sudden] accidental occurrence arising from operating [Principal's]
facility should be paid in the amount of $______. [Signatures]______ Principal______ (Notary) Date______ [Signatures]______ Claimant(s)______ (Notary) Date______ (b) A valid final court order establishing a
judgment against the Principal for bodily injury or property damage caused by
sudden or non-sudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities. 13. In the event of combination of this
guarantee with another mechanism to meet liability requirements, this guarantee
will be considered [insert "primary" or "excess"]
coverage. I hereby certify that the wording of the
guarantee is identical to the wording specified in paragraph (G)(2) of rule
3745-51-151 of the Administrative Code as such rule was constituted on the date
shown immediately below. Effective date:______ [Name of guarantor]______ [Authorized signature for
guarantor]______ [Name of person signing]______ [Title of person signing]______ Signature of witness or
notary:______" (H) A hazardous waste facility liability
endorsement as required in rule 3745-51-147 of the Administrative Code shall be
worded as follows, except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted: "Hazardous Secondary Material
Reclamation/Intermediate Facility Liability Endorsement 1. This endorsement certifies that the policy to
which the endorsement is attached provides liability insurance covering bodily
injury and property damage in connection with the insured's obligation to
demonstrate financial responsibility under rule 3745-51-147 of the
Administrative Code. The coverage applies at [list U.S. EPA identification
number (if any issued), name, and address for each facility] for [insert
"sudden accidental occurrences," "non-sudden accidental
occurrences," or "sudden and non-sudden accidental occurrences;"
if coverage is for multiple facilities and the coverage is different for
different facilities, indicate which facilities are insured for sudden
accidental occurrences, which are insured for non-sudden accidental
occurrences, and which are insured for both]. The limits of liability are
[insert the dollar amount of the "each occurrence" and "annual
aggregate" limits of the Insurer's liability], exclusive of legal
defense costs. 2. The insurance afforded with respect to such
occurrences is subject to all of the terms and conditions of the policy;
provided, however, that any provisions of the policy inconsistent with
subsections (a) through (e) of this Paragraph 2 are hereby amended to conform
with subsections (a) through (e): (a) Bankruptcy or insolvency of the insured shall
not relieve the Insurer of the Insurer's obligations under the policy to
which this endorsement is attached. (b) The Insurer is liable for the payment of
amounts within any deductible applicable to the policy, with a right of
reimbursement by the insured for any such payment made by the Insurer. This
provision does not apply with respect to that amount of any deductible for
which coverage is demonstrated as specified in paragraph (F) of rule
3745-51-147 of the Administrative Code. (c) Whenever requested by the director, the
Insurer agrees to furnish to the director a signed duplicate original of the
policy and all endorsements. (d) Cancellation of this endorsement, whether by
the Insurer, the insured, a parent corporation providing insurance coverage for
its subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the facility, will be
effective only upon written notice and only after the expiration of sixty days
after a copy of such written notice is received by the director. (e) Any other termination of this endorsement
will be effective only upon written notice and only after the expiration of
thirty days after a copy of such written notice is received by the
director. Attached to and forming part of policy No. ______
issued by [name of Insurer], herein called the Insurer, of [address of Insurer]
to [name of insured] of [address] this ______ day of ______, 20______. The
effective date of said policy is ______ day of ______, 20______. I hereby certify that the wording of this
endorsement is identical to the wording specified in paragraph (H) of rule
3745-51-151 of the Administrative Code as such rule was constituted on the date
first above written, and that the Insurer is licensed to transact the business
of insurance, or eligible to provide insurance as an excess or surplus lines
insurer, in one or more states. [Signature of Authorized Representative of
Insurer] [Type name] [Title], Authorized Representative of [name of
Insurer] [Address of Representative]" (I) A certificate of liability insurance
as required in rule 3745-51-147 of the Administrative Code shall be worded as
follows, except that the instructions in brackets are to be replaced with the
relevant information and the brackets deleted: "Hazardous Secondary Material
Reclamation/Intermediate Facility Certificate of Liability Insurance 1. [Name of Insurer], (the "Insurer"),
of [address of Insurer] hereby certifies that the Insurer has issued liability
insurance covering bodily injury and property damage to [name of insured], (the
"insured"), of [address of insured] in connection with the
insured's obligation to demonstrate financial responsibility under
Chapters 3745-54 to 3745-57 and 3745-205 and 3745-65 to 3745-69 and 3745-256 of
the Administrative Code, and the financial assurance condition of paragraph
(A)(24)(f)(vi) of rule 3745-51-04 of the Administrative Code. The coverage
applies at [list U.S. EPA identification number (if any issued), name, and
address for each facility] for [insert "sudden accidental
occurrences," "non-sudden accidental occurrences," or
"sudden and non-sudden accidental occurrences;" if coverage is for
multiple facilities and the coverage is different for different facilities,
indicate which facilities are insured for sudden accidental occurrences, which
are insured for non-sudden accidental occurrences, and which are insured for
both]. The limits of liability are [insert the dollar amount of the "each
occurrence" and "annual aggregate" limits of the Insurer's
liability], exclusive of legal defense costs. The coverage is provided under
policy number, issued on [date]. The effective date of said policy is
[date]. 2. The Insurer further certifies the following
with respect to the insurance described in Paragraph 1: (a) Bankruptcy or insolvency of the insured shall
not relieve the Insurer of it's the Insurer's obligations under the
policy. (b) The Insurer is liable for the payment of
amounts within any deductible applicable to the policy, with a right of
reimbursement by the insured for any such payment made by the Insurer. This
provision does not apply with respect to that amount of any deductible for
which coverage is demonstrated as specified in rule 3745-51-147 of the
Administrative Code. (c) Whenever requested by the director, the
Insurer agrees to furnish to the director a signed duplicate original of the
policy and all endorsements. (d) Cancellation of the insurance, whether by the
insurer, the insured, a parent corporation providing insurance coverage for its
subsidiary, or by a firm having an insurable interest in and obtaining
liability insurance on behalf of the owner or operator of the hazardous waste
management facility, will be effective only upon written notice and only after
the expiration of sixty days after a copy of such written notice is received by
the director. (e) Any other termination of the insurance will
be effective only upon written notice and only after the expiration of thirty
days after a copy of such written notice is received by the director. I hereby certify that the wording of this
instrument is identical to the wording specified in paragraph (I) of rule
3745-51-151 of the Administrative Code as such rule was constituted on the date
first above written, and that the Insurer is licensed to transact the business
of insurance, or eligible to provide insurance as an excess or surplus lines
insurer, in one or more states. [Signature of authorized representative of
Insurer] [Type name] [Title], Authorized Representative of [name of
Insurer] [Address of Representative]" (J) A letter of credit, as specified in
paragraph (H) of rule 3745-51-147 of the Administrative Code shall be worded as
follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted: "Irrevocable Standby Letter of Credit Name and Address of Issuing
Institution______ Ohio Environmental Protection Agency______ Dear Sir or Madam: We hereby establish our
Irrevocable Standby Letter of Credit No. ______ in the favor of ["any and
all third-party liability claimants" or insert name of trustee of the
standby trust fund], at the request and for the account of [owner or
operator's name and address] for third-party liability awards or
settlements up to [in words] U.S. dollars $______ per occurrence and the annual
aggregate amount of [in words] U.S. dollars $______, for sudden accidental
occurrences or for third-party liability awards or settlements up to the amount
of [in words] U.S. dollars $______ per occurrence, and the annual aggregate
amount of [in words] U.S. dollars $______, for non-sudden accidental
occurrences available upon presentation of a sight draft bearing reference to
this letter of credit No. ______, and [insert the following language if the
letter of credit is being used without a standby trust fund: (1) a signed certificate reading as
follows: Certificate of Valid Claim The undersigned, as parties [insert principal]
and [insert name and address of third party claimant(s)], hereby certify that
the claim of bodily injury or property damage caused by a [sudden or
non-sudden] accidental occurrence arising from operations of [principal's]
facility should be paid in the amount of $[______ ]. We hereby certify that the
claim does not apply to any of the following: (a) Bodily injury or property damage for which
[insert principal] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement. This exclusion does not apply to
liability for damages that [insert principal] would be obligated to pay in the
absence of the contract or agreement. (b) Any obligation of [insert principal] under a
workers' compensation, disability benefits, or unemployment compensation
law or any similar law. (c) Bodily injury to: (1) An employee of [insert principal] arising
from, and in the course of, employment by [insert principal]; or (2) The spouse, child, parent, brother or sister
of that employee as a consequence of, or arising from, and in the course of
employment by [insert principal]. This exclusion applies: (A) Whether [insert principal] may be liable as
an employer or in any other capacity; and (B) To any obligation to share damages with or
repay another person who shall pay damages because of the injury to persons
identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out
of the ownership, maintenance, use, or entrustment to others of any aircraft,
motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by
[insert principal]; (2) Premises that are sold, given away or
abandoned by [insert principal] if the property damage arises out of any part
of those premises; (3) Property loaned to [insert principal]; (4) Personal property in the care, custody or
control of [insert principal]; (5) That particular part of real property on
which [insert principal] or any contractors or subcontractors working directly
or indirectly on behalf of [insert principal] are performing operations, if the
property damage arises out of these operations. [Signatures]______ Grantor______ [Signatures]______ Claimant(s)______ or (2) a valid final court order establishing a
judgment against the Grantor for bodily injury or property damage caused by
sudden or non-sudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities.] This letter of credit is effective as of [date]
and shall expire on [date at least one year later], but such expiration date
shall be automatically extended for a period of [at least one year] on [date
and on each successive expiration date, unless, at least one hundred twenty
days before the current expiration date, we notify you, the director, and
[owner's or operator's name] by certified mail that we have decided
not to extend this letter of credit beyond the current expiration date. Whenever this letter of credit is drawn on under
and in compliance with the terms of this credit, we shall duly honor such draft
upon presentation to us. [Insert the following language if a standby trust
fund is not being used: "In the event that this letter of credit is used
in combination with another mechanism for liability coverage, this letter of
credit shall be considered [insert "primary" or "excess"
coverage]. We certify that the wording of this letter of
credit is identical to the wording specified in paragraph (J) of rule
3745-51-151 of the Administrative Code as such rule was constituted on the date
shown immediately below. [Signature(s) and title(s) of official(s) of issuing
institution] [Date]. This credit is subject to [insert "the most
recent edition of the Uniform Customs and Practice for Documentary Credits,
published and copyrighted by the International Chamber of Commerce," or
"the Uniform Commercial Code"]." (K) A surety bond, as specified in
paragraph (I) of rule 3745-51-147 of the Administrative Code shall be worded as
follows, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted: "Payment Bond Surety Bond No. [Insert number] Parties [Insert name and address of owner or
operator], Principal, incorporated in [Insert state of incorporation] of
[Insert city and state of principal place of business] and [Insert name and
address of surety company(ies)], Surety Company(ies), of [Insert surety(ies)
place of business]. U.S. EPA identification number (if any issued),
name, and address for each facility guaranteed by this bond: ______ | Sudden accidentaloccurrences | Non-sudden accidentaloccurrences | | Penal Sum PerOccurrence | [insertamount] | [insertamount] | | AnnualAggregate | [insertamount] | [insertamount] |
Purpose: This is an agreement between the
Surety(ies) and the Principal under which the Surety(ies), its(their)
successors and assignees, agree to be responsible for the payment of claims
against the Principal for bodily injury or property damage to third parties
caused by ["sudden" or "non-sudden"] accidental occurrences
arising from operations of the facility or group of facilities in the sums
prescribed herein; subject to the governing provisions and the following
conditions. Governing Provisions: (1) Section 3004 of the Resource Conservation and
Recovery Act of 1976. (2) Rules of the Ohio Environmental Protection
Agency ("Ohio EPA"), particularly Chapters 3745-54 to 3745-57 and
3745-205 and 3745-65 to 3745-69 and 3745-256 of the Administrative Code, and
rules 3745-51-140 to 3745-51-151 Administrative Code (if applicable). (3) Rules of the governing state agency (if
applicable) [insert citation]. Conditions: (1) The Principal is subject to the applicable
governing provisions that require the Principal to have and maintain liability
coverage for bodily injury and property damage to third parties caused by
["sudden" or "non-sudden"] accidental occurrences arising
from operations of the facility or group of facilities. Such obligation does
not apply to any of the following: (a) Bodily injury or property damage for which
[insert Principal] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement. This exclusion does not apply to
liability for damages that [insert Principal] would be obligated to pay in the
absence of the contract or agreement. (b) Any obligation of [insert Principal] under a
workers' compensation, disability benefits, or unemployment compensation
law or similar law. (c) Bodily injury to: (1) An employee of [insert Principal] arising
from, and in the course of, employment by [insert principal]; or (2) The spouse, child, parent, brother or sister
of that employee as a consequence of, or arising from, and in the course of
employment by [insert Principal]. This exclusion applies: (A) Whether [insert Principal] may be liable as
an employer or in any other capacity; and (B) To any obligation to share damages with or
repay another person who shall pay damages because of the injury to persons
identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out
of the ownership, maintenance, use, or entrustment to others of any aircraft,
motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by
[insert Principal]; (2) Premises that are sold, given away or
abandoned by [insert Principal] if the property damage arises out of any part
of those premises; (3) Property loaned to [insert Principal]; (4) Personal property in the care, custody or
control of [insert Principal]; (5) That particular part of real property on
which [insert Principal] or any contractors or subcontractors working directly
or indirectly on behalf of [insert Principal] are performing operations, if the
property damage arises out of these operations. (2) This bond assures that the Principal will
satisfy valid third party liability claims, as described in condition 1. (3) If the Principal fails to satisfy a valid
third party liability claim, as described above, the Surety(ies) becomes liable
on this bond obligation. (4) The Surety(ies) shall satisfy a third party
liability claim only upon the receipt of one of the following documents: (a) Certification from the Principal and the
third party claimant(s) that the liability claim should be paid. The
certification shall be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted: Certification of Valid Claim: The undersigned, as parties [insert name of
Principal] and [insert name and address of third party claimant(s)], hereby
certify that the claim of bodily injury or property damage caused by a [sudden
or non-sudden] accidental occurrence arising from operating [Principal's]
facility should be paid in the amount of $[______ ]. [Signature] ______ Principal ______ [Notary] Date ______ [Signature(s)] ______ Claimant(s) ______ [Notary] Date ______ or (b) A valid final court order establishing a
judgment against the Principal for bodily injury or property damage caused by
sudden or non-sudden accidental occurrences arising from the operation of the
Principal's facility or group of facilities. (5) In the event of combination of this bond with
another mechanism for liability coverage, this bond will be considered [insert
"primary" or "excess"] coverage. (6) The liability of the Surety(ies) shall not be
discharged by any payment or succession of payments hereunder, unless and until
such payment or payments shall amount in the aggregate to the penal sum of the
bond. In no event shall the obligation of the Surety(ies) hereunder exceed the
amount of said annual aggregate penal sum, provided that the Surety(ies)
furnish(es) notice to the director forthwith of all claims filed and payments
made by the Surety(ies) under this bond. (7) The Surety(ies) may cancel the bond by
sending notice of cancellation by certified mail to the Principal and the
director, provided, however, that cancellation shall not occur during the one
hundred twenty days beginning on the date of receipt of the notice of
cancellation by the Principal and the director, as evidenced by the return
receipt. (8) The Principal may terminate this bond by
sending written notice to the Surety(ies) and to the director. (9) The Surety(ies) hereby waive(s) notification
of amendments to applicable laws, statutes, and rules and agree(s) that no such
amendment shall in any way alleviate its (their) obligation on this
bond. (10) This bond is effective from [insert date]
(12:01 a.m., standard time, at the address of the Principal as stated herein)
and shall continue in force until terminated as described above. In Witness Whereof, the Principal and Surety(ies)
have executed this Bond and have affixed their seals on the date set forth
above. The persons whose signatures appear below hereby
certify that those persons are authorized to execute this surety bond on behalf
of the Principal and Surety(ies) and that the wording of this surety bond is
identical to the wording specified in paragraph (K) of rule 3745-51-151 of the
Administrative Code, as such rule was constituted on the date this bond was
executed. PRINCIPAL [Signature(s)] ______ [Name(s)] ______ [Title(s)] ______ [Corporate Seal] CORPORATE SURETY[IES] [Name and address] ______ State of incorporation: ______ Liability Limit: $ ______ [Signature(s)] ______ [Name(s) and title(s)] ______ [Corporate seal] [For every co-surety, provide signature(s),
corporate seal, and other information in the same manner as for Surety
above.] Bond premium: $______" (L) (1) A trust agreement, as
specified in paragraph (J) of rule 3745-51-147 of the Administrative Code,
shall be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted: "Trust Agreement Trust Agreement, the "Agreement,"
entered into as of [date] by and between [name of the owner or operator] a
[name of state] [insert "corporation," "partnership,"
"association," or "proprietorship"], the
"Grantor," and [name of corporate trustee], [insert,
"incorporated in the state of ______" or "a national
bank"], the "trustee." Whereas, the Ohio Environmental Protection
Agency, "Ohio EPA," has established certain rules applicable to the
Grantor, requiring that an owner or operator shall demonstrate financial
responsibility for bodily injury and property damage to third parties caused by
sudden accidental or non-sudden accidental occurrences arising from operations
of the facility or group of facilities. Whereas, the Grantor has elected to establish a
trust to assure all or part of such financial responsibility for the facilities
identified herein. Whereas, the Grantor, acting through the
Guarantor's duly authorized officers, has selected the Trustee to be the
trustee under this agreement, and the Trustee is willing to act as
trustee. Now, therefore, the Grantor and the Trustee
agree as follows: Section 1. Definitions. As used in this
Agreement: (a) The term "Grantor" means the
owner or operator who enters into this Agreement and any successors or assigns
of the Grantor. (b) The term "Trustee" means the
Trustee who enters into this Agreement and any successor Trustee. Section 2. Identification of Facilities. This
agreement pertains to the facilities identified on attached schedule A [on
schedule A, for each facility list the U.S. EPA identification number (if any
issued), name, and address of the facility(ies) and the amount of liability
coverage, or portions thereof, if more than one instrument affords combined
coverage as demonstrated by this Agreement]. Section 3. Establishment of Fund. The Grantor
and the Trustee hereby establish a trust fund, hereinafter the
"Fund," for the benefit of any and all third parties injured or
damaged by [sudden or non-sudden] accidental occurrences arising from operation
of the facility(ies) covered by this guarantee, in the amounts of ______ [up to
$1 million] per occurrence and [up to $2 million] annual aggregate for sudden
accidental occurrences and ______ [up to $3 million] per occurrence and ______
[up to $6 million] annual aggregate for non-sudden occurrences, except that the
Fund is not established for the benefit of third parties for the
following: (a) Bodily injury or property damage for which
[insert Grantor] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement. This exclusion does not apply to
liability for damages that [insert Grantor] would be obligated to pay in the
absence of the contract or agreement. (b) Any obligation of [insert Grantor] under a
workers' compensation, disability benefits, or unemployment compensation
law or any similar law. (c) Bodily injury to: (1) An employee of [insert Grantor] arising
from, and in the course of, employment by [insert Grantor]; or (2) The spouse, child, parent, brother or
sister of that employee as a consequence of, or arising from, and in the course
of employment by [insert Grantor]. This exclusion applies: (A) Whether [insert Grantor] may be liable as
an employer or in any other capacity; and (B) To any obligation to share damages with or
repay another person who is required to pay damages because of the injury to
persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by
[insert Grantor]; (2) Premises that are sold, given away or
abandoned by [insert Grantor] if the property damage arises out of any part of
those premises; (3) Property loaned to [insert Grantor]; (4) Personal property in the care, custody or
control of [insert Grantor]; (5) That particular part of real property on
which [insert Grantor] or any contractors or subcontractors working directly or
indirectly on behalf of [insert Grantor] are performing operations, if the
property damage arises out of these operations. In the event of combination with another
mechanism for liability coverage, the Fund shall be considered [insert
"primary" or "excess"] coverage. The Fund is established initially as consisting
of the property, which is acceptable to the Trustee, described in Schedule B
attached hereto. Such property and any other property subsequently transferred
to the Trustee is referred to as the Fund, together with all earnings and
profits thereon, less any payments or distributions made by the Trustee
pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as
hereinafter provided. The Trustee shall not be responsible nor shall the
Trustee undertake any responsibility for the amount or adequacy of, nor any
duty to collect from the Grantor, any payments necessary to discharge any
liabilities of the Grantor established by Ohio EPA. Section 4. Payment for Bodily Injury or
Property Damage. The Trustee shall satisfy a third party liability claim by
making payments from the Fund only upon receipt of one of the following
documents; (a) Certification from the Grantor and the
third party claimant(s) that the liability claim should be paid. The
certification shall be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted: Certification of Valid Claim The undersigned, as parties [insert Grantor]
and [insert name and address of third party claimant(s)], hereby certify that
the claim of bodily injury or property damage caused by a [sudden or
non-sudden] accidental occurrence arising from operating [Grantor's]
facility or group of facilities should be paid in the amount of $[______
]. [Signatures] Grantor [Signatures] Claimant(s) (b) A valid final court order establishing a
judgment against the Grantor for bodily injury or property damage caused by
sudden or non-sudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities. Section 5. Payments Comprising the Fund.
Payments made to the Trustee for the Fund shall consist of cash or securities
acceptable to the Trustee. Section 6. Trustee Management. The Trustee
shall invest and reinvest the principal and income, in accordance with general
investment policies and guidelines which the Grantor may communicate in writing
to the Trustee from time to time, subject, however, to the provisions of this
section. In investing, reinvesting, exchanging, selling, and managing the Fund,
the Trustee shall discharge the Trustee's duties with respect to the trust
fund solely in the interest of the beneficiary and with the care, skill,
prudence, and diligence under the circumstance then prevailing which persons of
prudence, acting in a like capacity and familiar with such matters, would use
in the conduct of an enterprise of a like character and with like aims; except
that: (i) Securities or other obligations of the
Grantor, or any other owner or operator of the facilities, or any of their
affiliates as defined in the Investment Company Act of 1940, shall not be
acquired or held unless they are securities or other obligations of the federal
or a state government; (ii) The Trustee is authorized to invest the
Fund in time or demand deposits of the Trustee, to the extent insured by an
agency of the federal or state government; and (iii) The Trustee is authorized to hold cash
awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon. Section 7. Commingling and Investment. The
Trustee is expressly authorized in its discretion: (a) To transfer from time to time any or all of
the assets of the Fund to any common commingled, or collective trust fund
created by the Trustee in which the fund is eligible to participate, subject to
all of the provisions thereof, to be commingled with the assets of other trusts
participating therein; and (b) To purchase shares in any investment
company registered under the Investment Company Act of 1940, including one
which may be created, managed, underwritten, or to which investment advice is
rendered or the shares of which are sold by the Trustee. The Trustee may vote
such shares in its discretion. Section 8. Express Powers of Trustee. Without
in any way limiting the powers and discretions conferred upon the Trustee by
the other provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered: (a) To sell, exchange, convey, transfer, or
otherwise dispose of any property held by it, by public or private sale. No
person dealing with the Trustee shall be bound to see to the application of the
purchase money or to inquire into the validity or expediency of any such sale
or other disposition; (b) To make, execute, acknowledge, and deliver
any and all documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the powers herein
granted; (c) To register any securities held in the Fund
in its own name or in the name of a nominee and to hold any security in bearer
form or in book entry, or to combine certificates representing such securities
with certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities in a
qualified central depository even though, when so deposited, such securities
may be merged and held in bulk in the name of the nominee of such depository
with other securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United States
government, or any agency or instrumentality thereof, with a "Federal
Reserve" bank, but the books and records of the Trustee shall at all times
show that all such securities are part of the Fund; (d) To deposit any cash in the Fund in
interest-bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking
institution affiliated with the Trustee, to the extent insured by an agency of
the federal or state government; and (e) To compromise or otherwise adjust all
claims in favor of or against the Fund. Section 9. Taxes and Expenses. All taxes of any
kind that may be assessed or levied against or in respect of the Fund and all
brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of
this Trust, including fees for legal services rendered to the Trustee, the
compensation of the Trustee to the extent not paid directly by the Grantor, and
all other proper charges and disbursements of the Trustee shall be paid from
the Fund. Section 10. Annual Valuations. The Trustee
shall annually, at least thirty days prior to the anniversary date of
establishment of the Fund, furnish to the Grantor and to the director a
statement confirming the value of the Trust. Any securities in the Fund shall
be valued at market value as of no more than sixty days prior to the
anniversary date of establishment of the Fund. The failure of the Grantor to
object in writing to the Trustee within ninety days after the statement has
been furnished to the Grantor and the director shall constitute a conclusively
binding assent by the Grantor barring the Grantor from asserting any claim or
liability against the Trustee with respect to matters disclosed in the
statement. Section 11. Advice of Counsel. The Trustee may
from time to time consult with counsel, who may be counsel to the Grantor with
respect to any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to the
extent permitted by law, in acting upon the advice of counsel. Section 12. Trustee Compensation. The Trustee
shall be entitled to reasonable compensation for its services as agreed upon in
writing from time to time with the Grantor. Section 13. Successor Trustee. The Trustee may
resign or the Grantor may replace the Trustee, but such resignation or
replacement shall not be effective until the Grantor has appointed a successor
trustee and this successor accepts the appointment. The successor trustee shall
have the same powers and duties as those conferred upon the Trustee hereunder.
Upon the successor trustee's acceptance of the appointment, the Trustee
shall assign, transfer, and pay over to the successor trustee the funds and
properties then constituting the Fund. If for any reason the Grantor cannot or
does not act in the event of the resignation of the Trustee, the Trustee may
apply to a court of competent jurisdiction for the appointment of a successor
trustee or for instructions. The successor trustee shall specify the date on
which it assumes administration of the trust in a writing sent to the Grantor,
the director, and the present Trustee by certified mail ten days before such
change becomes effective. Any expenses incurred by the Trustee as a result of
any of the acts contemplated by this section shall be paid as provided in
Section 9. Section 14. Instructions to the Trustee. All
orders, requests, and instructions by the Grantor to the Trustee shall be in
writing, signed by such persons as are designated in the attached Exhibit A or
such other designees as the Grantor may designate by amendments to Exhibit A.
The Trustee shall be fully protected in acting without inquiry in accordance
with the Grantor's orders, requests, and instructions. All orders,
requests, and instructions by the director to the Trustee shall be in writing,
signed by the director, or the director's designee, and the Trustee shall
act and shall be fully protected in acting in accordance with such orders,
requests, and instructions. The Trustee shall have the right to assume, in the
absence of written notice to the contrary, that no event constituting a change
or a termination of the authority of any person to act on behalf of the Grantor
or Ohio EPA hereunder has occurred. The Trustee shall have no duty to act in
the absence of such orders, requests, and instructions from the Grantor or Ohio
EPA, except as provided for herein. Section 15. Notice of Nonpayment. If a payment
for bodily injury or property damage is made under Section 4 of this trust, the
Trustee shall notify the Grantor of such payment and the amount(s) thereof
within five working days. The Grantor shall, on or before the anniversary date
of the establishment of the Fund after such notice, either make payments to the
Trustee in amounts sufficient to cause the trust to return to its value
immediately prior to the payment of claims under Section 4, or shall provide
written proof to the Trustee that other financial assurance for liability
coverage has been obtained equaling the amount necessary to return the trust to
its value prior to the payment of claims. If the Grantor does not either make
payments to the Trustee or provide the Trustee with such proof, the Trustee
shall within ten working days after the anniversary date of the establishment
of the Fund provide a written notice of nonpayment to the director. Section 16. Amendment of Agreement. This
Agreement may be amended by an instrument in writing executed by the Grantor,
the Trustee, and the director, or by the Trustee and the director if the
Grantor ceases to exist. Section 17. Irrevocability and Termination.
Subject to the right of the parties to amend this Agreement as provided in
Section 16, this Trust shall be irrevocable and shall continue until terminated
at the written agreement of the Grantor, the Trustee, and the director, or by
the Trustee and the director, if the Grantor ceases to exist. Upon termination
of the Trust, all remaining trust property, less final trust administration
expenses, shall be delivered to the Grantor. The director will agree to termination of the
Trust when the owner or operator substitutes alternate financial assurance as
specified in this section. Section 18. Immunity and Indemnification. The
Trustee shall not incur personal liability of any nature in connection with any
act or omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor or the director issued in accordance
with this Agreement. The Trustee shall be indemnified and saved harmless by the
Grantor or from the Trust Fund, or both, from and against any personal
liability to which the Trustee may be subjected by reason of any act or conduct
in its official capacity, including all expenses reasonably incurred in its
defense in the event the Grantor fails to provide such defense. Section 19. Choice of Law. This Agreement shall
be administered, construed, and enforced according to the laws of the state of
[enter name of state]. Section 20. Interpretation. As used in this
Agreement, words in the singular include the plural and words in the plural
include the singular. The descriptive headings for each section of this
Agreement shall not affect the interpretation or the legal efficacy of this
Agreement. In Witness Whereof the parties have caused this
Agreement to be executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first above
written. The parties below certify that the wording of this Agreement is
identical to the wording specified in paragraph (L) of rule 3745-51-151 of the
Administrative Code as such rule was constituted on the date first above
written. "[Signature of Grantor] [Title] Attest: [Title] [Seal] [Signature of Trustee] Attest: [Title:] [Seal:]" (2) The following is an
example of the certification of acknowledgement which shall accompany the trust
agreement for a trust fund as specified in paragraph (J) of rule 3745-51-147 of
the Administrative Code. State requirements may differ on the proper content of
this acknowledgment. "State of_______ County of_______ On this [date], before me personally came
[owner or operator] to me known, who, being by me duly sworn, did depose and
say that she/he resides at [address], that she/he is [title] of [corporation],
the corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of the Board
of Directors of said corporation, and that she/he signed her/his name thereto
by like order. [Signature of Notary Public]" (M) (1) A standby trust
agreement, as specified in paragraph (H) of rule 3745-51-147 of the
Administrative Code, shall be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted: "Standby Trust Agreement Trust Agreement, the "Agreement,"
entered into as of [date] by and between [name of the owner or operator] a
[name of a state] [insert "corporation," "partnership,"
"association," or "proprietorship"], the
"Grantor," and [name of corporate trustee], [insert,
"incorporated in the state of ______" or "a national
bank"], the "trustee." Whereas the Ohio Environmental Protection
Agency, "Ohio EPA," has established certain rules applicable to the
Grantor, requiring that an owner or operator shall demonstrate financial
responsibility for bodily injury and property damage to third parties caused by
sudden accidental or non-sudden accidental occurrences arising from operations
of the facility or group of facilities. Whereas, the Grantor has elected to establish a
standby trust into which the proceeds from a letter of credit may be deposited
to assure all or part of such financial responsibility for the facilities
identified herein. Whereas, the Grantor, acting through its duly
authorized officers, has selected the Trustee to be the trustee under this
agreement, and the Trustee is willing to act as trustee. Now, therefore, the Grantor and the Trustee
agree as follows: Section 1. Definitions. As used in this
Agreement: (a) The term Grantor means the owner or
operator who enters into this Agreement and any successors or assigns of the
Grantor. (b) The term Trustee means the Trustee who
enters into this Agreement and any successor Trustee. Section 2. Identification of Facilities. This
Agreement pertains to the facilities identified on attached schedule A [on
schedule A, for each facility list the U.S. EPA identification number (if any
issued), name, and address of the facility(ies) and the amount of liability
coverage, or portions thereof, if more than one instrument affords combined
coverage as demonstrated by this Agreement]. Section 3. Establishment of Fund. The Grantor
and the Trustee hereby establish a standby trust fund, hereafter the
"Fund," for the benefit of any and all third parties injured or
damaged by [sudden or non-sudden] accidental occurrences arising from operation
of the facility(ies) covered by this guarantee, in the amounts of ______ [up to
$1 million] per occurrence and ______ [up to $2 million] annual aggregate for
sudden accidental occurrences and ______ [up to $3 million] per occurrence and
______ [up to $6 million] annual aggregate for non-sudden occurrences, except
that the Fund is not established for the benefit of third parties for the
following: (a) Bodily injury or property damage for which
[insert Grantor] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement. This exclusion does not apply to
liability for damages that [insert Grantor] would be obligated to pay in the
absence of the contract or agreement. (b) Any obligation of [insert Grantor] under a
workers' compensation, disability benefits, or unemployment compensation
law or any similar law. (c) Bodily injury to: (1) An employee of [insert Grantor] arising
from, and in the course of, employment by [insert Grantor]; or (2) The spouse, child, parent, brother or
sister of that employee as a consequence of, or arising from, and in the course
of employment by [insert Grantor]. This exclusion applies: (A) Whether [insert Grantor] may be liable as
an employer or in any other capacity; and (B) To any obligation to share damages with or
repay another person who shall pay damages because of the injury to persons
identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising
out of the ownership, maintenance, use, or entrustment to others of any
aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by
[insert Grantor]; (2) Premises that are sold, given away or
abandoned by [insert Grantor] if the property damage arises out of any part of
those premises; (3) Property loaned by [insert Grantor]; (4) Personal property in the care, custody or
control of [insert Grantor]; (5) That particular part of real property on
which [insert Grantor] or any contractors or subcontractors working directly or
indirectly on behalf of [insert Grantor] are performing operations, if the
property damage arises out of these operations. In the event of combination with another
mechanism for liability coverage, the Fund shall be considered [insert
"primary" or "excess"] coverage. The Fund is established initially as consisting
of the proceeds of the letter of credit deposited into the Fund. Such proceeds
and any other property subsequently transferred to the Trustee is referred to
as the Fund, together with all earnings and profits thereon, less any payments
or distributions made by the Trustee pursuant to this Agreement. The Fund shall
be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall
not be responsible nor shall the Trustee undertake any responsibility for the
amount or adequacy of, nor any duty to collect from the Grantor, any payments
necessary to discharge any liabilities of the Grantor established by Ohio
EPA. Section 4. Payment for Bodily Injury or
Property Damage. The Trustee shall satisfy a third party liability claim by
drawing on the letter of credit described in Schedule B and by making payments
from the Fund only upon receipt of one of the following documents: (a) Certification from the Grantor and the
third party claimant(s) that the liability claim should be paid. The
certification shall be worded as follows, except that instructions in brackets
are to be replaced with the relevant information and the brackets
deleted: Certification of Valid Claim The undersigned, as parties [insert Grantor]
and [insert name and address of third party claimant(s)], hereby certify that
the claim of bodily injury or property damage caused by a [sudden or
non-sudden] accidental occurrence arising from operating [Grantor's]
facility should be paid in the amount of $[______ ]. [Signature] ______ Grantor ______ [Signatures] ______ Claimant(s) ______ (b) A valid final court order establishing a
judgment against the Grantor for bodily injury or property damage caused by
sudden or non-sudden accidental occurrences arising from the operation of the
Grantor's facility or group of facilities. Section 5. Payments Comprising the Fund.
Payments made to the Trustee for the Fund shall consist of the proceeds from
the letter of credit drawn upon by the Trustee in accordance with the
requirements of paragraph (K) of rule 3745-51-151 of the Administrative Code
and Section 4 of this Agreement. Section 6. Trustee Management. The Trustee
shall invest and reinvest the principal and income, in accordance with general
investment policies and guidelines which the Grantor may communicate in writing
to the Trustee from time to time, subject, however, to the provisions of this
Section. In investing, reinvesting, exchanging, selling, and managing the Fund,
the Trustee shall discharge the Trustee's duties with respect to the trust
fund solely in the interest of the beneficiary and with the care, skill,
prudence, and diligence under the circumstances then prevailing which persons
of prudence, acting in a like capacity and familiar with such matters, would
use in the conduct of an enterprise of a like character and with like aims;
except that: (i) Securities or other obligations of the
Grantor, or any other owner or operator of the facilities, or any of their
affiliates as defined in the Investment Company Act of 1940, shall not be
acquired or held, unless they are securities or other obligations of the
federal or a state government; (ii) The Trustee is authorized to invest the
Fund in time or demand deposits of the Trustee, to the extent insured by an
agency of the federal or a state government; and (iii) The Trustee is authorized to hold cash
awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon. Section 7. Commingling and Investment. The
Trustee is expressly authorized in its discretion: (a) To transfer from time to time any or all of
the assets of the Fund to any common, commingled, or collective trust fund
created by the Trustee in which the Fund is eligible to participate, subject to
all of the provisions thereof, to be commingled with the assets of other trusts
participating therein; and (b) To purchase shares in any investment
company registered under the Investment Company Act of 1940, including one
which may be created, managed, underwritten, or to which investment advice is
rendered or the shares of which are sold by the Trustee. The Trustee may vote
such shares in its discretion. Section 8. Express Powers of Trustee. Without
in any way limiting the powers and discretions conferred upon the Trustee by
the other provisions of this Agreement or by law, the Trustee is expressly
authorized and empowered: (a) To sell, exchange, convey, transfer, or
otherwise dispose of any property held by it, by public or private sale. No
person dealing with the Trustee shall be bound to see to the application of the
purchase money or to inquire into the validity or expediency of any such sale
or other disposition; (b) To make, execute, acknowledge, and deliver
any and all documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the powers herein
granted; (c) To register any securities held in the Fund
in its own name or in the name of a nominee and to hold any security in bearer
form or in book entry, or to combine certificates representing such securities
with certificates of the same issue held by the Trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities in a
qualified central depositary even though, when so deposited, such securities
may be merged and held in bulk in the name of the nominee of such depositary
with other securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United States
government, or any agency or instrumentality thereof, with a "Federal
Reserve" bank, but the books and records of the Trustee shall at all times
show that all such securities are part of the Fund; (d) To deposit any cash in the Fund in
interest-bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking
institution affiliated with the Trustee, to the extent insured by an agency of
the federal or state government; and (e) To compromise or otherwise adjust all
claims in favor of or against the Fund. Section 9. Taxes and Expenses. All taxes of any
kind that may be assessed or levied against or in respect of the Fund and all
brokerage commissions incurred by the Fund shall be paid from the Fund. All
other expenses incurred by the Trustee in connection with the administration of
this Trust, including fees for legal services rendered to the Trustee, the
compensation of the Trustee to the extent not paid directly by the Grantor, and
all other proper charges and disbursements to the Trustee shall be paid from
the Fund. Section 10. Advice of Counsel. The Trustee may
from time to time consult with counsel, who may be counsel to the Grantor, with
respect to any question arising as to the construction of this Agreement or any
action to be taken hereunder. The Trustee shall be fully protected, to the
extent permitted by law, in acting upon the advice of counsel. Section 11. Trustee Compensation. The Trustee
shall be entitled to reasonable compensation for its services as agreed upon in
writing from time to time with the Grantor. Section 12. Successor Trustee. The Trustee may
resign or the Grantor may replace the Trustee, but such resignation or
replacement shall not be effective until the Grantor has appointed a successor
trustee and this successor accepts the appointment. The successor trustee shall
have the same powers and duties as those conferred upon the Trustee hereunder.
Upon the successor trustee's acceptance of the appointment, the Trustee
shall assign, transfer, and pay over to the successor trustee the funds and
properties then constituting the Fund. If for any reason the Grantor cannot or
does not act in the event of the resignation of the Trustee, the Trustee may
apply to a court of competent jurisdiction for the appointment of a successor
trustee or for instructions. The successor trustee shall specify the date on
which it assumes administration of the trust in a writing sent to the Grantor,
the director and the present Trustee by certified mail ten days before such
change becomes effective. Any expenses incurred by the Trustee as a result of
any of the acts contemplated by this Section shall be paid as provided in
Section 9. Section 13. Instructions to the Trustee. All
orders, requests, certifications of valid claims, and instructions to the
Trustee shall be in writing, signed by such persons as are designated in the
attached Exhibit A or such other designees as the Grantor may designate by
amendments to Exhibit A. The Trustee shall be fully protected in acting without
inquiry in accordance with the Grantor's orders, requests, and
instructions. The Trustee shall have the right to assume, in the absence of
written notice to the contrary, that no event constituting a change or a
termination of the authority of any person to act on behalf of the Grantor or
the director hereunder has occurred. The Trustee shall have no duty to act in
the absence of such orders, requests, and instructions from the Grantor or Ohio
EPA, except as provided for herein. Section 14. Amendment of Agreement. This
Agreement may be amended by an instrument in writing executed by the Grantor,
the Trustee, and the director, or by the Trustee and the director if the
Grantor ceases to exist. Section 15. Irrevocability and Termination.
Subject to the right of the parties to amend this Agreement as provided in
Section 14, this Trust shall be irrevocable and shall continue until terminated
at the written agreement of the Grantor, the Trustee, and the director, or by
the Trustee and the director, if the Grantor ceases to exist. Upon termination
of the Trust, all remaining trust property, less final trust administration
expenses, shall be paid to the Grantor. The director will agree to termination of the
Trust when the owner or operator substitutes alternative financial assurance as
specified in this section. Section 16. Immunity and indemnification. The
Trustee shall not incur personal liability of any nature in connection with any
act or omission, made in good faith, in the administration of this Trust, or in
carrying out any directions by the Grantor and the director issued in
accordance with this Agreement. The Trustee shall be indemnified and saved
harmless by the Grantor or from the Trust Fund, or both, from and against any
personal liability to which the Trustee may be subjected by reason of any act
or conduct in its official capacity, including all expenses reasonably incurred
in its defense in the event the Grantor fails to provide such defense. Section 17. Choice of Law. This Agreement shall
be administered, construed, and enforced according to the laws of the state of
[enter name of state]. Section 18. Interpretation. As used in this
Agreement, words in the singular include the plural and words in the plural
include the singular. The descriptive headings for each Section of this
Agreement shall not affect the interpretation of the legal efficacy of this
Agreement. In Witness Whereof the parties have caused this
Agreement to be executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first above
written. The parties below certify that the wording of this Agreement is
identical to the wording specified in paragraph (M) of rule 3745-51-151 of the
Administrative Code as such rule was constituted on the date first above
written. [Signature of Grantor] [Title] Attest: [Title] [Seal] [Signature of Trustee] Attest: [Title] [Seal]" (2) The following is an
example of the certification of acknowledgement which shall accompany the trust
agreement for a standby trust fund as specified in paragraph (H) of rule
3745-51-147 of the Administrative Code. State requirements may differ on the
proper content of this acknowledgement. "State of______ County of______ On this [date], before me personally came
[owner or operator] to me known, who, being by me duly sworn, did depose and
say that she/he resides at [address], that she/he is [title] of [corporation],
the corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of the Board
of Directors of said corporation, and that she/he signed her/ his name thereto
by like order. [Signature of Notary Public]" [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 8:16 AM
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Rule 3745-51-170 | Use and management of containers.
(A) Applicability. This rule applies to
hazardous secondary materials excluded under the remanufacturing exclusion at
paragraph (A)(27) of rule 3745-51-04 of the Administrative Code. (B) Condition of containers. If a
container holding hazardous secondary material is not in good condition (e.g.,
severe rusting, apparent structural defects) or if the container begins to
leak, the hazardous secondary material shall be transferred from this container
to a container that is in good condition or managed in some other way that
complies with the requirements of Chapter 3745-51 of the Administrative
Code. (C) Compatibility of hazardous secondary
materials with containers. The container shall be made of or lined with
materials which will not react with, and are otherwise compatible with, the
hazardous secondary material to be stored, so that the ability of the container
to contain the material is not impaired. (D) Management of
containers. (1) A container holding
hazardous secondary material shall always be closed during storage, except when
it is necessary to add or remove the hazardous secondary material. (2) A container holding
hazardous secondary material shall not be opened, handled, or stored in a
manner which may rupture the container or cause the container to
leak. (E) Containment. (1) Container storage
areas shall have a containment system that is designed and operated in
accordance with paragraph (E)(2) of this rule. (2) A containment system
shall be designed and operated as follows: (a) A base shall underlie the containers which is free of
cracks or gaps and is sufficiently impervious to contain leaks, spills, and
accumulated precipitation until the collected material is detected and
removed; (b) The base shall be sloped or the containment system
shall be otherwise designed and operated to drain and remove liquids resulting
from leaks, spills, or precipitation, unless the containers are elevated or are
otherwise protected from contact with accumulated liquids; (c) The containment system shall have sufficient capacity
to contain ten per cent of the volume of containers or the volume of the
largest container, whichever is greater; (d) Run-on into the containment system shall be prevented
unless the collection system has sufficient excess capacity in addition to that
required in paragraph (E)(2)(c) of this rule to contain any run-on which might
enter the system; and (e) Spilled or leaked material and accumulated
precipitation shall be removed from the sump or collection area in as timely a
manner as is necessary to prevent overflow of the collection
system. (F) Special requirements for ignitable or
reactive hazardous secondary material. Containers holding ignitable or reactive
hazardous secondary material shall be located at least fifteen meters (fifty
feet) from the facility's property line. (G) Special requirements for incompatible
materials: (1) Incompatible
materials shall not be placed in the same container. (2) Hazardous secondary
material shall not be placed in an unwashed container that previously held an
incompatible material. (3) A storage container
holding a hazardous secondary material that is incompatible with any other
materials stored nearby shall be separated from the other materials or
protected from the other materials by means of a dike, berm, wall, or other
device. (H) The remanufacturer or other person
that stores or treats the hazardous secondary material shall manage all
hazardous secondary material placed in a container in accordance with the
applicable requirements of rules 3745-51-730 to 3745-51-735, 3745-51-750 to
3745-51-764, and 3745-51-780 to 3745-51-789 of the Administrative
Code.
Last updated June 12, 2023 at 8:36 AM
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Rule 3745-51-190 | Applicability - tank systems.
(A) Rules 3745-51-190 to 3745-51-200 of
the Administrative Code apply to tank systems for storing or treating hazardous
secondary material excluded under the remanufacturing exclusion in paragraph
(A)(27) of rule 3745-51-04 of the Administrative Code. (B) "Tank systems," including "sumps,"
as defined in rule 3745-50-10 of the Administrative Code, that serve as part of
a secondary containment system to collect or contain releases of hazardous
secondary materials are exempted from the requirements in paragraph (A) of rule
3745-51-193 of the Administrative Code.
Last updated June 12, 2023 at 8:37 AM
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Rule 3745-51-191 | Assessment of existing tank system's integrity.
(A) Tank systems shall meet the secondary
containment requirements of rule 3745-51-193 of the Administrative Code, or the
remanufacturer or other person who handles the hazardous secondary material
shall determine that the tank system is not leaking or is unfit for use. Except
as provided in paragraph (C) of this rule, a written assessment reviewed and
certified by a qualified professional engineer shall be kept on file at the
remanufacturer's facility or other facility that stores or treats the
hazardous secondary material that attests to the tank system's
integrity. (B) This assessment shall determine that
the tank system is adequately designed and has sufficient structural strength
and compatibility with the materials to be stored or treated, to ensure that
the tank system will not collapse, rupture, or fail. At a minimum, this
assessment shall consider the following: (1) Design standards, if
available, according to which the tank and ancillary equipment were
constructed; (2) Hazardous
characteristics of the materials that have been and will be
handled; (3) Existing corrosion
protection measures; (4) Documented age of the
tank system, if available (otherwise, an estimate of the age); and (5) Results of a leak
test, internal inspection, or other tank integrity examination such
that: (a) For non-enterable underground tanks, the assessment
shall include a leak test that is capable of taking into account the effects of
temperature variations, tank end deflection, vapor pockets, and high water
table effects; and (b) For other than non-enterable underground tanks and for
ancillary equipment, this assessment shall include either a leak test, as
described above, or other integrity examination that is certified by a
qualified professional engineer that addresses cracks, leaks, corrosion, and
erosion. [Comment: The practices described in the
American petroleum institute (API) publication, "Guide for Inspection of
Refinery Equipment, Chapter XIII, Atmospheric and Low-Pressure Storage
Tanks," fourth edition, 1981, may be used, where applicable, as guidelines
in conducting other than a leak test.] (C) If, as a result of the assessment
conducted in accordance with paragraph (A) of this rule, a tank system is found
to be leaking or unfit for use, the remanufacturer or other person who stores
or treats the hazardous secondary material shall comply with the requirements
of rule 3745-51-196 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 June 12, 2023 at 8:37 AM
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Rule 3745-51-193 | Containment and detection of releases - tank systems.
(A) Secondary containment systems shall
be: (1) Designed, installed,
and operated to prevent any migration of materials or accumulated liquid out of
the system to the soil, ground water, or surface water at any time during the
use of the tank system; and (2) Capable of detecting
and collecting releases and accumulated liquids until the collected material is
removed. [Comment: If the collected material is a
hazardous waste under Chapter 3745-51 of the Administrative Code, the collected
material is subject to management as a hazardous waste in accordance with all
applicable requirements of Chapters 3745-52, 3745-53, 3745-54 to 3745-57,
3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code. If the collected material is discharged through a point
source to waters of the United States, the collected material is subject to the
requirements of Section 301, Section 304, and Section 402 of the Clean Water
Act. If discharged to a publicly owned treatment works (POTW), the collected
material is subject to the requirements of Section 307 of the Clean Water Act.
If the collected material is released to the environment, the collected
material may be subject to the reporting requirements of 40 CFR Part
302.] (B) To meet the requirements of paragraph
(A) of this rule, secondary containment systems shall be, at a
minimum: (1) Constructed of or
lined with materials that are compatible with the materials to be placed in the
tank system and shall have sufficient strength and thickness to prevent failure
owing to pressure gradients (including static head and external hydrological
forces), physical contact with the material to which the tank system is
exposed, climatic conditions, and the stress of daily operation (including
stresses from nearby vehicular traffic); (2) Placed on a
foundation or base capable of providing support to the secondary containment
system, resistance to pressure gradients above and below the tank system, and
capable of preventing failure due to settlement, compression, or
uplift; (3) Provided with a
leak-detection system that is designed and operated so that the leak detection
system will detect the failure of either the primary or secondary containment
structure or the presence of any release of hazardous secondary material or
accumulated liquid in the secondary containment system at the earliest
practicable time; and (4) Sloped or otherwise
designed or operated to drain and remove liquids resulting from leaks, spills,
or precipitation. Spilled or leaked material and accumulated precipitation
shall be removed from the secondary containment system within twenty-four
hours, or in as timely a manner as is possible to prevent harm to human health
and the environment. (C) Secondary containment for tanks shall
include one or more of the following devices: (1) A liner (external to
the tank); (2) A vault;
or (3) A double-walled
tank. (D) In addition to the requirements of
paragraphs (A), (B), and (C) of this rule, secondary containment systems shall
satisfy the following requirements: (1) External liner
systems shall be: (a) Designed or operated to contain one hundred per cent of
the capacity of the largest tank within the boundary of the external liner
system; (b) Designed or operated to prevent run-on or infiltration
of precipitation into the secondary containment system unless the collection
system has sufficient excess capacity to contain run-on or infiltration. Such
additional capacity shall be sufficient to contain precipitation from a
twenty-five-year, twenty-four-hour rainfall event; (c) Free of cracks or gaps; and (d) Designed and installed to surround the tank completely
and to cover all surrounding earth likely to come into contact with the
material if the material is released from the tanks (i.e., capable of
preventing lateral as well as vertical migration of the material). (2) Vault systems shall
be: (a) Designed or operated to contain one hundred per cent of
the capacity of the largest tank within the boundary of the vault
system; (b) Designed or operated to prevent run-on or infiltration
of precipitation into the secondary containment system unless the collection
system has sufficient excess capacity to contain run-on or infiltration. Such
additional capacity shall be sufficient to contain precipitation from a
twenty-five-year, twenty-four-hour rainfall event; (c) Constructed with chemical-resistant water stops in
place at all joints (if any); (d) Provided with an impermeable interior coating or lining
that is compatible with the stored material and that will prevent migration of
material into the concrete; (e) Provided with a means to protect against the formation
of and ignition of vapors within the vault, if the material being stored or
treated is ignitable or reactive; and (f) Provided with an exterior moisture barrier or be
otherwise designed or operated to prevent migration of moisture into the vault
if the vault is subject to hydraulic pressure. (3) Double-walled tanks
shall be: (a) Designed as an integral structure (i.e., an inner tank
completely enveloped within an outer shell) so that any release from the inner
tank is contained by the outer shell; (b) Protected, if constructed of metal, from both corrosion
of the primary tank interior and of the external surface of the outer shell;
and (c) Provided with a built-in continuous leak detection
system capable of detecting a release within twenty-four hours, or at the
earliest practicable time. [Comment: The provisions outlined in the
steel tank institute's (STI) "Standard for Dual Wall Underground
Steel Storage Tanks" may be used as guidelines for aspects of the design
of underground steel double-walled tanks.] (E) [Reserved.] (F) Ancillary equipment shall be provided
with secondary containment (e.g., trench, jacketing, double-walled piping) that
meets the requirements of paragraphs (A) and (B) of this rule except
for: (1) Aboveground piping
(exclusive of flanges, joints, valves, and other connections) that are visually
inspected for leaks on a daily basis; (2) Welded flanges,
welded joints, and welded connections that are visually inspected for leaks on
a daily basis; (3) Sealless or magnetic
coupling pumps and sealless valves that are visually inspected for leaks on a
daily basis; and (4) Pressurized
aboveground piping systems with automatic shut-off devices (e.g., excess flow
check valves, flow metering shutdown devices, loss of pressure actuated
shut-off devices) that are visually inspected for leaks on a daily
basis. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 8:37 AM
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Rule 3745-51-194 | General operating requirements - tank systems.
(A) Hazardous secondary materials or
treatment reagents shall not be placed in a tank system if the hazardous
secondary materials or treatment reagents could cause the tank, the tank's
ancillary equipment, or the containment system to rupture, leak, corrode, or
otherwise fail. (B) The remanufacturer or other person who stores or treats
the hazardous secondary material shall use appropriate controls and practices
to prevent spills and overflows from tank or containment systems, including, at
a minimum: (1) Spill prevention controls (e.g., check valves, dry
disconnect couplings); (2) Overfill prevention controls (e.g., level sensing
devices, high level alarms, automatic feed cutoff, or bypass to a standby
tank); and (3) Maintenance of sufficient freeboard in uncovered tanks
to prevent overtopping by wave or wind action or by precipitation. (C) The remanufacturer or other person who stores or treats
the hazardous secondary material shall comply with the requirements of rule
3745-51-196 of the Administrative Code if a leak or spill occurs in the tank
system.
Last updated June 12, 2023 at 8:38 AM
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Rule 3745-51-196 | Response to leaks or spills and disposition of leaking unfit-for-use tank systems.
A tank system or secondary containment system from
which there has been a leak or spill, or which is unfit for use, shall be
removed from service immediately, and the remanufacturer or other person who
stores or treats the hazardous secondary material satisfy the following
requirements: (A) Cessation of use; prevent flow or
addition of materials. The remanufacturer or other person who stores or treats
the hazardous secondary material shall immediately stop the flow of hazardous
secondary material into the tank system or secondary containment system and
inspect the tank system or secondary containment system to determine the cause
of the release. (B) Removal of material from tank system
or secondary containment system. (1) If the release was
from the tank system, the remanufacturer or other person who stores or treats
the hazardous secondary material shall, within twenty-four hours after
detection of the leak or, if the remanufacturer or other person who stores or
treats the hazardous secondary material demonstrates that it is not possible,
at the earliest practicable time, remove as much of the material as is
necessary to prevent further release of hazardous secondary material to the
environment, and to allow inspection and repair of the tank system to be
performed. (2) If the material
released was to a secondary containment system, all released materials shall be
removed within twenty-four hours or in as timely a manner as is possible to
prevent harm to human health and the environment. (C) Containment of visible releases to
the environment. The remanufacturer or other person who stores or treats the
hazardous secondary material shall immediately conduct a visual inspection of
the release and, based upon that inspection: (1) Prevent further
migration of the leak or spill to soils or surface water; and (2) Remove and properly
dispose of, any visible contamination of the soil or surface
water. (D) Notifications, reports. (1) Any release to the
environment, except as provided in paragraph (D)(2) of this rule, shall be
reported to the director within twenty-four hours after detection of the
release. If the release has been reported pursuant to 40 CFR Part 302, that
report will satisfy this requirement. (2) A leak or spill of
hazardous secondary material is exempted from the requirements of this
paragraph if the leak or spill is: (a) Less than or equal to a quantity of one pound;
and (b) Immediately contained and cleaned up. (3) Within thirty days
after detection of a release to the environment, a report containing the
following information shall be submitted to the director: (a) Likely route of migration of the release; (b) Characteristics of the surrounding soil (soil
composition, geology, hydrogeology, climate); (c) Results of any monitoring or sampling conducted in
connection with the release (if available). If sampling or monitoring data
relating to the release are not available within thirty days, these data shall
be submitted to the director as soon as these data become
available. (d) Proximity to downgradient drinking water, surface
water, and populated areas; and (e) Description of response actions taken or
planned. (E) Provision of secondary containment,
repair, or closure. (1) Unless the
remanufacturer or other person who stores or treats the hazardous secondary
material satisfies the requirements of paragraphs (E)(2) to (E)(4) of this
rule, the tank system shall cease to operate under the remanufacturing
exclusion in paragraph (A)(27) of rule 3745-51-04 of the Administrative
Code. (2) If the cause of the
release was a spill that has not damaged the integrity of the tank system, the
remanufacturer or other person who stores or treats the hazardous secondary
material may return the tank system to service as soon as the released material
is removed and repairs, if necessary, are made. (3) If the cause of the
release was a leak from the primary tank system into the secondary containment
system, the primary tank system shall be repaired prior to returning the tank
system to service. (4) If the source of the
release was a leak to the environment from a component of a tank system without
secondary containment, the remanufacturer or other person who stores or treats
the hazardous secondary material shall provide the component of the tank system
from which the leak occurred with secondary containment that satisfies the
requirements of rule 3745-51-193 of the Administrative Code before the tank
system can be returned to service, unless the source of the leak is an
aboveground portion of a tank system that can be inspected visually. If the
source is an aboveground component that can be inspected visually, the
component shall be repaired and may be returned to service without secondary
containment as long as the requirements of paragraph (F) of this rule are
satisfied. Additionally, if a leak has occurred in any portion of a tank system
component that is not readily accessible for visual inspection (e.g., the
bottom of an inground or onground tank), the entire component shall be provided
with secondary containment in accordance with rule 3745-51-193 of the
Administrative Code prior to being returned to use. (F) Certification of major repairs. If
the remanufacturer or other person who stores or treats the hazardous secondary
material has repaired a tank system in accordance with paragraph (E) of this
rule, and the repair has been extensive (e.g., installation of an internal
liner; repair of a ruptured primary containment or secondary containment
vessel), the tank system shall not be returned to service unless the
remanufacturer or other person who stores or treats the hazardous secondary
material has obtained a certification by a qualified professional engineer that
the repaired system is capable of handling hazardous secondary materials
without release for the intended life of the tank system. This certification
shall be kept on file at the facility and maintained until closure of the
facility. [Comment 1: The director, on the basis of any
information received that there is or has been a release of hazardous secondary
material or hazardous constituents into the environment, may issue an order
under section 3734.20 and Chapter 6111. of the Revised Code requiring
corrective action or such other response as deemed necessary to protect human
health or the environment.] [Comment 2: 40 CFR Part 302 may require the owner
or operator to notify the "National Response Center" of certain
releases.] [Comment 3: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 8:38 AM
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Rule 3745-51-197 | Termination of remanufacturing exclusion - tank systems.
Hazardous secondary material stored in units more
than ninety days after the unit ceases to operate under the remanufacturing
exclusion in paragraph (A)(27) of rule 3745-51-04 of the Administrative Code or
otherwise ceases to be operated for manufacturing, or for storage of a product
or a raw material, then becomes subject to regulation as hazardous waste under
Chapters 3745-50 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266,
and 3745-270 of the Administrative Code, as applicable.
Last updated June 12, 2023 at 8:38 AM
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Rule 3745-51-198 | Special requirements for ignitable or reactive materials - tank systems.
(A) Ignitable or reactive material shall
not be placed in tank systems, unless the material is stored or treated in such
a way that the ignitable or reactive material is protected from any material or
conditions that may cause the material to ignite or react. (B) The remanufacturer or other person
who stores or treats hazardous secondary material which is ignitable or
reactive shall store or treat the hazardous secondary material in a tank that
is in compliance with the requirements for the maintenance of protective
distances between the material management area and any public ways, streets,
alleys, or an adjoining property line that can be built upon as required in the
tables in the national fire protection association's (NFPA)
"Flammable and Combustible Liquids Code." [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 8:39 AM
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Rule 3745-51-199 | Special requirements for incompatible materials - tank systems.
(A) Incompatible materials shall not be
placed in the same tank system. (B) Hazardous secondary material shall
not be placed in a tank system that has not been decontaminated and that
previously held an incompatible material.
Last updated June 12, 2023 at 8:39 AM
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Rule 3745-51-200 | Air emission standards - tank systems.
The remanufacturer or other person who stores or
treats the hazardous secondary material shall manage all hazardous secondary
material placed in a tank in accordance with the applicable requirements of
rules 3745-51-730 to 3745-51-735, 3745-51-750 to 3745-51-764, and 3745-51-780
to 3745-51-789 of the Administrative Code.
Last updated June 12, 2023 at 8:39 AM
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Rule 3745-51-400 | Applicability - emergency preparedness and response for management of excluded hazardous secondary materials.
Rules 3745-51-400 to 3745-51-420 of the
Administrative Code apply to those areas of an entity managing hazardous
secondary materials excluded under paragraphs (A)(23) and (A)(24) of rule
3745-51-04 of the Administrative Code where hazardous secondary materials are
generated or accumulated on-site. (A) A generator of hazardous secondary
material, or an intermediate or reclamation facility that accumulates six
thousand kilograms (kg) or less of hazardous secondary material at any time
shall comply with rules 3745-51-410 and 3745-51-411 of the Administrative
Code. (B) A generator of hazardous secondary
material, or an intermediate or reclamation facility that accumulates more than
six thousand kg of hazardous secondary material at any time shall comply with
rules 3745-51-410 and 3745-51-420 of the Administrative Code.
Last updated March 7, 2025 at 8:17 AM
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Rule 3745-51-410 | Preparedness and prevention - emergency preparedness and response for management of excluded hazardous secondary materials.
(A) Maintenance and operation of
facility. Facilities generating or accumulating hazardous secondary material
shall be maintained and operated to minimize the possibility of a fire,
explosion, or any unplanned sudden or non-sudden release of hazardous secondary
materials or hazardous secondary material constituents to air, soil, or surface
water which could threaten human health or the environment. (B) Required equipment. All facilities
generating or accumulating hazardous secondary material shall be equipped with
the following, unless none of the hazards posed by hazardous secondary material
handled at the facility could require a particular kind of equipment specified
here: (1) An internal
communications or alarm system capable of providing immediate emergency
instruction (voice or signal) to facility personnel; (2) A device, such as a
telephone (immediately available at the scene of operations) or a hand-held
two-way radio, capable of summoning emergency assistance from local police
departments, fire departments, or state or local emergency response
teams; (3) Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment; and (4) Water at adequate
volume and pressure to supply water hose streams, or foam producing equipment,
or automatic sprinklers, or water spray systems. (C) Testing and maintenance of equipment.
All facility communications or alarm systems, fire protection equipment, spill
control equipment, and decontamination equipment, where required, shall be
tested and maintained as necessary to assure the equipment's proper
operation in time of emergency. (D) Access to communications or alarm
system. (1) Whenever hazardous
secondary material is being poured, mixed, spread, or otherwise handled, all
personnel involved in the operation shall have immediate access to an internal
alarm or emergency communication device, either directly or through visual or
voice contact with another employee, unless such a device is not required under
paragraph (B) of this rule. (2) If there is ever just
one employee on the premises while the facility is operating, the employee
shall have immediate access to a device, such as a telephone (immediately
available at the scene of operation) or a hand-held two-way radio, capable of
summoning external emergency assistance, unless such a device is not required
under paragraph (B) of this rule. (E) Required aisle space. The hazardous
secondary material generator or intermediate or reclamation facility shall
maintain aisle space to allow the unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination equipment to
any area of facility operation in an emergency, unless aisle space is not
needed for any of these purposes. (F) Arrangements with local
authorities. (1) The hazardous
secondary material generator or an intermediate or reclamation facility shall
attempt to make the following arrangements, as appropriate for the type of
waste handled at the facility and the potential need for the services of these
organizations: (a) Arrangements to familiarize police, fire departments, and
emergency response teams with the layout of the facility, properties of
hazardous secondary material handled at the facility and associated hazards,
places where facility personnel would normally be working, entrances to roads
inside the facility, and possible evacuation routes; (b) Where more than one police and fire department might respond
to an emergency, agreements designating primary emergency authority to a
specific police and a specific fire department, and agreements with any others
to provide support to the primary emergency authority; (c) Agreements with state emergency response teams, emergency
response contractors, and equipment suppliers; and (d) Arrangements to familiarize local hospitals with the
properties of hazardous waste handled at the facility and the types of injuries
or illnesses which could result from fires, explosions, or releases at the
facility. (2) Where state or local
authorities decline to enter into such arrangements, the hazardous secondary
material generator or an intermediate or reclamation facility shall document
the refusal in the operating record.
Last updated March 7, 2025 at 8:17 AM
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Rule 3745-51-411 | Emergency procedures for facilities generating or accumulating six thousand kilograms or less of hazardous secondary material.
A generator or an intermediate or reclamation
facility that generates or accumulates six thousand kilograms or less of
hazardous secondary material shall comply with the following
requirements: (A) At all times there shall be at least
one employee either on the premises or on call (i.e., available to respond to
an emergency by reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures specified in
paragraph (D) of this rule. This employee is the emergency
coordinator. (B) The generator or intermediate or
reclamation facility shall post the following information next to the
telephone: (1) The name and
telephone number of the emergency coordinator; (2) Location of fire
extinguishers and spill control material, and, if present, fire alarm;
and (3) The telephone number
of the fire department, unless the facility has a direct alarm. (C) The generator or an intermediate or
reclamation facility shall ensure that all employees are thoroughly familiar
with proper waste handling and emergency procedures, relevant to the
employees' responsibilities during normal facility operations and
emergencies; (D) The emergency coordinator or the
emergency coordinator's designee shall respond to any emergencies that
arise. The applicable responses are as follows: (1) In the event of a
fire, call the fire department or attempt to extinguish the fire using a fire
extinguisher; (2) In the event of a
spill, contain the flow of hazardous waste to the extent possible, and as soon
as is practicable, clean up the hazardous waste and any contaminated materials
or soil; (3) In the event of a
fire, explosion, or other release which could threaten human health outside the
facility or when the generator or an intermediate or reclamation facility has
knowledge that a spill has reached surface water, the generator or an
intermediate or reclamation facility operating under a verified recycler
variance under paragraph (D) of rule 3745-50-24 of the Administrative Code
shall immediately notify the "National Response Center" using the
twenty-four-hour toll free number 800/424-8802. The report shall include the
following information: (a) The name, address, and U.S. EPA identification number of the
facility; (b) Date, time, and type of incident (e.g., spill or
fire); (c) Quantity and type of hazardous waste involved in the
incident; (d) Extent of injuries, if any; and (e) Estimated quantity and disposition of recovered materials, if
any.
Last updated March 7, 2025 at 8:17 AM
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Rule 3745-51-420 | Contingency planning and emergency procedures for facilities generating or accumulating more than six thousand kilograms of hazardous secondary material.
A generator or an intermediate or reclamation
facility that generates or accumulates more than six thousand kilograms (kg) of
hazardous secondary material shall comply with the following
requirements: (A) Purpose and implementation of
contingency plan. (1) Each generator or an
intermediate or reclamation facility that accumulates more than six thousand kg
of hazardous secondary material shall have a contingency plan for the facility.
The contingency plan shall be designed to minimize hazards to human health or
the environment from fires, explosions, or any unplanned sudden or non-sudden
release of hazardous secondary material or hazardous secondary material
constituents to air, soil, or surface water. (2) The provisions of the
contingency plan shall be carried out immediately whenever there is a fire,
explosion, or release of hazardous secondary material or hazardous secondary
material constituents which could threaten human health or the
environment. (B) Content of contingency
plan. (1) The contingency plan
shall describe the actions facility personnel shall take to comply with
paragraphs (A) and (F) of this rule in response to fires, explosions, or any
unplanned sudden or non-sudden release of hazardous secondary material or
hazardous secondary material constituents to air, soil, or surface water at the
facility. (2) If the generator or
an intermediate facility or reclamation facility accumulating more than six
thousand kg of hazardous secondary material has already prepared a "Spill
Prevention, Control, and Countermeasures Plan" in accordance with 40 CFR
Part 112, or some other emergency plan or contingency plan, that plan need only
be amended to incorporate hazardous waste management provisions that are
sufficient to comply with the requirements of Chapter 3745-51 of the
Administrative Code. The hazardous secondary material generator or an
intermediate facility or reclamation facility operating under a verified
recycler variance under paragraph (D) of rule 3745-50-24 of the Administrative
Code may develop one contingency plan which meets all regulatory requirements.
Ohio EPA recommends that the plan be based on the "National Response
Team's Integrated Contingency Plan Guidance ("One Plan")."
When modifications are made to non-Resource Conservation and Recovery Act
(non-RCRA) provisions in an integrated contingency plan, the changes do not
trigger the need for a hazardous waste management permit
modification. (3) The contingency plan
shall describe arrangements agreed to by local police departments, fire
departments, hospitals, contractors, and state and local emergency response
teams to coordinate emergency services, pursuant to paragraph (F) of rule
3745-51-410 of the Administrative Code. (4) The contingency plan
shall list names, addresses, and telephone numbers (office and home) of all
persons qualified to act as emergency coordinator [see paragraph (E) of this
rule], and this list shall be kept up to date. Where more than one person is
listed, one shall be named as primary emergency coordinator and others shall be
listed in the order in which to assume responsibility as
alternates. (5) The contingency plan
shall include a list of all emergency equipment at the facility [such as fire
extinguishing systems, spill control equipment, communications and alarm
systems (internal and external), and decontamination equipment], where this
equipment is required. This list shall be kept up to date. In addition, the
contingency plan shall include the location and a physical description of each
item on the list, and a brief outline of the capabilities of each item on the
list. (6) The contingency plan
shall include an evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary. This evacuation plan shall
describe signals to be used to begin evacuation, evacuation routes, and
alternate evacuation routes (in cases where the primary routes could be blocked
by releases of hazardous waste or fires). (C) Copies of contingency plan. A copy of
the contingency plan and all revisions to the contingency plan shall
be: (1) Maintained at the
facility; and (2) Submitted to all
local police departments, fire departments, hospitals, and state and local
emergency response teams that may be called upon to provide emergency
services. (D) Amendment of contingency plan. The
contingency plan shall be reviewed, and immediately amended, if necessary,
whenever: (1) Applicable
regulations are revised; (2) The contingency plan
fails in an emergency; (3) The facility changes
in design, construction, operation, maintenance, or other circumstances in a
way that materially increases the potential for fires, explosions, or releases
of hazardous secondary material or hazardous secondary material constituents,
or changes the response necessary in an emergency; (4) The list of emergency
coordinators changes; or (5) The list of emergency
equipment changes. (E) Emergency coordinator. At all times,
there shall be at least one employee either on the facility premises or on call
(i.e., available to respond to an emergency by reaching the facility within a
short period of time) with the responsibility for coordinating all emergency
response measures. This emergency coordinator shall be thoroughly familiar with
all aspects of the facility's contingency plan, all operations and
activities at the facility, the location and characteristics of waste handled,
the location of all records within the facility, and the facility layout. In
addition, this person shall have the authority to commit the resources needed
to carry out the contingency plan. The emergency coordinator's
responsibilities are more fully spelled out in paragraph (F) of this rule.
Applicable responsibilities for the emergency coordinator vary, depending on
factors such as type and variety of hazardous secondary materials handled by
the facility, and type and complexity of the facility. (F) Emergency procedures. (1) Whenever there is an
imminent or actual emergency situation, the emergency coordinator (or the
emergency coordinator's designee when the emergency coordinator is on
call) shall immediately: (a) Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and (b) Notify appropriate state or local agencies with designated
response roles if help is needed from those agencies. (2) Whenever there is a
release, fire, or explosion, the emergency coordinator shall immediately
identify the character, exact source, amount, and areal extent of any released
materials. The emergency coordinator may do this by observation or review of
facility records or manifests and, if necessary, by chemical
analysis. (3) Concurrently, the
emergency coordinator shall assess possible hazards to human health or the
environment that may result from the release, fire, or explosion. This
assessment shall consider both direct and indirect effects of the release,
fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating
gases that are generated, or the effects of any hazardous surface water
run-offs from water or chemical agents used to control fire and heat-induced
explosions). (4) If the emergency
coordinator determines that the facility has had a release, fire, or explosion
which could threaten human health, or the environment, outside the facility,
the emergency coordinator shall report those findings as follows: (a) If the emergency coordinator's assessment indicates
that evacuation of local areas may be advisable, the emergency coordinator
shall immediately notify appropriate local authorities. The emergency
coordinator shall be available to help appropriate officials decide whether
local areas should be evacuated; and (b) The emergency coordinator shall immediately notify either the
government official designated as the on-scene coordinator for that
geographical area, or the "National Response Center" using the
twenty-four-hour toll-free number 800/424-8802. The report shall
include: (i) Name and telephone
number of the reporter of the emergency; (ii) Name and address of
facility; (iii) Time and type of
incident (e.g., release, fire); (iv) Name and quantity of
materials involved, to the extent known; (v) The extent of
injuries, if any; and (vi) ) The possible
hazards to human health, or the environment, outside the facility. (5) During an emergency,
the emergency coordinator shall take all reasonable measures necessary to
ensure that fires, explosions, and releases do not occur, recur, or spread to
other hazardous secondary material at the facility. These measures shall
include, where applicable, stopping processes and operations, collecting and
containing released material, and removing or isolating
containers. (6) If the facility stops
operations in response to a fire, explosion or release, the emergency
coordinator shall monitor for leaks, pressure buildup, gas generation, or
ruptures in valves, pipes, or other equipment, wherever this is
appropriate. (7) Immediately after an
emergency, the emergency coordinator shall provide for treating, storing, or
disposing of recovered secondary material, contaminated soil or surface water,
or any other material that results from a release, fire, or explosion at the
facility. Unless the hazardous secondary material generator can demonstrate, in
accordance with paragraph (C) or (D) of rule 3745-51-03 of the Administrative
Code, that the recovered material is not a hazardous waste, the owner or
operator becomes a generator of hazardous waste and shall manage the hazardous
waste in accordance with all applicable requirements of Chapters 3745-52,
3745-53, and 3745-65 to 3745-69 and 3745-256 of the Administrative
Code. (8) The emergency
coordinator shall ensure that, in the affected areas of the
facility: (a) No secondary material that may be incompatible with the
released material is treated, stored, or disposed of until cleanup procedures
are completed; and (b) All emergency equipment listed in the contingency plan is
cleaned and fit for the intended use of the equipment before operations are
resumed. (9) The hazardous
secondary material generator shall note in the operating record the time, date,
and details of any incident that requires implementing the contingency plan.
Within fifteen days after the incident, the hazardous secondary material
generator shall submit a written report on the incident to the director. The
report shall include: (a) Name, address, and telephone number of the hazardous
secondary material generator; (b) Name, address, and telephone number of the
facility; (c) Date, time, and type of incident (e.g., fire,
explosion); (d) Name and quantity of materials involved; (e) The extent of injuries, if any; (f) An assessment of actual or potential hazards to human health
or the environment, where this is applicable; and (g) Estimated quantity and disposition of recovered material that
resulted from the incident. (G) Personnel training. All employees
shall be thoroughly familiar with proper waste handling and emergency
procedures relevant to the employee's responsibilities during normal
facility operations and emergencies. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 8:17 AM
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Rule 3745-51-730 | Applicability - air emission standards for process vents.
Rules 3745-51-730 to 3745-51-735 of the
Administrative Code apply to process vents associated with distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations that manage hazardous secondary materials excluded under
the remanufacturing exclusion in paragraph (A)(27) of rule 3745-51-04 of the
Administrative Code with concentrations of at least ten parts per million by
weight unless the process vents are equipped with operating air emission
controls in accordance with the requirements of an applicable Clean Air Act
regulation codified under 40 CFR Part 60, Part 61, or Part 63. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 8:44 AM
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Rule 3745-51-731 | Definitions - air emission standards for process vents.
As used in rules 3745-51-730 to 3745-51-735 of the
Administrative Code, all terms not defined herein have the meanings given in
the Resource Conservation and Recovery Act and Chapters 3745-50 to 3745-57,
3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative
Code. (A) "Air stripping operation"
is a desorption operation employed to transfer one or more volatile components
from a liquid mixture into a gas (air) either with or without the application
of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or
valve-type plate towers are among the process configurations used for
contacting the air and a liquid. (B) "Bottoms receiver" means a
container or tank used to receive and collect the heavier bottoms fractions of
the distillation feed stream that remain in the liquid phase. (C) (1) "Closed-vent
system" means a system that is not open to the atmosphere and that is
composed of piping, connections, and, if necessary, flow-inducing devices that
transport gas or vapor from a piece or pieces of equipment to a control
device. (2) "Condenser"
means a heat-transfer device that reduces a thermodynamic fluid from its vapor
phase to its liquid phase. (3) "Connector"
means flanged, screwed, welded, or other joined fittings used to connect two
pipelines or a pipeline and a piece of equipment. For the purposes of reporting
and recordkeeping, connector means flanged fittings that are not covered by
insulation or other materials that prevent location of the
fittings. (4) "Continuous
recorder" means a data-recording device recording an instantaneous data
value at least once every fifteen minutes. (5) "Control
device" means an enclosed combustion device, vapor recovery system, or
flare. Any device the primary function of which is the recovery or capture of
solvents or other organics for use, reuse, or sale (e.g., a primary condenser
on a solvent recovery unit) is not a control device. (6) "Control device
shutdown" means the cessation of operation of a control device for any
purpose. (D) (1) "Distillate
receiver" means a container or tank used to receive and collect liquid
material (condensed) from the overhead condenser of a distillation unit and
from which the condensed liquid is pumped to larger storage tanks or other
process units. (2) "Distillation
operation" means an operation, either batch or continuous, separating one
or more feed streams into two or more exit streams, each exit stream having
component concentrations different from those in the feed streams. The
separation is achieved by the redistribution of the components between the
liquid and vapor phase as the components approach equilibrium within the
distillation unit. (3) "Double block
and bleed system" means two block valves connected in series with a bleed
valve or line that can vent the line between the two block valves. (E) "Equipment" means each
valve, pump, compressor, pressure relief device, sampling connection system,
open-ended valve or line, or flange or other connector, and any control devices
or systems required by rules 3745-51-730 to 3745-51-735 of the Administrative
Code. (F) (1) "Flame
zone" means the portion of the combustion chamber in a boiler occupied by
the flame envelope. (2) "Flow
indicator" means a device that indicates whether gas flow is present in a
vent stream. (3) "First attempt
at repair" means to take rapid action for the purpose of stopping or
reducing leakage of organic material to the atmosphere using best
practices. (4) "Fractionation
operation" means a distillation operation or method used to separate a
mixture of several volatile components of different boiling points in
successive stages, each stage removing from the mixture some proportion of one
of the components. (G) [Reserved.] (H) (1) "Hazardous
secondary material management unit shutdown" means a work practice or
operational procedure that stops operation of a hazardous secondary material
management unit or part of a hazardous secondary material management unit. An
unscheduled work practice or operational procedure that stops operation of a
hazardous secondary material management unit or part of a hazardous secondary
material management unit for less than twenty-four hours is not a hazardous
secondary material management unit shutdown. The use of spare equipment and
technically feasible bypassing of equipment without stopping operation are not
hazardous secondary material management unit shutdowns. (2) "Hot well"
means a container for collecting condensate as in a steam condenser serving a
vacuum-jet or steam-jet ejector. (I) (1) "In gas or vapor
service" means that the piece of equipment contains or contacts a
hazardous secondary material stream that is in the gaseous state at operating
conditions. (2) "In heavy liquid
service" means that the piece of equipment is not in gas or vapor service
or in light liquid service. (3) "In light liquid
service" means that the piece of equipment contains or contacts a material
stream where the vapor pressure of one or more of the organic components in the
stream is greater than 0.3 kilopascals (kPa) at twenty degrees Celsius, the
total concentration of the pure organic components having a vapor pressure
greater than 0.3 kPa at twenty degrees Celsius is equal to or greater than
twenty per cent by weight, and the fluid is a liquid at operating
conditions. (4) "In situ
sampling systems" means non-extractive samplers or in-line
samplers. (5) "In vacuum
service" means that equipment is operating at an internal pressure that is
at least five kPa below ambient pressure. (J) [Reserved.] (K) [Reserved.] (L) [Reserved.] (M) "Malfunction" means any
sudden failure of a control device or a hazardous secondary material management
unit or failure of a hazardous secondary material management unit to operate in
a normal or usual manner, so that organic emissions are increased. (N) [Reserved.] (O) "Open-ended valve or line"
means any valve, except pressure relief valves, having one side of the valve
seat in contact with hazardous secondary material and one side open to the
atmosphere, either directly or through open piping. (P) (1) "Pressure
release" means the emission of materials resulting from the system
pressure being greater than the set pressure of the pressure relief
device. (2) "Process
heater" means a device that transfers heat liberated by burning fuel to
fluids contained in tubes, including all fluids except water that are heated to
produce steam. (3) "Process
vent" means any open-ended pipe or stack that is vented to the atmosphere
either directly, through a vacuum-producing system, or through a tank (e.g.,
distillate receiver, condenser, bottoms receiver, surge control tank, separator
tank, or hot well) associated with hazardous secondary material distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations. (Q) [Reserved.] (R) "Repaired" means that
equipment is adjusted, or otherwise altered, to eliminate a leak. (S) (1) "Sampling
connection system" means an assembly of equipment within a process or
material management unit used during periods of representative operation to
take samples of the process or material fluid. Equipment used to take
non-routine grab samples is not considered a sampling connection
system. (2) "Sensor"
means a device that measures a physical quantity or the change in a physical
quantity, such as temperature, pressure, flow rate, pH, or liquid
level. (3) "Separator
tank" means a device used for separation of two immiscible
liquids. (4) "Solvent
extraction operation" means an operation or method of separation in which
a solid or solution is contacted with a liquid solvent (the two being mutually
insoluble) to preferentially dissolve and transfer one or more components into
the solvent. (5) "Startup"
means the setting in operation of a hazardous secondary material management
unit or control device for any purpose. (6) "Steam stripping
operation" means a distillation operation in which vaporization of the
volatile constituents of a liquid mixture takes place by the introduction of
steam directly into the charge. (7) "Surge control
tank" means a large-sized pipe or storage reservoir sufficient to contain
the surging liquid discharge of the process tank to which the pipe or storage
reservoir is connected. (T) "Thin-film evaporation
operation" means a distillation operation that employs a heating surface
consisting of a large diameter tube that may be either straight or tapered,
horizontal or vertical. Liquid is spread on the tube wall by a rotating
assembly of blades that maintain a close clearance from the wall or actually
ride on the film of liquid on the wall. (U) [Reserved.] (V) (1) "Vapor
incinerator" means any enclosed combustion device that is used for
destroying organic compounds and does not extract energy in the form of steam
or process heat. (2) "Vented"
means discharged through an opening, typically an open-ended pipe or stack,
allowing the passage of a stream of liquids, gases, or fumes into the
atmosphere. The passage of liquids, gases, or fumes is caused by mechanical
means such as compressors or vacuum-producing systems or by process-related
means such as evaporation produced by heating and not caused by tank loading
and unloading (working losses) or by natural means such as diurnal temperature
changes. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 8:44 AM
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Rule 3745-51-732 | Emission standards for process vents.
(A) The remanufacturer or other person
who stores or treats hazardous secondary materials in hazardous secondary
material management units with process vents associated with distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations managing hazardous secondary material with organic
concentrations of at least ten parts per million by weight shall
either: (1) Reduce total organic
emissions from all affected process vents at the facility below 1.4 kilograms
per hour (kg/hr) [three pounds per hour (lb/hr)] and 2.8 Megagrams per year
(Mg/yr) [3.1 tons per year (tons/yr)]; or (2) Reduce, by use of a
control device, total organic emissions from all affected process vents at the
facility by ninety-five weight per cent. (B) If the remanufacturer or other person
who stores or treats the hazardous secondary material installs a closed-vent
system and control device to comply with paragraph (A) of this rule the
closed-vent system and control device shall meet the requirements of rule
3745-51-733 of the Administrative Code. (C) Determinations of vent emissions and
emission reductions or total organic compound concentrations achieved by add-on
control devices may be based on engineering calculations or performance tests.
If performance tests are used to determine vent emissions, emission reductions,
or total organic compound concentrations achieved by add-on control devices,
the performance tests must conform with the requirements of paragraph (C) of
rule 3745-51-734 of the Administrative Code. (D) When a remanufacturer or other person
who stores or treats the hazardous secondary material and the director do not
agree on determinations of vent emissions or emission reductions or total
organic compound concentrations achieved by add-on control devices based on
engineering calculations, the procedures in paragraph (C) of rule 3745-51-734
of the Administrative Code shall be used to resolve the
disagreement.
Last updated June 12, 2023 at 8:44 AM
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Rule 3745-51-733 | Closed-vent systems and control devices - process vents.
(A) (1) The remanufacturer or other person who stores or treats the hazardous secondary materials in hazardous secondary material management units using closed-vent systems and control devices used to comply with Chapter 3745-51 of the Administrative Code shall comply with this rule. (2) [Reserved.] (B) A control device involving vapor recovery (e.g., a condenser or adsorber) shall be designed and operated to recover the organic vapors vented to the control device with an efficiency of ninety-five weight per cent or greater unless the total organic emission limits of paragraph (A)(1) of rule 3745-51-732 of the Administrative Code for all affected process vents can be attained at an efficiency less than ninety-five weight per cent. (C) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) shall be designed and operated to reduce the organic emissions vented to the enclosed combustion device by ninety-five weight per cent or greater; to achieve a total organic compound concentration of twenty parts per million by volume (ppmv), expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to three per cent oxygen; or to provide a minimum residence time of 0.5 seconds at a minimum temperature of seven hundred sixty degrees Celsius. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater. (D) (1) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in paragraph (E)(1) of this rule, except for periods not to exceed a total of five minutes during any two consecutive hours. (2) A flare shall be operated with a flame present at all times, as determined by the methods specified in paragraph (F)(2)(c) of this rule. (3) A flare shall be used only if the net heating value of the gas being combusted is 11.2 MegaJoules per standard cubic meter of gas (MJ/scm) [three hundred British thermal units per standard cubic foot (Btu/scf)] or greater if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combusted is 7.45 MJ/scm (two hundred Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas being combusted shall be determined by the methods specified in paragraph (E)(2) of this rule. (4) (a) A steam-assisted or non-assisted flare shall be designed for and operated with an exit velocity, as determined by the methods specified in paragraph (E)(3) of this rule, less than 18.3 meters per second (m/s) [sixty feet per second (ft/s)], except as provided in paragraph (D)(4)(b) and paragraph (D)(4)(c) of this rule. (b) A steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the methods specified in paragraph (E)(3) of this rule, equal to or greater than 18.3 m/s (sixty ft/s) but less than one hundred twenty-two m/s (four hundred ft/s) is allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (one thousand Btu/scf). (c) A steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the methods specified in paragraph (E)(3) of this rule, less than the velocity, Vmax , as determined by the method specified in paragraph (E)(4) of this rule and less than one hundred twenty-two m/s (four hundred ft/s) is allowed. (5) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, Vmax , as determined by the method specified in paragraph (E)(5) of this rule. (6) A flare used to comply with this rule shall be steam-assisted, air-assisted, or non-assisted. (E) (1) Reference method 22 in 40 CFR Part 60 shall be used to determine the compliance of a flare with the visible emission provisions of rules 3745-51-730 to 3745-51-735 of the Administrative Code. The observation period is two hours and shall be used according to method 22. (2) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:  Where: HT = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at twenty-five degrees Celsius and seven hundred sixty millimeters of mercury (mm Hg), but the standard temperature for determining the volume corresponding to one mole (mol) is twenty degrees Celsius; K = Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is twenty degrees Celsius; ppm means parts per million, g mol/scm means gram mole per standard cubic meter of gas, MJ/kcal means MegaJoules per kilocalorie; Ci = Concentration of sample component i in ppm on a wet basis, as measured for organics by reference method 18 in 40 CFR Part 60 and measured for hydrogen and carbon monoxide by ASTM D1946-82; and Hi = Net heat of combustion of sample component i, kcal/nine mol at twenty-five degrees Celsius and seven hundred sixty mm Hg. The heats of combustion may be determined using ASTM D2382-83 if published values are not available or cannot be calculated. (3) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by reference method 2, method 2A, method 2C, or method 2D in 40 CFR Part 60 as appropriate, by the unobstructed (free) cross-sectional area of the flare tip. (4) The maximum allowed velocity in m/s, Vmax , for a flare complying with paragraph (D)(4)(c) of this rule shall be determined by the following equation:  Where: 28.8 = Constant 31.7 = Constant, HT = The net heating value as determined in paragraph (E)(2) of this rule. (5) The maximum allowed velocity in m/s, V max , for an air-assisted flare shall be determined by the following equation: Vmax = 8.706 + 0.7084(HT) Where: 8.706 = Constant, 0.7084 = Constant, HT = The net heating value as determined in paragraph (E)(2) of this rule. (F) The remanufacturer or other person who stores or treats the hazardous secondary material shall monitor and inspect each control device required to comply with this rule to ensure proper operation and maintenance of the control device by implementing the following requirements: (1) Install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor shall be installed in the vent stream at the nearest feasible point to the control device inlet but before the point at which the vent streams are combined. (2) Install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified where: (a) For a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of plus or minus one per cent of the temperature being monitored in degrees Celsius or plus or minus 0.5 degrees Celsius, whichever is greater. The temperature sensor shall be installed at a location in the combustion chamber downstream of the combustion zone. (b) For a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of plus or minus one per cent of the temperature being monitored in degrees Celsius or plus or minus 0.5 degrees Celsius, whichever is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet. (c) For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame. (d) For a boiler or process heater having a design heat input capacity less than forty-four megawatts (MW), a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of plus or minus one per cent of the temperature being monitored in degrees Celsius or plus or minus 0.5 degrees Celsius, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream of the combustion zone. (e) For a boiler or process heater having a design heat input capacity greater than or equal to forty-four MW, a monitoring device equipped with a continuous recorder to measure a parameters that indicates good combustion operating practices are being used. (f) For a condenser, either: (i) A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the condenser; or (ii) A temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature with an accuracy of plus or minus one per cent of the temperature being monitored in degrees Celsius or plus or minus 0.5 degrees Celsius, whichever is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser exit (i.e., product side). (g) For a carbon adsorption system that regenerates the carbon bed directly in the control device such as a fixed-bed carbon adsorber, either: (i) A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the carbon bed; or (ii) A monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle. (3) Inspect the readings from each monitoring device required by paragraphs (F)(1) and (F)(2) of this rule at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this rule. (G) A remanufacturer or other person who stores or treats hazardous secondary material in a hazardous secondary material management unit using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device shall replace the existing carbon in the control device with fresh carbon at a regular, predetermined time interval that is no longer than the carbon service life established as a requirement of paragraph (B)(4)(c)(vi) of rule 3745-51-735 of the Administrative Code. (H) A remanufacturer or other person who stores or treats hazardous secondary material in a hazardous secondary material management unit using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis by using one of the following procedures: (1) Monitor the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system on a regular schedule, and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than twenty per cent of the time required to consume the total carbon working capacity established as a requirement of paragraph (B)(4)(c)(vii) of rule 3745-51-735 of the Administrative Code, whichever is longer. (2) Replace the existing carbon with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of paragraph (B)(4)(c)(vii) of rule 3745-51-735 of the Administrative Code. (I) An alternative operational or process parameter may be monitored if it can be demonstrated that another parameter will ensure that the control device is operated in conformance with these standards and the control device's design specifications. (J) A remanufacturer or other person who stores or treats hazardous secondary material at an affected facility seeking to comply with Chapter 3745-51 of the Administrative Code by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is required to develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device. (K) A closed-vent system shall meet either of the following design requirements: (1) A closed-vent system shall be designed to operate with no detectable emissions, as indicated by an instrument reading of less than five hundred ppmv above background as determined by the procedure in paragraph (B) of rule 3745-51-734 of the Administrative Code, and by visual inspections; or (2) A closed-vent system shall be designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating. (L) The remanufacturer or other person who stores or treats the hazardous secondary material shall monitor and inspect each closed-vent system required to comply with this rule to ensure proper operation and maintenance of the closed-vent system by implementing the following requirements: (1) Each closed-vent system that is used to comply with paragraph (K)(1) of this rule shall be inspected and monitored in accordance with the following requirements: (a) An initial leak detection monitoring of the closed-vent system shall be conducted by the remanufacturer or other person who stores or treats the hazardous secondary material on or before the date that the system becomes subject to this rule. The remanufacturer or other person who stores or treats the hazardous secondary material shall monitor the closed-vent system components and connections using the procedures specified in paragraph (B) of rule 3745-51-734 of the Administrative Code to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by an instrument reading of less than five hundred ppmv above background. (b) After initial leak detection monitoring required in this paragraph, the remanufacturer or other person who stores or treats the hazardous secondary material shall inspect and monitor the closed-vent system as follows: (i) Closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted and gasketed ducting flange) shall be visually inspected at least once per year to check for defects that could result in air pollutant emissions. The remanufacturer or other person who stores or treats the hazardous secondary material shall monitor a component or connection using the procedures specified in paragraph (B) of rule 3745-51-734 of the Administrative Code to demonstrate that the component or connection operates with no detectable emissions following any time the component is repaired or replaced (e.g., a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted). (ii) Closed-vent system components or connections other than those specified in paragraph (L)(1)(b)(i) of this rule shall be monitored annually and at other times as requested by the director, except as provided for in paragraph (O) of this rule, using the procedures specified in paragraph (B) of rule 3745-51-734 of the Administrative Code to demonstrate that the components or connections operate with no detectable emissions. (c) In the event that a defect or leak is detected, the remanufacturer or other person who stores or treats the hazardous secondary material shall repair the defect or leak in accordance with the requirements of paragraph (L)(3) of this rule. (d) The remanufacturer or other person who stores or treats the hazardous secondary material shall maintain a record of the inspection and monitoring in accordance with the requirements specified in rule 3745-51-735 of the Administrative Code. (2) Each closed-vent system that is used to comply with paragraph (K)(2) of this rule shall be inspected and monitored in accordance with the following requirements: (a) The closed-vent system shall be visually inspected by the remanufacturer or other person who stores or treats the hazardous secondary material to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork or piping or loose connections. (b) The remanufacturer or other person who stores or treats the hazardous secondary material shall perform an initial inspection of the closed-vent system on or before the date that the system becomes subject to this rule. Thereafter, the remanufacturer or other person who stores or treats the hazardous secondary material shall perform the inspections at least once every year. (c) In the event that a defect or leak is detected, the remanufacturer or other person who stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements of paragraph (L)(3) of this rule. (d) The remanufacturer or other person who stores or treats the hazardous secondary material shall maintain a record of the inspection and monitoring in accordance with the requirements specified in rule 3745-51-735 of the Administrative Code. (3) The remanufacturer or other person who stores or treats the hazardous secondary material shall repair all detected defects as follows: (a) Detectable emissions, as indicated by visual inspection, or by an instrument reading greater than five hundred ppmv above background, shall be controlled as soon as practicable, but not later than fifteen calendar days after the emission is detected, except as provided for in paragraph (L)(3)(c) of this rule. (b) A first attempt at repair shall be made no later than five calendar days after the emission is detected. (c) Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown, or if the remanufacturer or other person who stores or treats the hazardous secondary material determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown. (d) The remanufacturer or other person who stores or treats the hazardous secondary material shall maintain a record of the defect repair in accordance with the requirements specified in rule 3745-51-735 of the Administrative Code. (M) Closed-vent systems and control devices used to comply with rules 3745-51-730 to 3745-51-735 of the Administrative Code shall be operated at all times when emissions may be vented to them. (N) The owner or operator using a carbon adsorption system to control air pollutant emissions shall document that all carbon that is a hazardous waste and that is removed from the control device is managed in one of the following manners, regardless of the average volatile organic concentration of the carbon: (1) Regenerated or reactivated in a thermal treatment unit that meets one of the following: (a) The owner or operator of the unit has been issued a final hazardous waste management permit under Chapter 3745-50 of the Administrative Code which implements the requirements of rules 3745-57-90 to 3745-57-93 of the Administrative Code; or (b) The unit is equipped with and operating air emission controls in accordance with the applicable requirements of rules 3745-51-730 to 3745-51-735 and 3745-51-780 to 3745-51-789 or 3745-256-30 to 3745-256-35 and 3745-256-80 to 3745-256-90 of the Administrative Code; or (c) The unit is equipped with and operating air emission controls in accordance with a national emission standard for hazardous air pollutants under 40 CFR Part 61 or 40 CFR Part 63. (2) Incinerated in a hazardous waste incinerator for which the owner or operator either: (a) Has been issued a final hazardous waste management permit under Chapter 3745-50 of the Administrative Code which implements the requirements of rules 3745-57-40 to 3745-57-51 of the Administrative Code; or (b) Has designed and operates the incinerator in accordance with the interim standards requirements of rules 3745-68-40 to 3745-68-52 of the Administrative Code. (3) Burned in a boiler or industrial furnace for which the owner or operator either: (a) Has been issued a final hazardous waste management permit under Chapter 3745-50 of the Administrative Code which implements the requirements of rules 3745-266-100 to 3745-266-112 of the Administrative Code; or (b) Has designed and operates the boiler or industrial furnace in accordance with the interim standards requirements of rules 3745-266-100 to 3745-266-112 of the Administrative Code. (O) Any components of a closed-vent system that are designated, as described in paragraph (C)(9) of rule 3745-51-735 of the Administrative Code, as unsafe to monitor are exempt from the requirements of paragraph (L)(1)(b)(ii) of this rule if: (1) The remanufacturer or other person who stores or treats the hazardous secondary material in a hazardous secondary material management unit using a closed-vent system determines that the components of the closed-vent system are unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (L)(1)(b)(ii) of this rule; and (2) The remanufacturer or other person who stores or treats the hazardous secondary material in a hazardous secondary material management unit using a closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedure specified in paragraph (L)(1)(b)(ii) of this rule as frequently as practicable during safe-to-monitor times. [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Last updated March 7, 2025 at 8:19 AM
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Rule 3745-51-734 | Test methods and procedures - process vents.
(A) Each remanufacturer or other person who stores or treats the hazardous secondary material subject to rules 3745-51-730 to 3745-51-735 of the Administrative Code shall comply with the test methods and procedural requirements provided in this rule. (B) When a closed-vent system is tested for compliance with no detectable emissions, as required in paragraph (L) of rule 3745-51-733 of the Administrative Code, the test shall comply with the following requirements: (1) Monitoring shall comply with reference method 21 in 40 CFR Part 60. (2) The detection instrument shall meet the performance criteria of reference method 21. (3) The instrument shall be calibrated before use on each day of the instrument's use by the procedures specified in reference method 21. (4) Calibration gases shall be: (a) Zero air (less than ten parts per million (ppm) of hydrocarbon in air). (b) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, ten thousand ppm methane or n-hexane. (5) The background level shall be determined as provided in reference method 21. (6) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in reference method 21. (7) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with five hundred ppm for determining compliance. (C) Performance tests to determine compliance with paragraph (A) of rule 3745-51-732 of the Administrative Code and with the total organic compound concentration limit of paragraph (C) of rule 3745-51-733 of the Administrative Code shall comply with the following: (1) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures: (a) Method 2 in 40 CFR Part 60 for velocity and volumetric flow rate. (b) Method 18 or method 25A in 40 CFR Part 60, appendix A, for organic content. If method 25A is used, the organic hazardous air pollutants (HAP) used as the calibration gas shall be the single organic HAP representing the largest per cent by volume of the emissions. The use of method 25A is acceptable if the response from the high-level calibration gas is at least twenty times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (c) Each performance test shall consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis. (d) Total organic mass flow rates shall be determined by the following equation: (i) For sources utilizing method 18.  Where: Eh = Total organic mass flow rate, kilograms per hour (kg/h); Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by method 2, standard cubic meter of dry gas per hour (dscm/h); n = Number of organic compounds in the vent gas; Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by method 18; MWi = Molecular weight of organic compound i in the vent gas, kilogram per kilogram mole (kg/kg-mol); 0.0416 = Conversion factor for molar volume, kilogram mole per cubic meter (kg-mol/m3) [at two hundred ninety-three Kelvin and seven hundred sixty milligrams of mercury (mm Hg)]; 10-6 = Conversion from ppm. (ii) For sources utilizing method 25A. Eh = (Q)(C)(MW)(0.0416)(10-6) Where: Eh = Total organic mass flow rate, kg/h; Q = Volumetric flow rate of gases entering or exiting control device, as determined by method 2, dscm/h; C = Organic concentration in ppm, dry basis, as determined by method 25A; MW = Molecular weight of propane, 44; 0.0416 = Conversion factor for molar volume, kg-mol/m3 [at two hundred ninety-three Kelvin and seven hundred sixty mm Hg]; 10-6 = Conversion from ppm. (e) The annual total organic emission rate shall be determined by the following equation: EA = (Eh)(H) Where: EA = Total organic mass emission rate, kilograms per year (kg/y); Eh = Total organic mass flow rate for the process vent, kg/h; H = Total annual hours of operations for the affected unit, h. (f) Total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass emission rates [Eh, as determined in paragraph (C)(1)(d) of this rule] and by summing the annual total organic mass emission rates [EA, as determined in paragraph (C)(1)(e) of this rule] for all affected process vents at the facility. (2) The remanufacturer or other person who stores or treats the hazardous secondary material shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test. (3) The remanufacturer or other person who stores or treats the hazardous secondary material at an affected facility shall provide, or cause to be provided, performance testing facilities as follows: (a) Sampling ports adequate for the test methods specified in paragraph (C)(1) of this rule. (b) Safe sampling platforms. (c) Safe access to sampling platforms. (d) Utilities for sampling and testing equipment. (4) For the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs shall be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the remanufacturer's or other person's that stores or treats the hazardous secondary material control, compliance may, upon the director's approval, be determined using the average of the results of the two other runs. (D) To show that a process vent associated with a hazardous secondary material distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of rules 3745-51-730 to 3745-51-735 of the Administrative Code, the remanufacturer or other person who stores or treats the hazardous secondary material shall make an initial determination that the time-weighted, annual average total organic concentration of the material managed by the hazardous secondary material management unit is less than ten parts per million by weight (ppmw) using one of the following two methods: (1) Direct measurement of the organic concentration of the material using the following procedures: (a) The remanufacturer or other person who stores or treats the hazardous secondary material shall take a minimum of four grab samples of material for each material stream managed in the affected unit under process conditions expected to cause the maximum material organic concentration. (b) For material generated on-site, the grab samples shall be collected at a point before the material is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the material after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For material generated offsite, the grab samples shall be collected at the inlet to the first material management unit that receives the material provided the material has been transferred to the facility in a closed system such as a tank truck and the material is not diluted or mixed with other material. (c) Each sample shall be analyzed and the total organic concentration of the sample shall be computed using method 9060A of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA Publication SW-846, or analyzed for the sample's individual organic constituents. (d) The arithmetic mean of the results of the analyses of the four samples shall apply for each material stream managed in the unit in determining the time-weighted, annual average total organic concentration of the material. The time-weighted average is to be calculated using the annual quantity of each material stream processed and the mean organic concentration of each material stream managed in the unit. (2) Using knowledge of the material to determine that the material's total organic concentration is less than ten ppmw. Documentation of the material determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the material is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a material stream having a total organic content less than ten ppmw, or prior speciation analysis results on the same material stream where it also can be documented that no process changes have occurred since that analysis that could affect the material total organic concentration. (E) The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous secondary materials with time-weighted, annual average total organic concentrations less than ten ppmw shall be made as follows: (1) By the effective date that the facility becomes subject to rules 3745-51-730 to 3745-51-735 of the Administrative Code or by the date when the material is first managed in a hazardous secondary material management unit, whichever is later; and (2) For continuously generated material, annually; or (3) Whenever there is a change in the material being managed or a change in the process that generates or treats the material. (F) When a remanufacturer or other person who stores or treats the hazardous secondary material and the director do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous secondary material with organic concentrations of at least ten ppmw based on knowledge of the material, the dispute may be resolved by using direct measurement as specified at paragraph (D)(1) of this rule. [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Last updated June 14, 2023 at 1:43 PM
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Rule 3745-51-735 | Recordkeeping requirements - process vents.
(A) (1) Each remanufacturer
or other person who stores or treats the hazardous secondary material subject
to rules 3745-51-730 to 3745-51-735 of the Administrative Code shall comply
with the recordkeeping requirements of this rule. (2) A remanufacturer or
other person who stores or treats the hazardous secondary material of more than
one hazardous secondary material management unit subject to rules 3745-51-730
to 3745-51-735 of the Administrative Code may comply with the recordkeeping
requirements for these hazardous secondary material management units in one
recordkeeping system if the system identifies each record by each hazardous
secondary material management unit. (B) The remanufacturer or other person
who stores or treats the hazardous secondary material shall keep the following
records on-site: (1) For facilities that
comply with paragraph (A)(2) of rule 3745-51-733 of the Administrative Code, an
implementation schedule that includes dates by which the closed-vent system and
control device will be installed and in operation. The schedule also shall
include a rationale of why the installation cannot be completed at an earlier
date. The implementation schedule shall be kept on-site at the facility by the
effective date that the facility becomes subject to rules 3745-51-730 to
3745-51-735 of the Administrative Code. (2) Up to date
documentation of compliance with the process vent standards in rule 3745-51-732
of the Administrative Code, including: (a) 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 secondary material management units on a facility plot
plan). (b) Information and data supporting determinations of vent
emissions and emission reductions achieved by add-on control devices based on
engineering calculations or source tests. For the purpose of determining
compliance, determinations of vent emissions and emission reductions shall be
made using operating parameter values (e.g., temperatures, flow rates, or vent
stream organic compounds and concentrations) that represent the conditions that
result in maximum organic emissions, such as when the hazardous secondary
material management unit is operating at the highest load or capacity level
reasonably expected to occur. If the remanufacturer or other person who stores
or treats the hazardous secondary material takes any action (e.g., managing a
material of different composition or increasing operating hours of affected
hazardous secondary material management units) that would result in an increase
in total organic emissions from affected process vents at the facility, then a
new determination is required. (3) Where a
remanufacturer or other person who stores or treats the hazardous secondary
material chooses to use test data to determine the organic removal efficiency
or total organic compound concentration achieved by the control device, a
performance test plan shall be developed and include: (a) A description of how it is determined that the planned
test will be conducted when the hazardous secondary material management unit is
operating at the highest load or capacity level reasonably expected to occur.
This shall include the estimated or design flow rate and organic content of
each vent stream and define the acceptable operating ranges of key process and
control device parameters during the test program. (b) A detailed engineering description of the closed-vent
system and control device including: (i) Manufacturer's
name and model number of control device. (ii) Type of control
device. (iii) Dimensions of the
control device. (iv) Capacity. (v) Construction
materials. (c) A detailed description of sampling and monitoring
procedures, including sampling and monitoring locations in the system, the
equipment to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis. (4) Documentation of
compliance with rule 3745-51-733 of the Administrative Code shall include the
following information: (a) A list of all information references and sources used
in preparing the documentation. (b) Records, including the dates, of each compliance test
required by paragraph (K) of rule 3745-51-733 of the Administrative
Code. (c) If engineering calculations are used, 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 design information. Documentation provided by
the control device manufacturer or vendor that describes the control device
design in accordance with paragraphs (B)(4)(c)(i) to (B)(4)(c)(vii) of this
rule may be used to comply with this requirement. The design analysis shall
address the vent stream characteristics and control device operation parameters
as specified here: (i) For a thermal vapor
incinerator, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis also shall
establish the design minimum and average temperature in the combustion zone and
the combustion zone residence time. (ii) For a catalytic
vapor incinerator, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design analysis
also shall establish the design minimum and average temperatures across the
catalyst bed inlet and outlet. (iii) For a boiler or
process heater, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis also shall
establish the design minimum and average flame zone temperatures, combustion
zone residence time, and description of method and location where the vent
stream is introduced into the combustion zone. (iv) For a flare, the
design analysis shall consider the vent stream composition, constituent
concentrations, and flow rate. The design analysis also shall consider the
requirements specified in paragraph (D) of rule 3745-51-733 of the
Administrative Code. (v) For a condenser, the
design analysis shall consider the vent stream composition, constituent
concentrations, flow rate, relative humidity, and temperature. The design
analysis also shall establish the design outlet organic compound concentration
level, design average temperature of the condenser exhaust vent stream, and
design average temperatures of the coolant fluid at the condenser inlet and
outlet. (vi) For a carbon
adsorption system such as a fixed-bed adsorber that regenerates the carbon bed
directly on-site in the control device, the design analysis shall consider the
vent stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis also shall establish the design
exhaust vent stream organic compound concentration level, number and capacity
of carbon beds, type and working capacity of activated carbon used for carbon
beds, design total steam flow over the period of each complete carbon bed
regeneration cycle, duration of the carbon bed steaming and cooling and drying
cycles, design carbon bed temperature after regeneration, design carbon bed
regeneration time, and design service life of carbon. (vii) For a carbon
adsorption system such as a carbon canister that does not regenerate the carbon
bed directly onsite in the control device, the design analysis shall consider
the vent stream composition, constituent concentrations, flow rate, relative
humidity, and temperature. The design analysis also shall establish the design
outlet organic concentration level, capacity of carbon bed, type and working
capacity of activated carbon used for carbon bed, and design carbon replacement
interval based on the total carbon working capacity of the control device and
source operating schedule. (d) A statement signed and dated by the remanufacturer or
other person who stores or treats the hazardous secondary material certifying
that the operating parameters used in the design analysis reasonably represent
the conditions that exist when the hazardous secondary material management unit
is or would be operating at the highest load or capacity level reasonably
expected to occur. (e) A statement signed and dated by the remanufacturer or
other person who stores or treats the hazardous secondary material certifying
that the control device is designed to operate at an efficiency of ninety-five
per cent or greater unless the total organic concentration limit of paragraph
(A) of rule 3745-51-732 of the Administrative Code is achieved at an efficiency
less than ninety-five weight per cent or the total organic emission limits of
paragraph (A) of rule 3745-51-732 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. A
statement provided by the control device manufacturer or vendor certifying that
the control equipment meets the design specifications may be used to comply
with this requirement. (f) If performance tests are used to demonstrate
compliance, all test results. (C) Design documentation and monitoring,
operating, and inspection information for each closed-vent system and control
device required to comply with Chapter 3745-51 of the Administrative Code shall
be recorded and kept up to date at the facility. The information shall
include: (1) Description and date
of each modification that is made to the closed-vent system or control device
design. (2) Identification of
operating parameter, description of monitoring device, and diagram of
monitoring sensor location or locations used to comply with paragraphs (F)(1)
and (F)(2) of rule 3745-51-733 of the Administrative Code. (3) Monitoring,
operating, and inspection information required by paragraphs (F) to (K) of rule
3745-51-733 of the Administrative Code. (4) Date, time, and
duration of each period that occurs while the control device is operating when
any monitored parameter exceeds the value established in the control device
design analysis as specified here: (a) For a thermal vapor incinerator designed to operate
with a minimum residence time of 0.50 second at a minimum temperature of seven
hundred sixty degrees Celsius, period when the combustion temperature is below
seven hundred sixty degrees Celsius. (b) For a thermal vapor incinerator designed to operate
with an organic emission reduction efficiency of ninety-five weight per cent or
greater, period when the combustion zone temperature is more than twenty-eight
degrees Celsius below the design average combustion zone temperature
established as a requirement of paragraph (B)(4)(c)(i) of this
rule. (c) For a catalytic vapor incinerator, period
when: (i) Temperature of the
vent stream at the catalyst bed inlet is more than twenty-eight degrees Celsius
below the average temperature of the inlet vent stream established as a
requirement of paragraph (B)(4)(c)(ii) of this rule; or (ii) Temperature
difference across the catalyst bed is less than eighty per cent of the design
average temperature difference established as a requirement of paragraph
(B)(4)(c)(ii) of this rule. (d) For a boiler or process heater, period
when: (i) Flame zone
temperature is more than twenty-eight degrees Celsius below the design average
flame zone temperature established as a requirement of paragraph (B)(4)(c)(iii)
of this rule; or (ii) Position changes
where the vent stream is introduced to the combustion zone from the location
established as a requirement of paragraph (B)(4)(c)(iii) of this
rule. (e) For a flare, period when the pilot flame is not
ignited. (f) For a condenser that complies with paragraph
(F)(2)(f)(i) of rule 3745-51-733 of the Administrative Code, period when the
organic compound concentration level or readings of organic compounds in the
exhaust vent stream from the condenser are more than twenty per cent greater
than the design outlet organic compound concentration level established as a
requirement of paragraph (B)(4)(c)(v) of this rule. (g) For a condenser that complies with paragraph
(F)(2)(f)(ii) of rule 3745-51-733 of the Administrative Code, period
when: (i) Temperature of the
exhaust vent stream from the condenser is more than six degrees Celsius above
the design average exhaust vent stream temperature established as a requirement
of paragraph (B)(4)(c)(v) of this rule; or (ii) Temperature of the
coolant fluid exiting the condenser is more than six Celsius above the design
average coolant fluid temperature at the condenser outlet established as a
requirement of paragraph (B)(4)(c)(v) of this rule. (h) For a carbon adsorption system such as a fixed-bed
carbon adsorber that regenerates the carbon bed directly on-site in the control
device and complies with paragraph (F)(2)(g)(i) of rule 3745-51-733 of the
Administrative Code, period when the organic compound concentration level or
readings of organic compounds in the exhaust vent stream from the carbon bed
are more than twenty per cent greater than the design exhaust vent stream
organic compound concentration level established as a requirement of paragraph
(B)(4)(c)(vi) of this rule. (i) For a carbon adsorption system such as a fixed-bed
carbon adsorber that regenerates the carbon bed directly on-site in the control
device and complies with paragraph (F)(2)(g)(ii) of rule 3745-51-733 of the
Administrative Code, period when the vent stream continues to flow through the
control device beyond the predetermined carbon bed regeneration time
established as a requirement of paragraph (B)(4)(c)(vi) of this
rule. (5) Explanation for each
period recorded under paragraph (C)(4) of this rule, of the cause for control
device operating parameter exceeding the design value and the measures
implemented to correct the control device operation. (6) For a carbon
adsorption system operated subject to requirements specified in paragraph (G)
or (H)(2) of rule 3745-51-733 of the Administrative Code), date when existing
carbon in the control device is replaced with fresh carbon. (7) For a carbon
adsorption system operated subject to requirements specified in paragraph
(H)(1) of rule 3745-51-733 of the Administrative Code, a log that
records: (a) Date and time when control device is monitored for
carbon breakthrough and the monitoring device reading. (b) Date when existing carbon in the control device is
replaced with fresh carbon. (8) Date of each control
device startup and shutdown. (9) A remanufacturer or
other person who stores or treats the hazardous secondary material designating
any components of a closed-vent system as unsafe to monitor pursuant to
paragraph (O) of rule 3745-51-733 of the Administrative Code shall record in a
log that is kept at the facility the identification of closed-vent system
components that are designated as unsafe to monitor in accordance with the
requirements of paragraph (O) of rule 3745-51-733 of the Administrative Code,
an explanation for each closed-vent system component stating why the
closed-vent system component is unsafe to monitor, and the plan for monitoring
each closed-vent system component. (10) When each leak is
detected as specified in paragraph (L) of rule 3745-51-733 of the
Administrative Code, the following information shall be recorded: (a) The instrument identification number, the closed-vent
system component identification number, and the operator name, initials, or
identification number. (b) The date the leak was detected and the date of first
attempt to repair the leak. (c) The date of successful repair of the leak. (d) Maximum instrument reading measured by method 21 of 40
CFR Part 60 appendix A after the instrument is successfully repaired or
determined to be nonrepairable. (e) "Repair delayed" and the reason for the delay
if a leak is not repaired within fifteen calendar days after discovery of the
leak. (i) The remanufacturer or
other person who stores or treats the hazardous secondary material may develop
a written procedure that identifies the conditions that justify a delay of
repair. In such cases, reasons for delay of repair may be documented by citing
the relevant sections of the written procedure. (ii) If delay of repair
was caused by depletion of stocked parts, there shall be documentation that the
spare parts were sufficiently stocked on-site before depletion, and the reason
for depletion. (D) Records of the monitoring, operating,
and inspection information required by paragraphs (C)(3) to (C)(10) of this
rule shall be maintained by the owner or operator for at least three years
after the date of each occurrence, measurement, maintenance, corrective action,
or record. (E) For a control device other than a
thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process
heater, condenser, or carbon adsorption system, the director will specify the
appropriate recordkeeping requirements. (F) Up to date information and data used
to determine whether or not a process vent is subject to the requirements in
rule 3745-51-732 of the Administrative Code including supporting documentation
as required by paragraph (D)(2) of rule 3745-51-734 of the Administrative Code
when application of the knowledge of the nature of the hazardous secondary
material stream or the process by which the hazardous secondary material was
produced is used, shall be recorded in a log that is kept at the
facility. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 8:59 AM
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Rule 3745-51-750 | Applicability and definitions - air emission standards for equipment leaks.
(A) Applicability. Rules 3745-51-750 to
3745-51-764 of the Administrative Code apply to equipment that contains
hazardous secondary materials excluded under the remanufacturing exclusion in
paragraph (A)(27) of rule 3745-51-04 of the Administrative Code, unless the
equipment operations are subject to the requirements of an applicable Clean Air
Act regulation codified under 40 CFR Part 60, Part 61, or Part 63. (B) Definitions. As used in rules
3745-51-750 to 3745-51-764 of the Administrative Code, all terms have the
meaning given in rule 3745-51-731 of the Administrative Code, the Resource
Conservation and Recovery Act, and Chapters 3745-50 to 3745-57, 3745-65 to
3745-69, 3745-205, 3745-256, and 3745-266 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 June 12, 2023 at 9:00 AM
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Rule 3745-51-752 | Pumps in light liquid service - equipment leaks.
(A) (1) Each pump in light
liquid service shall be monitored monthly to detect leaks by the methods
specified in paragraph (B) of rule 3745-51-763 of the Administrative Code
except as provided in paragraphs (D), (E), and (F) of this rule. (2) Each pump in light
liquid service shall be checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal. (B) (1) If an instrument
reading of ten thousand parts per million (ppm) or greater is measured, a leak
is detected. (2) If there are
indications of liquids dripping from the pump seal, a leak is
detected. (C) (1) When a leak is
detected, the leak shall be repaired as soon as practicable, but not later than
fifteen calendar days after the leak is detected, except as provided in rule
3745-51-759 of the Administrative Code. (2) A first attempt at
repair (e.g., tightening the packing gland) shall be made no later than five
calendar days after each leak is detected. (D) Each pump equipped with a dual
mechanical seal system that includes a barrier fluid system is exempt from the
requirements of paragraph (A) of this rule, provided the following requirements
are met: (1) Each dual mechanical
seal system shall be: (a) Operated with the barrier fluid at a pressure that is
at all times greater than the pump stuffing box pressure; or (b) Equipped with a barrier fluid degassing reservoir that
is connected by a closed-vent system to a control device that complies with the
requirements of rule 3745-51-760 of the Administrative Code; or (c) Equipped with a system that purges the barrier fluid
into a hazardous secondary material stream with no detectable emissions to the
atmosphere. (2) The barrier fluid
system shall not be a hazardous secondary material with organic concentrations
ten per cent or greater by weight. (3) Each barrier fluid
system shall be equipped with a sensor that will detect failure of the seal
system, the barrier fluid system, or both. (4) Each pump shall be
checked by visual inspection, each calendar week, for indications of liquids
dripping from the pump seals. (5) (a) Each sensor as described in paragraph (D)(3) of this
rule shall be checked daily or be equipped with an audible alarm that shall be
checked monthly to ensure that it the alarm is functioning
properly. (b) The remanufacturer or other person who stores or treats
the hazardous secondary material shall determine, based on design
considerations and operating experience, a criterion that indicates failure of
the seal system, the barrier fluid system, or both. (6) (a) If there are indications of liquids dripping from the
pump seal or the sensor indicates failure of the seal system, the barrier fluid
system, or both based on the criterion determined in paragraph (D)(5)(b) of
this rule, a leak is detected. (b) When a leak is detected, it the leak shall be repaired
as soon as practicable, but not later than fifteen calendar days after the leak
is detected, except as provided in rule 3745-51-759 of the Administrative
Code. (c) A first attempt at repair (e.g., re-lapping the seal)
shall be made no later than five calendar days after each leak is
detected. (E) Any pump that is designated, as
described in paragraph (G)(2) of rule 3745-51-764 of the Administrative Code,
for no detectable emissions, as indicated by an instrument reading of less than
five hundred parts per million (ppm) above background, is exempt from the
requirements of paragraphs (A), (C), and (D) of this rule if the pump meets the
following requirements: (1) Has no externally
actuated shaft penetrating the pump housing. (2) Operates with no
detectable emissions as indicated by an instrument reading of less than five
hundred ppm above background as measured by the methods specified in paragraph
(C) of rule 3745-51-763 of the Administrative Code. (3) Is tested for
compliance with paragraph (E)(2) of this rule initially upon designation,
annually, and at other times as requested by the director. (F) If any pump is equipped with a
closed-vent system capable of capturing and transporting any leakage from the
seal to a control device that complies with the requirements of rule
3745-51-760 of the Administrative Code, the pump is exempt from the
requirements of paragraphs (A) to (E) of this rule.
Last updated June 12, 2023 at 9:00 AM
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Rule 3745-51-753 | Compressors - equipment leaks.
(A) Each compressor shall be equipped
with a seal system that includes a barrier fluid system and that prevents
leakage of total organic emissions to the atmosphere, except as provided in
paragraphs (H) and (I) of this rule. (B) Each compressor seal system as
required in paragraph (A) of this rule shall be: (1) Operated with the
barrier fluid at a pressure that is at all times greater than the compressor
stuffing box pressure; or (2) Equipped with a
barrier fluid system that is connected by a closed-vent system to a control
device that complies with the requirements of rule 3745-51-760 of the
Administrative Code; or (3) Equipped with a
system that purges the barrier fluid into a hazardous secondary material stream
with no detectable emissions to atmosphere. (C) The barrier fluid shall not be a
hazardous secondary material with organic concentrations ten per cent or
greater by weight. (D) Each barrier fluid system as
described in paragraphs (A) to (C) of this rule shall be equipped with a sensor
that will detect failure of the seal system, barrier fluid system, or
both. (E) (1) Each sensor as
required in paragraph (D) of this rule shall be checked daily or shall be
equipped with an audible alarm that shall be checked monthly to ensure that the
sensor is functioning properly unless the compressor is located within the
boundary of an unmanned plant site, in which case the sensor shall be checked
daily. (2) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
determine, based on design considerations and operating experience, a criterion
that indicates failure of the seal system, the barrier fluid system, or
both. (F) If the sensor indicates failure of
the seal system, the barrier fluid system, or both based on the criterion
determined under paragraph (E)(2) of this rule, a leak is
detected. (G) (1) When a leak is
detected, the leak shall be repaired as soon as practicable, but not later than
fifteen calendar days after the leak is detected, except as provided in rule
3745-51-759 of the Administrative Code. (2) A first attempt at
repair (e.g., tightening the packing gland) shall be made no later than five
calendar days after each leak is detected. (H) A compressor is exempt from the
requirements of paragraphs (A) and (B) of this rule if the compressor is
equipped with a closed-vent system capable of capturing and transporting any
leakage from the seal to a control device that complies with the requirements
of rule 3745-51-760 of the Administrative Code, except as provided in paragraph
(I) of this rule. (I) Any compressor that is designated, as
described in paragraph (G)(2) of rule 3745-51-764 of the Administrative Code,
for no detectable emissions as indicated by an instrument reading of less than
five hundred ppm above background is exempt from the requirements of paragraphs
(A) to (H) of this rule if the compressor: (1) Is determined to be
operating with no detectable emissions, as indicated by an instrument reading
of less than five hundred ppm above background, as measured by the method
specified in paragraph (C) of rule 3745-51-763 of the Administrative
Code. (2) Is tested for
compliance with paragraph (I)(1) of this rule initially upon designation,
annually, and at other times as requested by the director.
Last updated June 12, 2023 at 9:00 AM
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Rule 3745-51-754 | Pressure relief devices in gas or vapor service - equipment leaks.
(A) Except during pressure releases, each
pressure relief device in gas or vapor service shall be operated with no
detectable emissions, as indicated by an instrument reading of less than five
hundred parts per million (ppm) above background, as measured by the method
specified in paragraph (C) of rule 3745-51-763 of the Administrative
Code. (B) (1) After each pressure
release, the pressure relief device shall be returned to a condition of no
detectable emissions, as indicated by an instrument reading of less than five
hundred ppm above background, as soon as practicable, but no later than five
calendar days after each pressure release, except as provided in rule
3745-51-759 of the Administrative Code. (2) No later than five
calendar days after the pressure release, the pressure relief device shall be
monitored to confirm the condition of no detectable emissions, as indicated by
an instrument reading of less than five hundred ppm above background, as
measured by the method specified in paragraph (C) of rule 3745-51-763 of the
Administrative Code. (C) Any pressure relief device that is
equipped with a closed-vent system capable of capturing and transporting
leakage from the pressure relief device to a control device as described in
rule 3745-51-760 of the Administrative Code is exempt from the requirements of
paragraphs (A) and (B) of this rule.
Last updated June 12, 2023 at 9:01 AM
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Rule 3745-51-755 | Sampling connection systems - equipment leaks.
(A) Each sampling connection system shall
be equipped with a closed-purge, closed-loop, or closed-vent system. This
system shall collect the sample purge for return to the process or for routing
to the appropriate treatment system. Gases displaced during filling of the
sample container are not required to be collected or captured. (B) Each closed-purge, closed-loop, or closed-vent system
as required in paragraph (A) of this rule shall meet one of the following
requirements: (1) Return the purged process fluid directly to the process
line; (2) Collect and recycle the purged process fluid;
or (3) Be designed and operated to capture and transport all
the purged process fluid to a material management unit that complies with the
applicable requirements of rules 3745-51-784 to 3745-51-786 of the
Administrative Code or a control device that complies with the requirements of
rule 3745-51-760 of the Administrative Code. (C) In-situ sampling systems and sampling systems without
purges are exempt from the requirements of paragraphs (A) and (B) of this
rule.
Last updated June 12, 2023 at 9:01 AM
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Rule 3745-51-756 | Open-ended valves or lines - equipment leaks.
(A) (1) Each open-ended valve or line shall be equipped with a
cap, blind flange, plug, or a second valve. (2) The cap, blind flange, plug, or second valve shall seal
the open end at all times except during operations requiring hazardous
secondary material stream flow through the open-ended valve or
line. (B) Each open-ended valve or line equipped with a second
valve shall be operated in a manner such that the valve on the hazardous
secondary material stream end is closed before the second valve is
closed. (C) When a double block and bleed system is being used, the
bleed valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (A) of this rule
at all other times.
Last updated June 12, 2023 at 9:01 AM
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Rule 3745-51-757 | Valves in gas or vapor service or in light liquid service - equipment leaks.
(A) Each valve in gas or vapor or light
liquid service shall be monitored monthly to detect leaks by the methods
specified in paragraph (B) of rule 3745-51-763 of the Administrative Code and
shall comply with paragraphs (B) to (E) of this rule, except as provided in
paragraphs (F), (G), and (H) of this rule and rules 3745-51-761 and 3745-51-762
of the Administrative Code. (B) If an instrument reading of ten
thousand parts per million (ppm) or greater is measured, a leak is
detected. (C) (1) Any valve for which a
leak is not detected for two successive months may be monitored the first month
of every succeeding quarter, beginning with the next quarter, until a leak is
detected. (2) If a leak is
detected, the valve shall be monitored monthly until a leak is not detected for
two successive months, (D) (1) When a leak is
detected, the leak shall be repaired as soon as practicable, but no later than
fifteen calendar days after the leak is detected, except as provided in rule
3745-51-759 of the Administrative Code. (2) A first attempt at
repair shall be made no later than five calendar days after each leak is
detected. (E) First attempts at repair include, but
are not limited to, the following best practices where
practicable: (1) Tightening of bonnet
bolts. (2) Replacement of bonnet
bolts. (3) Tightening of packing
gland nuts. (4) Injection of
lubricant into lubricated packing. (F) Any valve that is designated, as
described in paragraph (G)(2) of rule 3745-51-764 of the Administrative Code,
for no detectable emissions, as indicated by an instrument reading of less than
five hundred ppm above background, is exempt from the requirements of paragraph
(A) of this rule if the valve: (1) Has no external
actuating mechanism in contact with the hazardous secondary material
stream. (2) Is operated with
emissions less than five hundred ppm above background as determined by the
method specified in paragraph (C) of rule 3745-51-763 of the Administrative
Code. (3) Is tested for
compliance with paragraph (F)(2) of this rule initially upon designation,
annually, and at other times as requested by the director. (G) Any valve that is designated, as
described in paragraph (H)(1) of rule 3745-51-764 of the Administrative Code,
as an unsafe-to-monitor valve is exempt from the requirements of paragraph (A)
of this rule if: (1) The remanufacturer or
other person who stores or treats the hazardous secondary material determines
that the valve is unsafe to monitor because monitoring personnel would be
exposed to an immediate danger as a consequence of complying with paragraph (A)
of this rule. (2) The remanufacturer or
other person who stores or treats the hazardous secondary material adheres to a
written plan that requires monitoring of the valve as frequently as practicable
during safe-to-monitor times. (H) Any valve that is designated, as
described in paragraph (H)(2) of rule 3745-51-764 of the Administrative Code,
as a difficult-to-monitor valve is exempt from the requirements of paragraph
(A) of this rule if: (1) The remanufacturer or
other person who stores or treats the hazardous secondary material determines
that the valve cannot be monitored without elevating the monitoring personnel
more than two meters above a support surface. (2) The hazardous
secondary material management unit within which the valve is located was in
operation before the first effective date of this rule. (3) The owner or operator
of the valve follows a written plan that requires monitoring of the valve at
least once per calendar year.
Last updated June 12, 2023 at 9:01 AM
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Rule 3745-51-758 | Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors - equipment leaks.
(A) Pumps and valves in heavy liquid
service, pressure relief devices in light liquid or heavy liquid service, and
flanges and other connectors shall be monitored within five days by the method
specified in paragraph (B) of rule 3745-51-763 of the Administrative Code if
evidence of a potential leak is found by visual, audible, olfactory, or any
other detection method. (B) If an instrument reading of ten thousand parts per
million or greater is measured, a leak is detected. (C)
(1) When a leak is detected, the leak shall be repaired as
soon as practicable, but not later than fifteen calendar days after the leak is
detected, except as provided in rule 3745-51-759 of the Administrative
Code. (2) The first attempt at repair shall be made no later than
five calendar days after each leak is detected. (D) First attempts at repair include, but are not limited
to, the best practices described in paragraph (E) of rule 3745-51-757 of the
Administrative Code. (E) Any connector that is inaccessible or is ceramic or
ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt from the
monitoring requirements of paragraph (A) of this rule and from the
recordkeeping requirements of rule 3745-51-764 of the Administrative
Code.
Last updated June 12, 2023 at 9:02 AM
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Rule 3745-51-759 | Delay of repair - equipment leaks.
(A) Delay of repair of equipment for
which leaks have been detected will be allowed if the repair is technically
infeasible without a hazardous secondary material management unit shutdown. In
such a case, repair of this equipment shall occur before the end of the next
hazardous secondary material management unit shutdown. (B) Delay of repair of equipment for
which leaks have been detected will be allowed for equipment that is isolated
from the hazardous secondary material management unit and that does not
continue to contain or contact hazardous secondary material with organic
concentrations at least ten per cent by weight. (C) Delay of repair for valves will be
allowed if: (1) The remanufacturer or
other person who stores or treats the hazardous secondary material determines
that emissions of purged material resulting from immediate repair are greater
than the emissions likely to result from delay of repair. (2) When repair
procedures are effected, the purged material is collected and destroyed or
recovered in a control device complying with rule 3745-51-760 of the
Administrative Code. (D) Delay of repair for pumps will be
allowed if: (1) Repair requires the
use of a dual mechanical seal system that includes a barrier fluid
system. (2) Repair is completed
as soon as practicable, but not later than six months after the leak was
detected. (E) Delay of repair beyond a hazardous
secondary material management unit shutdown will be allowed for a valve if
valve assembly replacement is necessary during the hazardous secondary material
management unit shutdown, valve assembly supplies have been depleted, and valve
assembly supplies had been sufficiently stocked before the supplies were
depleted. Delay of repair beyond the next hazardous secondary material
management unit shutdown will not be allowed unless the next hazardous
secondary material management unit shutdown occurs sooner than six months after
the first hazardous secondary material management unit shutdown.
Last updated June 12, 2023 at 9:02 AM
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Rule 3745-51-760 | Closed-vent systems and control devices - equipment leaks.
(A) The remanufacturer or other person
who stores or treats the hazardous secondary material in a hazardous secondary
material management units using closed-vent systems and control devices subject
to rules 3745-51-750 to 3745-51-764 of the Administrative Code shall comply
with rule 3745-51-733 of the Administrative Code. (B) (1) The remanufacturer or
other person who stores or treats the hazardous secondary material at an
existing facility who cannot install a closed-vent system and control device to
comply with rules 3745-51-750 to 3745-51-764 of the Administrative Code on the
effective date that the facility becomes subject to rules 3745-51-750 to
3745-51-764 of the Administrative Code shall prepare an implementation schedule
that includes dates by which the closed-vent system and control device will be
installed and in operation. The controls shall be installed as soon as
possible, but the implementation schedule may allow up to thirty months after
the effective date that the facility becomes subject to rules 3745-51-750 to
3745-51-764 of the Administrative Code for installation and
startup. (2) Any unit that begins
operation after the first effective date of this rule and is subject to rules
3745-51-750 to 3745-51-764 of the Administrative Code when operation begins,
shall comply with the rules immediately (i.e., shall have control devices
installed and operating on startup of the affected unit); the thirty-month
implementation schedule does not apply. (3) The remanufacturer or
other person who stores or treats the hazardous secondary material at any
facility in existence on the effective date of a statutory or regulatory
amendment that renders the facility subject to rules 3745-51-750 to 3745-51-764
of the Administrative Code shall comply with all requirements of rules
3745-51-750 to 3745-51-764 of the Administrative Code as soon as practicable
but no later than thirty months after the amendment's effective date. When
control equipment required by rules 3745-51-750 to 3745-51-764 of the
Administrative Code cannot be installed and begin operation by the effective
date of the amendment, the facility owner or operator shall prepare an
implementation schedule that includes specific calendar dates for award of
contracts or issuance of purchase orders for the control equipment, initiation
of on-site installation of the control equipment, completion of the control
equipment installation, and performance of any testing to demonstrate that the
installed equipment meets the applicable standards of rules 3745-51-750 to
3745-51-764 of the Administrative Code. The remanufacturer or other who stores
or treats the hazardous secondary material shall keep a copy of the
implementation schedule at the facility. (4) Remanufacturers or
other persons who store or treat the hazardous secondary materials at
facilities and units that become newly subject to the requirements of rules
3745-51-750 to 3745-51-764 of the Administrative Code after the first effective
date of this rule, due to an action other than those described in paragraph
(B)(3) of this rule shall comply with all applicable requirements immediately
(i.e., shall have control devices installed and operating on the date the
facility or unit becomes subject to rules 3745-51-750 to 3745-51-764 of the
Administrative Code; the thirty-month implementation schedule does not
apply).
Last updated June 12, 2023 at 9:02 AM
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Rule 3745-51-761 | Alternative standards for valves in gas or vapor service or in light liquid service: percentage of valves allowed to leak - equipment leaks.
(A) A remanufacturer or other person who
stores or treats the hazardous secondary material subject to the requirements
of rule 3745-51-757 of the Administrative Code may elect to have all valves
within a hazardous secondary material management unit comply with an
alternative standard that allows no greater than two per cent of the valves to
leak. (B) The following requirements shall be
met if a remanufacturer or other person stores or treats the hazardous
secondary material decides to comply with the alternative standard of allowing
two per cent of valves to leak: (1) A performance test as
specified in paragraph (C) of this rule shall be conducted initially upon
designation, annually, and at other times requested by the director;
and (2) If a valve leak is
detected, the leak shall be repaired in accordance with paragraphs (D) and (E)
of rule 3745-51-757 of the Administrative Code. (C) Performance tests shall be conducted
in the following manner: (1) All valves subject to
the requirements in rule 3745-51-757 of the Administrative Code within the
hazardous secondary material management unit shall be monitored within one week
by the methods specified in paragraph (B) of rule 3745-51-763 of the
Administrative Code. (2) If an instrument
reading of ten thousand parts per million or greater is measured, a leak is
detected. (3) The leak percentage
shall be determined by dividing the number of valves subject to the
requirements in rule 3745-51-757 of the Administrative Code for which leaks are
detected by the total number of valves subject to the requirements in rule
3745-51-757 of the Administrative Code within the hazardous secondary material
management unit.
Last updated June 12, 2023 at 9:02 AM
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Rule 3745-51-762 | Alternative standards for valves in gas or vapor service or in light liquid service; skip period leak detection and repair - equipment leaks.
(A) A remanufacturer or other person who
stores or treats the hazardous secondary material subject to the requirements
of rule 3745-51-757 of the Administrative Code may elect for all valves within
a hazardous secondary material management unit to comply with one of the
alternative work practices specified in paragraphs (B)(2) and (B)(3) of this
rule. (B)
(1) A remanufacturer or other person who stores or treats
the hazardous secondary material shall comply with the requirements for valves,
as described in rule 3745-51-757 of the Administrative Code, except as
described in paragraphs (B)(2) and (B)(3) of this rule. (2) After two consecutive quarterly leak detection periods
with the percentage of valves leaking equal to or less than two per cent, a
remanufacturer or other person who stores or treats the hazardous secondary
material may begin to skip one of the quarterly leak detection periods (i.e.,
monitor for leaks once every six months) for the valves subject to the
requirements in rule 3745-51-757 of the Administrative Code. (3) After five consecutive quarterly leak detection periods
with the percentage of valves leaking equal to or less than two per cent, a
remanufacturer or other person who stores or treats the hazardous secondary
material may begin to skip three of the quarterly leak detection periods (i.e.,
monitor for leaks once every year) for the valves subject to the requirements
in rule 3745-51-757 of the Administrative Code. (4) If the percentage of valves leaking is greater than two
per cent, the remanufacturer or other person who stores or treats the hazardous
secondary material shall monitor monthly in compliance with the requirements in
rule 3745-51-757 of the Administrative Code, but may again elect to use this
rule after meeting the requirements of paragraph (C)(1) of rule 3745-51-757 of
the Administrative Code.
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Rule 3745-51-763 | Test methods and procedures - equipment leaks.
(A) Each remanufacturer or other person
who stores or treats the hazardous secondary material subject to rules
3745-51-750 to 3745-51-764 of the Administrative Code shall comply with the
test methods and procedures requirements provided in this rule. (B) Leak detection monitoring, as
required in rules 3745-51-752 to 3745-51-762 of the Administrative Code, shall
comply with the following requirements: (1) Monitoring shall
comply with reference method 21 in 40 CFR Part 60. (2) The detection
instrument shall meet the performance criteria of reference method
21. (3) The instrument shall
be calibrated before use on each day of instrument's use by the procedures
specified in reference method 21. (4) Calibration gases
shall be: (a) Zero air [less than ten parts per million (ppm) of
hydrocarbon in air]. (b) A mixture of methane or n-hexane and air at a
concentration of approximately, but less than, ten thousand ppm methane or
n-hexane. (5) The instrument probe
shall be traversed around all potential leak interfaces as close to the
interface as possible as described in reference method 21. (C) When equipment is tested for
compliance with no detectable emissions, as required in paragraph (E) of rule
3745-51-752, paragraph (I) of rule 3745-51-753, rule 3745-51-754, and paragraph
(F) of rule 3745-51-757 of the Administrative Code, the test shall comply with
the following requirements: (1) The requirements of
paragraphs (B)(1) to (B)(4) of this rule shall apply. (2) The background level
shall be determined as provided in reference method 21. (3) The instrument probe
shall be traversed around all potential leak interfaces as close to the
interface as possible as described in reference method 21. (4) The arithmetic
difference between the maximum concentration indicated by the instrument and
the background level is compared with five hundred ppm for determining
compliance. (D) A remanufacturer or other person who
stores or treats the hazardous secondary material shall determine, for each
piece of equipment, whether the equipment contains or contacts a hazardous
secondary material with organic concentration that equals or exceeds ten per
cent by weight using the following: (1) Methods described in
ASTM method D2267-88, method E169-87, method E168-88, and method E260-85;
or (2) Method 9060A of
"Test Methods for Evaluating Solid Waste," U.S. EPA publication
SW-846, for computing total organic concentration of the sample, or analyzed
for the sample's individual organic constituents; or (3) Application of the
knowledge of the nature of the hazardous secondary material stream or the
process by which the hazardous secondary material was produced. Documentation
of a material determination by knowledge is required. Examples of documentation
that shall be used to support a determination under this provision include
production process information documenting that no organic compounds are used,
information that the material is generated by a process that is identical to a
process at the same or another facility that has previously been demonstrated
by direct measurement to have a total organic content less than ten per cent,
or prior speciation analysis results on the same material stream where it also
can be documented that no process changes have occurred since that analysis
that could affect the material total organic concentration. (E) If a remanufacturer or other person
who stores or treats the hazardous secondary material determines that a piece
of equipment contains or contacts a hazardous secondary material with organic
concentrations at least ten per cent by weight, the determination can be
revised only after following the procedures in paragraph (D)(1) or (D)(2) of
this rule. (F) When a remanufacturer or other person
who stores or treats the hazardous secondary material and the director do not
agree on whether a piece of equipment contains or contacts a hazardous
secondary material with organic concentrations at least ten per cent by weight,
the procedures in paragraph (D)(1) or (D)(2) of this rule can be used to
resolve the dispute. (G) Samples used in determining the per
cent organic content shall be representative of the highest total organic
content hazardous secondary material that is expected to be contained in or
contact the equipment. (H) To determine if pumps or valves are
in light liquid service, the vapor pressures of constituents may be obtained
from standard reference texts or may be determined by ASTM method
D2879-86. (I) Performance tests to determine if a
control device achieves ninety-five weight per cent organic emission reduction
shall comply with the procedures of paragraphs (C)(1) to (C)(4) of rule
3745-51-734 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 June 12, 2023 at 9:03 AM
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Rule 3745-51-764 | Recordkeeping requirements - equipment leaks.
(A) (1) Each remanufacturer
or other person who stores or treats the hazardous secondary material subject
to rules 3745-51-750 to 3745-51-764 of the Administrative Code shall comply
with the recordkeeping requirements of this rule. (2) A remanufacturer or
other person who stores or treats the hazardous secondary material in more than
one hazardous secondary material management unit subject to rules 3745-51-750
to 3745-51-764 of the Administrative Code may comply with the recordkeeping
requirements for these hazardous secondary material management units in one
recordkeeping system if the system identifies each record by each hazardous
secondary material management unit. (B) Remanufacturer's and other
persons who store or treat the hazardous secondary material shall record and
keep the following information at the facility: (1) For each piece of
equipment to which rules 3745-51-750 to 3745-51-764 of the Administrative Code
applies. (a) Equipment identification number and hazardous secondary
material management unit identification. (b) Approximate locations within the facility (e.g.,
identify the hazardous secondary material management unit on a facility plot
plan). (c) Type of equipment (e.g., a pump or pipeline
valve). (d) Per cent by weight total organics in the hazardous
secondary material stream at the equipment. (e) Hazardous secondary material state at the equipment
(e.g., gas or vapor or liquid). (f) Method of compliance with the standard (e.g.,
"monthly leak detection and repair" or "equipped with dual
mechanical seals"). (2) For facilities that
comply with paragraph (A)(2) of rule 3745-51-733 of the Administrative Code, an
implementation schedule as specified in paragraph (A)(2) of rule 3745-51-733 of
the Administrative Code. (3) Where a
remanufacturer or other person who stores or treats the hazardous secondary
material chooses to use test data to demonstrate the organic removal efficiency
or total organic compound concentration achieved by the control device, a
performance test plan as specified in paragraph (B)(3) of rule 3745-51-735 of
the Administrative Code. (4) Documentation of
compliance with rule 3745-51-760 of the Administrative Code, including the
detailed design documentation or performance test results specified in
paragraph (B)(4) of rule 3745-51-735 of the Administrative Code. (C) When each leak is detected as
specified in rules 3745-51-752, 3745-51-753, 3745-51-757, and 3745-51-758 of
the Administrative Code, the following requirements apply: (1) A weatherproof and
readily visible identification, marked with the equipment identification
number, the date evidence of a potential leak was found in accordance with
paragraph (A) of rule 3745-51-758 of the Administrative Code, and the date the
leak was detected, shall be attached to the leaking equipment. (2) The identification on
equipment, except on a valve, may be removed after the equipment has been
repaired. (3) The identification on
a valve may be removed after the equipment has been monitored for two
successive months as specified in paragraph (C) of rule 3745-51-757 of the
Administrative Code and no leak has been detected during those two
months. (D) When each leak is detected as
specified in rules 3745-51-752, 3745-51-753, 3745-51-757, and 3745-51-758 of
the Administrative Code, the following information shall be recorded in an
inspection log and shall be kept at the facility: (1) The instrument and
operator identification numbers and the equipment identification
number. (2) The date evidence of
a potential leak was found in accordance with paragraph (A) of rule 3745-51-758
of the Administrative Code. (3) The date the leak was
detected and the dates of each attempt to repair the leak. (4) Repair methods
applied in each attempt to repair the leak. (5) "Above ten
thousand" if the maximum instrument reading measured by the methods
specified in paragraph (B) of rule 3745-51-763 of the Administrative Code after
each repair attempt is equal to or greater than ten thousand parts per million
(ppm). (6) "Repair
delayed" and the reason for the delay if a leak is not repaired within
fifteen calendar days after discovery of the leak. (7) Documentation
supporting the delay of repair of a valve in compliance with paragraph (C) of
rule 3745-51-759 of the Administrative Code. (8) The signature of the
remanufacturer or other person who stores or treats the hazardous secondary
material (or designate) whose decision it was that repair could not be
completed without a hazardous secondary material management unit
shutdown. (9) The expected date of
successful repair of the leak if a leak is not repaired within fifteen calendar
days. (10) The date of
successful repair of the leak. (E) Design documentation and monitoring,
operating, and inspection information for each closed-vent system and control
device required to comply with rule 3745-51-760 of the Administrative Code
shall be recorded and kept up to date at the facility as specified in paragraph
(C) of rule 3745-51-735 of the Administrative Code. Design documentation is
specified in paragraphs (C)(1) and (C)(2) of rule 3745-51-735 of the
Administrative Code and monitoring, operating, and inspection information in
paragraphs (C)(3) to (C)(8) of rule 3745-51-735 of the Administrative
Code. (F) For a control device other than a
thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process
heater, condenser, or carbon adsorption system, the director will specify the
appropriate recordkeeping requirements. (G) The following information pertaining
to all equipment subject to the requirements in rules 3745-51-752 to
3745-51-760 of the Administrative Code shall be recorded in a log that is kept
at the facility: (1) A list of
identification numbers for equipment (except welded fittings) subject to the
requirements of rules 3745-51-750 to 3745-51-764 of the Administrative
Code. (2) (a) A list of identification numbers for equipment that the
remanufacturer or other person who stores or treats the hazardous secondary
material elects to designate for no detectable emissions, as indicated by an
instrument reading of less than five hundred ppm above background, under
paragraph (E) of rule 3745-51-752, paragraph (I) of rule 3745-51-753, and
paragraph (F) of rule 3745-51-757 of the Administrative Code. (b) The designation of this equipment as subject to the
requirements of paragraph (E) of rule 3745-51-752, paragraph (I) of rule
3745-51-753, and paragraph (F) of rule 3745-51-757 of the Administrative Code
shall be signed by the remanufacturer or other person who stores or treats the
hazardous secondary material. (3) A list of equipment
identification numbers for pressure relief devices required to comply with
paragraph (A) of rule 3745-51-754 of the Administrative Code. (4) (a) The dates of each compliance test required in paragraph
(E) of rule 3745-51-752, paragraph (I) of rule 3745-51-753, rule 3745-51-754,
and paragraph (F) of rule 3745-51-757 of the Administrative Code. (b) The background level measured during each compliance
test. (c) The maximum instrument reading measured at the
equipment during each compliance test. (5) A list of
identification numbers for equipment in vacuum service. (6) Identification,
either by list or location (area or group) of equipment that contains or
contacts hazardous secondary material with an organic concentration of at least
ten per cent by weight for less than three hundred hours per calendar
year. (H) The following information pertaining
to all valves subject to the requirements of paragraphs (G) and (H) of rule
3745-51-757 of the Administrative Code shall be recorded in a log that is kept
at the facility: (1) A list of
identification numbers for valves that are designated as unsafe to monitor, an
explanation for each valve stating why the valve is unsafe to monitor, and the
plan for monitoring each valve. (2) A list of
identification numbers for valves that are designated as difficult to monitor,
an explanation for each valve stating why the valve is difficult to monitor,
and the planned schedule for monitoring each valve. (I) The following information shall be
recorded in a log that is kept at the facility for valves complying with rule
3745-51-762 of the Administrative Code: (1) A schedule of
monitoring. (2) The per cent of
valves found leaking during each monitoring period. (J) The following information shall be
recorded in a log that is kept at in the facility: (1) Criteria required in
paragraph (D)(5)(b) of rule 3745-51-752 and paragraph (E)(2) of rule
3745-51-753 of the Administrative Code and an explanation of the design
criteria. (2) Any changes to these
criteria and the reasons for the changes. (K) The following information shall be
recorded in a log that is kept at the facility for use in determining
exemptions as provided in rule 3745-51-750 of the Administrative Code and other
specific rules: (1) An analysis
determining the design capacity of the hazardous secondary material management
unit. (2) A statement listing
the hazardous secondary material influent to and effluent from each hazardous
secondary material management unit subject to the requirements in rules
3745-51-752 to 3745-51-760 of the Administrative Code and an analysis
determining whether these hazardous secondary materials are heavy
liquids. (3) An up to date
analysis and the supporting information and data used to determine whether or
not equipment is subject to the requirements in rules 3745-51-752 to
3745-51-760 of the Administrative Code. The record shall include supporting
documentation as required by paragraph (D)(3) of rule 3745-51-763 of the
Administrative Code when application of the knowledge of the nature of the
hazardous secondary material stream or the process by which the hazardous
secondary material stream was produced is used. If the remanufacturer or other
person who stores or treats the hazardous secondary material takes any action
(e.g., changing the process that produced the material) that could result in an
increase in the total organic content of the material contained in or contacted
by equipment determined not to be subject to the requirements in rules
3745-51-752 to 3745-51-760 of the Administrative Code, then a new determination
is required. (L) Records of the equipment leak
information required by paragraph (D) of this rule and the operating
information required by paragraph (E) of this rule need be kept only three
years. (M) The remanufacturer or other person
who stores or treats the hazardous secondary material at a facility with
equipment that is subject to rules 3745-51-750 to 3745-51-764 of the
Administrative Code and to regulations at 40 CFR Part 60, Part 61, or Part 63
may elect to determine compliance with rules 3745-51-750 to 3745-51-764 of the
Administrative Code either by documentation pursuant to rule 3745-51-764 of the
Administrative Code, or by documentation of compliance with 40 CFR Part 60,
Part 61, or Part 63 pursuant to the relevant provisions of 40 Part 60, Part 61,
or Part 63. The documentation of compliance under 40 CFR Part 60, Part 61, or
Part 63 shall be kept with or made readily available at the
facility. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:03 AM
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Rule 3745-51-780 | Applicability - air emission standards for tanks and containers.
(A) Rules 3745-51-780 to 3745-51-789 of
the Administrative Code apply to tanks and containers that contain hazardous
secondary materials excluded under the remanufacturing exclusion in paragraph
(A)(27) of rule 3745-51-04 of the Administrative Code, unless the tanks and
containers are equipped with and operating air emission controls in accordance
with the requirements of an applicable Clean Air Act regulations codified under
40 CFR Part 60, Part 61, or Part 63. (B) [Reserved.] [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:04 AM
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Rule 3745-51-781 | Definitions - air emission standards for tanks and containers.
As used in rules 3745-51-780 to 3745-51-789 of the
Administrative Code, all terms not defined herein have the meaning given in the
Resource Conservation and Recovery Act and Chapters 3745-50 to 3745-57, 3745-65
to 3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code. (A) "Average volatile organic (VO)
concentration" or "average VO concentration" means the
mass-weighted average volatile organic concentration of a hazardous secondary
material as determined in accordance with the requirements of rule 3745-51-784
of the Administrative Code. (B) [Reserved.] (C) (1) "Closure
device" means a cap, hatch, lid, plug, seal, valve, or other type of
fitting that blocks an opening in a cover such that when the device is secured
in the closed position the closure device prevents or reduces air pollutant
emissions to the atmosphere. Closure devices include devices that are
detachable from the cover (e.g., a sampling port cap), manually operated (e.g.,
a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded
pressure relief valve). (2) "Continuous
seal" means a seal that forms a continuous closure that completely covers
the space between the edge of the floating roof and the wall of a tank. A
continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic
shoe seal. A continuous seal may be constructed of fastened segments so as to
form a continuous seal. (3) "Cover"
means a device that provides a continuous barrier over the hazardous secondary
material managed in a unit to prevent or reduce air pollutant emissions to the
atmosphere. A cover may have openings (such as access hatches, sampling ports,
gauge wells) that are necessary for operation, inspection, maintenance, and
repair of the unit on which the cover is used. A cover may be a separate piece
of equipment which can be detached and removed from the unit or a cover may be
formed by structural features permanently integrated into the design of the
unit. (D) [Reserved.] (E) (1) "Empty hazardous
secondary material container" means: (a) A container from which all hazardous secondary
materials have been removed that can be removed using the practices commonly
employed to remove materials from that type of container, e.g., pouring,
pumping, and aspirating, and no more than 2.5 centimeters (one inch) of residue
remain on the bottom of the container or inner liner; (b) A container that is less than or equal to one
hundred-nineteen gallons in size and no more than three per cent by weight of
the total capacity of the container remains in the container or inner liner;
or (c) A container that is greater than one hundred-nineteen
gallons in size and no more than 0.3 per cent by weight of the total capacity
of the container remains in the container or inner liner. (2) "Enclosure"
means a structure that surrounds a tank or container, captures organic vapors
emitted from the tank or container, and vents the captured vapors through a
closed-vent system to a control device. (3) "External
floating roof" means a pontoon-type or double-deck type cover that rests
on the surface of the material managed in a tank with no fixed
roof. (F) (1) "Fixed
roof" means a cover that is mounted on a unit in a stationary position and
does not move with fluctuations in the level of the material managed in the
unit. (2) "Floating
membrane" cover means a cover consisting of a synthetic flexible membrane
material that rests upon and is supported by the hazardous secondary material
being managed in a surface impoundment. (3) "Floating
roof" means a cover consisting of a double deck, pontoon single deck, or
internal floating cover which rests upon and is supported by the material being
contained, and is equipped with a continuous seal. (G) [Reserved.] (H) "Hard-piping" means pipe or
tubing that is manufactured and properly installed in accordance with relevant
standards and good engineering practices. (I) (1) "In light
material service" means the container is used to manage a material for
which vapor pressure of one or more of the organic constituents in the material
is greater than 0.3 kilopascals (kPa) at twenty degrees Celsius, and the total
concentration of the pure organic constituents having a vapor pressure greater
than 0.3 kPa at twenty degrees Celsius is equal to or greater than twenty per
cent by weight. (2) "Internal
floating roof" means a cover that rests or floats on the material surface
(but not necessarily in complete contact with the material surface) inside a
tank that has a fixed roof. (J) [Reserved.] (K) [Reserved.] (L) "Liquid-mounted seal" means
a foam or liquid-filled primary seal mounted in contact with the hazardous
secondary material between the tank wall and the floating roof continuously
around the circumference of the tank. (M) (1) "Malfunction" means any sudden, infrequent,
and not reasonably preventable failure of air pollution control equipment,
process equipment, or a process to operate in a normal or usual manner.
Failures that are caused in part by poor maintenance or careless operation are
not malfunctions. (2) "Material
determination" means performing all applicable procedures in accordance
with the requirements of rule 3745-51-784 of the Administrative Code to
determine whether a hazardous secondary material meets standards specified in
rules 3745-51-780 to 3745-51-789 of the Administrative Code. Examples of a
material determination include performing the procedures in accordance with the
requirements of rule 3745-51-784 of the Administrative Code to determine the
average VO concentration of a hazardous secondary material at the point of
material origination; the average VO concentration of a hazardous secondary
material at the point of material treatment and comparing the results to the
exit concentration limit specified for the process used to treat the hazardous
secondary material; the organic reduction efficiency and the organic
biodegradation efficiency for a biological process used to treat a hazardous
secondary material and comparing the results to the applicable standards; or
the maximum volatile organic vapor pressure for a hazardous secondary material
in a tank and comparing the results to the applicable standards. (3) "Maximum organic
vapor pressure" means the sum of the individual organic constituent
partial pressures exerted by the material contained in a tank, at the maximum
vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of
combining materials, etc.) reasonably expected to occur in the tank. For the
purpose of rules 3745-51-780 to 3745-51-789 of the Administrative Code, maximum
organic vapor pressure is determined using the procedures specified in
paragraph (C) of rule 3745-51-784 of the Administrative Code. (4) "Metallic shoe
seal" means a continuous seal that is constructed of metal sheets which
are held vertically against the wall of the tank by springs, weighted levers,
or other mechanisms and is connected to the floating roof by braces or other
means. A flexible coated fabric (envelope) spans the annular space between the
metal sheet and the floating roof. (N) "No detectable organic
emissions" means no escape of organics to the atmosphere as determined
using the procedure specified in paragraph (D) of rule 3745-51-784 of the
Administrative Code. (O) [Reserved.] (P) "Point of material
origination" means as follows: (1) When the
remanufacturer or other person who stores or treats the hazardous secondary
material is the generator of the hazardous secondary material, the point of
material origination means the point where a material produced by a system,
process, or material management unit is determined to be a hazardous secondary
material excluded under paragraph (A)(27) of rule 3745-51-04 of the
Administrative Code. [Comment: In this case, this term is being
used in a manner similar to the use of the term "point of generation"
in air standards established under authority of the Clean Air Act in 40 CFR
Part 60, Part 61, and Part 63.] (2) When the
remanufacturer or other person who stores or treats the hazardous secondary
material is not the generator of the hazardous secondary material, point of
material origination means the point where the remanufacturer or other person
who stores or treats the hazardous secondary material accepts delivery or takes
possession of the hazardous secondary material. (Q) [Reserved.] (R) [Reserved.] (S) (1) "Safety
device" means a closure device such as a pressure relief valve, frangible
disc, fusible plug, or any other type of device which functions exclusively to
prevent physical damage or permanent deformation to a unit or the unit's
air emission control equipment by venting gases or vapors directly to the
atmosphere during unsafe conditions resulting from an unplanned, accidental, or
emergency event. For the purpose of rules 3745-51-780 to 3745-51-789 of the
Administrative Code, a safety device is not used for routine venting of gases
or vapors from the vapor headspace underneath a cover such as during filling of
the unit or to adjust the pressure in this vapor headspace in response to
normal daily diurnal ambient temperature fluctuations. A safety device is
designed to remain in a closed position during normal operations and open only
when the internal pressure, or another relevant parameter, exceeds the device
threshold setting applicable to the air emission control equipment as
determined by the remanufacturer or other person who stores or treats the
hazardous secondary material based on manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering codes
and practices, or other requirements for the safe handling of flammable,
ignitable, explosive, reactive, or hazardous materials. (2) "Single-seal
system" means a floating roof having one continuous seal. This seal may be
vapor-mounted, liquid-mounted, or a metallic shoe seal. (T) [Reserved.] (U) [Reserved.] (V) (1) "Vapor-mounted
seal" means a continuous seal that is mounted such that there is a vapor
space between the hazardous secondary material in the unit and the bottom of
the seal. (2) "Volatile
organic concentration" or "VO concentration" means the fraction
by weight of the volatile organic compounds contained in a hazardous secondary
material expressed in terms of parts per million by weight (ppmw) as determined
by direct measurement or by knowledge of the material in accordance with the
requirements of rule 3745-51-784 of the Administrative Code. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-51-782 | General standards - tanks and containers.
(A) This rule applies to the management
of hazardous secondary material in tanks and containers subject to rules
3745-51-780 to 3745-51-789 of the Administrative Code. (B) The remanufacturer or other person who stores or treats
the hazardous secondary material shall control air pollutant emissions from
each hazardous secondary material management unit in accordance with standards
specified in rules 3745-51-784 to 3745-51-787 of the Administrative Code, as
applicable to the hazardous secondary material management unit, except as
provided for in paragraph (C) of this rule. (C) A
tank or container is exempt from standards specified in rules 3745-51-784 to
3745-51-787 of the Administrative Code, as applicable, provided that the
hazardous secondary material management unit is a tank or container for which
all hazardous secondary material entering the unit has an average volatile
organic (VO) concentration at the point of material origination of less than
five hundred ppmw. The average VO concentration shall be determined using the
procedures specified in paragraph (A) of rule 3745-51-783 of the Administrative
Code. The remanufacturer or other person who stores or treats the hazardous
secondary material shall review and update, as necessary, this determination at
least once every twelve months after the date of the initial determination for
the hazardous secondary material streams entering the unit.
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Rule 3745-51-783 | Material determination procedures - tanks and containers.
(A) Material determination procedure to determine average volatile organic (VO) concentration of a hazardous secondary material at the point of material origination. (1) Determining average VO concentration at the point of material origination. A remanufacturer or other person who stores or treats the hazardous secondary material shall determine the average VO concentration at the point of material origination for each hazardous secondary material placed in a hazardous secondary material management unit exempted under paragraph (C) of rule 3745-51-782 of the Administrative Code from using air emission controls in accordance with standards specified in rules 3745-51-784 to 3745-51-787 of the Administrative Code, as applicable to the hazardous secondary material management unit. (a) An initial determination of the average VO concentration of the material stream shall be made before the first time any portion of the material in the hazardous secondary material stream is placed in a hazardous secondary material management unit exempted under paragraph (C) of rule 3745-51-782 of the Administrative Code from using air emission controls, and thereafter an initial determination of the average VO concentration of the material stream shall be made for each averaging period that a hazardous secondary material is managed in the unit; and (b) Perform a new material determination whenever changes to the source generating the material stream are reasonably likely to cause the average VO concentration of the hazardous secondary material to increase to a level that is equal to or greater than the applicable VO concentration limits specified in rule 3745-51-782 of the Administrative Code. (2) Determination of average VO concentration using direct measurement or knowledge. For a material determination that is required by paragraph (A)(1) of this rule, the average VO concentration of a hazardous secondary material at the point of material origination shall be determined using either direct measurement as specified in paragraph (A)(3) of this rule or by knowledge as specified in paragraph (A)(4) of this rule. (3) Direct measurement to determine average VO concentration of a hazardous secondary material at the point of material origination. (a) Identification. The remanufacturer or other person who stores or treats the hazardous secondary material shall identify and record in a log that is kept at the facility the point of material origination for the hazardous secondary material. (b) Sampling. Samples of the hazardous secondary material stream shall be collected at the point of material origination in a manner such that volatilization of organics contained in the material and in the subsequent sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method. (i) The averaging period to be used for determining the average VO concentration for the hazardous secondary material stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the remanufacturer or other person who stores or treats the hazardous secondary material determines is appropriate for the hazardous secondary material stream but shall not exceed one year. (ii) A sufficient number of samples, but no less than four samples, shall be collected and analyzed for a hazardous secondary material determination. All of the samples for a given material determination shall be collected within a one-hour period. The average of the four or more sample results constitutes a material determination for the material stream. One or more material determinations may be required to represent the complete range of material compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the source or process generating the hazardous secondary material stream. Examples of such normal variations are seasonal variations in material quantity or fluctuations in ambient temperature. (iii) All samples shall be collected and handled in accordance with written procedures prepared by the remanufacturer or other person who stores or treats the hazardous secondary material and documented in a site sampling plan. This site sampling plan shall describe the procedure by which representative samples of the hazardous secondary material stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process, and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained at the facility. An example of acceptable sample collection and handling procedures for a total VO concentration may be found in method 25D in 40 CFR Part 60 appendix A. (iv) Sufficient information, as specified in the "site sampling plan" required under paragraph (A)(3)(b)(iii) of this rule, shall be prepared and recorded to document the material quantity represented by the samples and, as applicable, the operating conditions for the source or process generating the hazardous secondary material represented by the samples. (c) Analysis. Each collected sample shall be prepared and analyzed in accordance with method 25D in 40 CFR Part 60 appendix A for the total VO concentration, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed material concentration accounts for and reflects all organic compounds in the material with Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/ mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at twenty-five degrees Celsius. At the discretion of the remanufacturer or other person who stores or treats the hazardous secondary material, the test data obtained may be adjusted by any appropriate method to discount any contribution to the total VO concentration that is a result of including a compound with a Henry's law constant value of less than 0.1 Y/X at twenty-five degrees Celsius. To adjust these data, the measured concentration of each individual chemical constituent contained in the material is multiplied by the appropriate constituent-specific adjustment factor (fm25D). If the remanufacturer or other person who stores or treats the hazardous secondary material elects to adjust the test data, the adjustment shall be made to all individual chemical constituents with a Henry's law constant value greater than or equal to 0.1 Y/X at twenty-five degrees Celsius contained in the material. Constituent-specific adjustment factors (fm25D) can be obtained by contacting the "Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC" 27711. Other test methods may be used if those test methods meet the requirements in paragraph (A)(3)(c)(i) or (A)(3)(c)(ii) of this rule and provided the requirement to reflect all organic compounds in the material with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at twenty-five degrees Celsius, is met. (i) Any U.S. EPA standard method that has been validated in accordance with "Alternative Validation Procedure for EPA Waste and Wastewater Methods," 40 CFR Part 63 appendix D. (ii) Any other analysis method that has been validated in accordance with the procedures specified in section 5.1 or section 5.3, and the corresponding calculations in section 6.1 or section 6.3, of method 301 in 40 CFR Part 63 appendix A. The data are acceptable if the data meet the criteria specified in section 6.1.5 or section 6.3.3 of method 301. If correction is required under section 6.3.3 of method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of method 301 are not required. (d) Calculations. (i) The average VO concentration (C) on a mass-weighted basis shall be calculated by using the results for all material determinations conducted in accordance with paragraphs (A)(3)(b) and (A)(3)(c) of this rule and the following equation:  Where: C = Average VO concentration of the hazardous secondary material at the point of material origination on a mass-weighted basis, parts per million by weight (ppmw). i = Individual material determination "I" of the hazardous secondary material. n = Total number of material determinations of the hazardous secondary material conducted for the averaging period (not to exceed one year). Qi = Mass quantity of hazardous secondary material stream represented by Ci, kilograms per hour (kg/hr). QT = Total mass quantity of hazardous secondary material during the averaging period, kg/hr. Ci = Measured VO concentration of material determination "I" as determined in accordance with the requirements of paragraph (A)(3)(c) of this rule [i.e. the average of the four or more samples specified in paragraph (A)(3)(b)(ii) of this rule], ppmw. (ii) For the purpose of determining Ci, for individual material samples analyzed in accordance with paragraph (A)(3)(c) of this rule, the remanufacturer or other person who stores or treats the hazardous secondary material shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration: (a) If method 25D in 40 CFR Part 60 appendix A is used for the analysis, one-half the blank value determined in the method at section 4.4 of method 25D in 40 CFR Part 60 appendix A. (b) If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the material that has a Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in- the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at twenty-five degrees Celsius. (4) Use of knowledge by the remanufacturer or other person who stores or treats the hazardous secondary material to determine average VO concentration of a hazardous secondary material at the point of material origination. (a) Documentation shall be prepared that presents the information used as the basis for the knowledge by the remanufacturer or other person who stores or treats the hazardous secondary material of the hazardous secondary material stream's average VO concentration. Examples of information that may be used as the basis for knowledge include material balances for the source or process generating the hazardous secondary material stream, constituent-specific chemical test data for the hazardous secondary material stream from previous testing that are still applicable to the current material stream, previous test data for other locations managing the same type of material stream, or other knowledge based on information included in shipping papers or material certification notices. (b) If test data are used as the basis for knowledge, then the remanufacturer or other person who stores or treats the hazardous secondary material shall document the test method, sampling protocol, and the means by which sampling variability and analytical variability are accounted for in the determination of the average VO concentration. For example, a remanufacturer or other person who stores or treats the hazardous secondary material may use organic concentration test data for the hazardous secondary material stream that are validated in accordance with method 301 in 40 CFR Part 63 appendix A as the basis for knowledge of the material. (c) A remanufacturer or other person who stores or treats the hazardous secondary material using chemical constituent-specific concentration test data as the basis for knowledge of the hazardous secondary material may adjust the test data to the corresponding average VO concentration value which would have been obtained if the material samples had been analyzed using method 25D in 40 CFR Part 60 appendix A. To adjust these data, the measured concentration for each individual chemical constituent contained in the material is multiplied by the appropriate constituent-specific adjustment factor (fm25D). (d) In the event that the director and the remanufacturer or other person who stores or treats the hazardous secondary material disagree on a determination of the average VO concentration for a hazardous secondary material stream using knowledge, then the results from a determination of average VO concentration using direct measurement as specified in paragraph (A)(3) of this rule shall be used to establish compliance with the applicable requirements of rules 3745-51-780 to 3745-51-789 of the Administrative Code. The director may perform or request that the remanufacturer or other person who stores or treats the hazardous secondary material perform this determination using direct measurement. The remanufacturer or other person who stores or treats the hazardous secondary material may choose one or more appropriate methods to analyze each collected sample in accordance with the requirements of paragraph (A)(3)(c) of this rule. (B) [Reserved.] (C) Procedure to determine the maximum organic vapor pressure of a hazardous secondary material in a tank. (1) A remanufacturer or other person who stores or treats the hazardous secondary material shall determine the maximum organic vapor pressure for each hazardous secondary material placed in a tank using "Tank Level 1" controls in accordance with standards specified in paragraph (C) of rule 3745-51-784 of the Administrative Code. (2) A remanufacturer or other person who stores or treats the hazardous secondary material shall use either direct measurement as specified in paragraph (C)(3) of this rule or knowledge of the waste as specified by paragraph (C)(4) of this rule to determine the maximum organic vapor pressure which is representative of the hazardous secondary material composition stored or treated in the tank. (3) Direct measurement to determine the maximum organic vapor pressure of a hazardous secondary material. (a) Sampling. A sufficient number of samples shall be collected to be representative of the hazardous secondary material contained in the tank. All samples shall be collected and handled in accordance with written procedures prepared by the remanufacturer or other person who stores or treats the hazardous secondary material and documented in a site sampling plan. This site sampling plan shall describe the procedure by which representative samples of the hazardous secondary material are collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained. A copy of the written site sampling plan shall be maintained at the facility. An example of acceptable sample collection and handling procedures is in method 25D in 40 CFR Part 60 appendix A. (b) Analysis. Any appropriate one of the following methods may be used to analyze the samples and compute the maximum organic vapor pressure of the hazardous secondary material: (i) Method 25E in 40 CFR Part 60 appendix A; (ii) Methods described in "American Petroleum Institute Publication 2517, Third Edition, February 1989," "Evaporative Loss from External Floating-Roof Tanks," ; (iii) Methods obtained from standard reference texts; (iv) ASTM method D2879-10; and (v) Any other method approved by the director. (4) Use of knowledge to determine the maximum organic vapor pressure of the hazardous secondary material. Documentation shall be prepared and recorded that presents the information used as the basis for the knowledge by the remanufacturer or other person who stores or treats the hazardous secondary material that the maximum organic vapor pressure of the hazardous secondary material is less than the maximum vapor pressure limit listed in paragraph (B)(1)(a) of rule 3745-51-784 of the Administrative Code for the applicable tank design capacity category. An example of information that may be used is documentation that the hazardous secondary material is generated by a process for which at other locations it previously has been determined by direct measurement that the hazardous secondary material's waste maximum organic vapor pressure is less than the maximum vapor pressure limit for the appropriate tank design capacity category. (D) Procedure for determining no detectable organic emissions for the purpose of complying with rules 3745-51-780 to 3745-51-789 of the Administrative Code. (1) The test shall be conducted in accordance with the procedures specified in method 21 of 40 CFR Part 60 appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to, the interface of the cover and the cover's foundation mounting, the periphery of any opening on the cover and associated closure device, and the sealing seat interface on a spring-loaded pressure relief valve. (2) The test shall be performed when the unit contains a hazardous secondary material having an organic concentration representative of the range of concentrations for the hazardous secondary material expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position. (3) The detection instrument shall meet the performance criteria of method 21 of 40 CFR Part 60 appendix A, except the instrument response factor criteria in section 3.1.2(a) of method 21 shall be for the average composition of the organic constituents in the hazardous secondary material placed in the hazardous secondary management unit, not for each individual organic constituent. (4) The detection instrument shall be calibrated before use on each day of use by the procedures specified in method 21 of 40 CFR Part 60 appendix A. (5) Calibration gases shall be as follows: (a) Zero air [less than ten parts per million by volume (ppmv) hydrocarbon in air]; and (b) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, ten thousand ppmv methane or n-hexane. (6) The background level shall be determined according to the procedures in method 21 of 40 CFR Part 60 appendix A. (7) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in method 21 of 40 CFR Part 60 appendix A. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere. (8) The arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of five hundred ppmv except when monitoring a seal around a rotating shaft that passes through a cover opening, in which case the comparison shall be as specified in paragraph (D)(9) of this rule. If the difference is less than five hundred ppmv, then the potential leak interface is determined to operate with no detectable organic emissions. (9) For the seals around a rotating shaft that passes through a cover opening, the arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of ten thousand ppmw. If the difference is less than ten thousand ppmw, then the potential leak interface is determined to operate with no detectable organic emissions. [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Last updated March 7, 2025 at 8:19 AM
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Rule 3745-51-784 | Tanks - air emission standards for tanks and containers.
(A) This rule applies to the control of
air pollutant emissions from tanks for which paragraph (B) of rule 3745-51-782
of the Administrative Code references the use of this rule for such air
emission control. (B) The remanufacturer or other person
who stores or treats the hazardous secondary material shall control air
pollutant emissions from each tank subject to this rule in accordance with the
following requirements as applicable: (1) For a tank that
manages hazardous secondary material that meets all of the conditions specified
in paragraphs (B)(1)(a) to (B)(1)(b) of this rule, the remanufacturer or other
person who stores or treats the hazardous secondary material shall control air
pollutant emissions from the tank in accordance with the "Tank Level
1" controls specified in paragraph (C) of this rule or the "Tank
Level 2" controls specified in paragraph (D) of this rule. (a) The hazardous secondary material in the tank has a maximum
organic vapor pressure which is less than the maximum organic vapor pressure
limit for the tank's design capacity category as follows: (i) For a tank design
capacity equal to or greater than one hundred fifty-one cubic meters
(m3), the maximum organic vapor
pressure limit for the tank is 5.2 kilopascals (kPa). (ii) For a tank design
capacity equal to or greater than seventy-five m3 but less than one hundred fifty-one
m3, the maximum organic vapor
pressure limit for the tank is 27.6 kPa. (iii) For a tank design
capacity less than seventy-five m3, the maximum organic vapor pressure limit for
the tank is 76.6 kPa. (b) The hazardous secondary material in the tank is not heated by
the remanufacturer or other person who stores or treats the hazardous secondary
material to a temperature that is greater than the temperature at which the
maximum organic vapor pressure of the hazardous secondary material is
determined for the purpose of complying with paragraph (B)(1)(a) of this
rule. (2) For a tank that
manages hazardous secondary material that does not meet all of the conditions
specified in paragraphs (B)(1)(a) to (B)(1)(b) of this rule, the remanufacturer
or other person stores or treats the hazardous secondary material shall control
air pollutant emissions from the tank by using "Tank Level 2"
controls in accordance with the requirements of paragraph (D) of this rule. An
example of tanks required to use "Tank Level 2" controls is a tank
for which the hazardous secondary material in the tank has a maximum organic
vapor pressure that is equal to or greater than the maximum organic vapor
pressure limit for the tank's design capacity category as specified in
paragraph (B)(1)(a) of this rule. (C) Remanufacturers or other persons who
store or treats the hazardous secondary material controlling air pollutant
emissions from a tank using "Tank Level 1" controls shall meet the
requirements specified in paragraphs (C)(1) to (C)(4) of this
rule: (1) The remanufacturer or
other person who stores or treats that hazardous secondary material shall
determine the maximum organic vapor pressure for a hazardous secondary material
to be managed in the tank using "Tank Level 1" controls before the
first time the hazardous secondary material is placed in the tank. The maximum
organic vapor pressure shall be determined using the procedures specified in
paragraph (C) of rule 3745-51-783 of the Administrative Code. Thereafter, the
remanufacturer or other person who stores or treats the hazardous secondary
material shall perform a new determination whenever changes to the hazardous
secondary material managed in the tank could potentially cause the maximum
organic vapor pressure to increase to a level that is equal to or greater than
the maximum organic vapor pressure limit for the tank design capacity category
specified in paragraph (B)(1)(a) of this rule, as applicable to the
tank. (2) The tank shall be
equipped with a fixed roof designed to meet the following
specifications: (a) The fixed roof and the fixed roof's closure devices
shall be designed to form a continuous barrier over the entire surface area of
the hazardous secondary material in the tank. The fixed roof may be a separate
cover installed on the tank (e.g., a removable cover mounted on an open-top
tank) or may be an integral part of the tank structural design (e.g., a
horizontal cylindrical tank equipped with a hatch). (b) The fixed roof shall be installed in a manner such that there
are no visible cracks, holes, gaps, or other open spaces between roof section
joints or between the interface of the roof edge and the tank
wall. (c) Each opening in the fixed roof, and any manifold system
associated with the fixed roof, shall be either: (i) Equipped with a
closure device designed to operate such that when the closure device is secured
in the closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the opening and the
closure device; or (ii) Connected by a
closed-vent system that is vented to a control device. The control device shall
remove or destroy organics in the vent stream, and shall be operating whenever
hazardous secondary material is managed in the tank, except as provided for in
paragraphs (C)(2)(c)(ii)(1) to (C)(2)(c)(ii)(2) of this rule. (a) During periods when
it is necessary to provide access to the tank for performing the activities of
paragraph (C)(2)(c)(ii)(2) of this rule, venting of the vapor headspace
underneath the fixed roof to the control device is not required, opening of
closure devices is allowed, and removal of the fixed roof is allowed. After
completion of the activity, the remanufacturer or other person who stores or
treats the hazardous secondary material shall promptly secure the closure
device in the closed position or reinstall the cover, as applicable, and resume
operation of the control device. (b) During periods of
routine inspection, maintenance, or other activities needed for normal
operations, and for removal of accumulated sludge or other residues from the
bottom of the tank. (d) The fixed roof and the fixed roof's closure devices
shall be made of suitable materials that will minimize exposure of the
hazardous secondary material to the atmosphere, to the extent practical, and
will maintain the integrity of the fixed roof and closure devices throughout
their intended service life. Factors to be considered when selecting the
materials for and designing the fixed roof and closure devices shall include
organic vapor permeability, the effects of any contact with the hazardous
secondary material or its vapors managed in the tank; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices used for
the tank on which the fixed roof is installed. (3) Whenever a hazardous
secondary material is in the tank, the fixed roof shall be installed with each
closure device secured in the closed position except as follows: (a) Opening of closure devices or removal of the fixed roof is
allowed at the following times: (i) To provide access to
the tank for performing routine inspection, maintenance, or other activities
needed for normal operations. Examples of such activities include those times
when a worker needs to open a port to sample the liquid in the tank, or when a
worker needs to open a hatch to maintain or repair equipment. After completion
of the activity, the remanufacturer or other person who stores or treats the
hazardous secondary material shall promptly secure the closure device in the
closed position or reinstall the cover, as applicable, to the
tank. (ii) To remove
accumulated sludge or other residues from the bottom of tank. (b) Opening of a spring-loaded pressure-vacuum relief valve,
conservation vent, or similar type of pressure relief device which vents to the
atmosphere is allowed during normal operations for the purpose of maintaining
the tank internal pressure in accordance with the tank design specifications.
The device shall be designed to operate with no detectable organic emissions
when the device is secured in the closed position. The settings at which the
device opens shall be established such that the device remains in the closed
position whenever the tank internal pressure is within the internal pressure
operating range determined by the remanufacturer or other person who stores or
treats the hazardous secondary material based on the tank manufacturer
recommendations, applicable regulations, fire protection and prevention codes,
standard engineering codes and practices, or other requirements for the safe
handling of flammable, ignitable, explosive, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices to open
are during those times when the tank internal pressure exceeds the internal
pressure operating range for the tank as a result of loading operations or
diurnal ambient temperature fluctuations. (c) Opening of a "safety device," as defined in rule
3745-51-781 of the Administrative Code, is allowed at any time conditions
require doing so to avoid an unsafe condition. (4) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
inspect the air emission control equipment in accordance with the following
requirements (a) The fixed roof and the fixed roof's closure devices
shall be visually inspected by the remanufacturer or other person who stores or
treats the hazardous secondary material to check for defects that could result
in air pollutant emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in the roof sections or between the roof and the tank
wall; broken, cracked, or otherwise damaged seals or gaskets on closure
devices; and broken or missing hatches, access covers, caps, or other closure
devices. (b) The remanufacturer or other person who stores or treats the
hazardous secondary material shall perform an initial inspection of the fixed
roof and the fixed roof's closure devices on or before the date that the
tank becomes subject to this rule. Thereafter, the remanufacturer or other
person who stores or treats the hazardous secondary material shall perform the
inspections at least once every year except under the special conditions
provided for in paragraph (L) of this rule. (c) In the event that a defect is detected, the remanufacturer or
other person who stores or treats the hazardous secondary material shall repair
the defect in accordance with the requirements of paragraph (K) of this
rule. (d) The remanufacturer or other person who stores or treats the
hazardous secondary material shall maintain a record of the inspection in
accordance with the requirements specified in paragraph (B) of rule 3745-51-789
of the Administrative Code. (D) Remanufacturers or other persons who
store or treat the hazardous secondary material controlling air pollutant
emissions from a tank using "Tank Level 2" controls shall use one of
the following tanks: (1) A fixed-roof tank
equipped with an internal floating roof in accordance with the requirements
specified in paragraph (E) of this rule; (2) A tank equipped with
an external floating roof in accordance with the requirements specified in
paragraph (F) of this rule; (3) A tank vented through
a closed-vent system to a control device in accordance with the requirements
specified in paragraph (G) of this rule; (4) A pressure tank
designed and operated in accordance with the requirements specified in
paragraph (H) of this rule; or (5) A tank located inside
an enclosure that is vented through a closed-vent system to an enclosed
combustion control device in accordance with the requirements specified in
paragraph (I) of this rule. (E) The remanufacturer or other person
who stores or treats the hazardous secondary material who controls air
pollutant emissions from a tank using a fixed roof with an internal floating
roof shall meet the requirements specified in paragraphs (E)(1) to (E)(3) of
this rule. (1) The tank shall be
equipped with a fixed roof and an internal floating roof in accordance with the
following requirements: (a) The internal floating roof shall be designed to float on the
liquid surface except when the floating roof shall be supported by the leg
supports. (b) The internal floating roof shall be equipped with a
continuous seal between the wall of the tank and the floating roof edge that
meets either of the following requirements: (i) A single continuous
seal that is either a "liquid-mounted seal" or a "metallic shoe
seal," as defined in rule 3745-51-781 of the Administrative Code;
or (ii) Two continuous seals
mounted one above the other. The lower seal may be a vapor-mounted
seal. (c) The internal floating roof shall meet the following
specifications: (i) Each opening in a
noncontact internal floating roof except for automatic bleeder vents (vacuum
breaker vents) and the rim space vents is to provide a projection below the
liquid surface. (ii) Each opening in the
internal floating roof shall be equipped with a gasketed cover or a gasketed
lid except for leg sleeves, automatic bleeder vents, rim space vents, column
wells, ladder wells, sample wells, and stub drains. (iii) Each penetration of
the internal floating roof for the purpose of sampling shall have a slit fabric
cover that covers at least ninety per cent of the opening. (iv) Each automatic
bleeder vent and rim space vent shall be gasketed. (v) Each penetration of
the internal floating roof that allows for passage of a ladder shall have a
gasketed sliding cover. (vi) Each penetration of
the internal floating roof that allows for passage of a column supporting the
fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding
cover. (2) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
operate the tank in accordance with the following requirements: (a) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and shall be
completed as soon as practical. (b) Automatic bleeder vents are to be set closed at all times
when the roof is floating, except when the roof is being floated off or is
being landed on the leg supports. (c) Prior to filling the tank, each cover, access hatch, gauge
float well or lid on any opening in the internal floating roof shall be bolted
or fastened closed (i.e., no visible gaps). Rim space vents are to be set to
open only when the internal floating roof is not floating or when the pressure
beneath the rim exceeds the manufacturer's recommended
setting. (3) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
inspect the internal floating roof in accordance with the procedures specified
as follows: (a) The floating roof and the floating roof's closure
devices shall be visually inspected by the remanufacture or other person who
stores or treats the hazardous secondary material to check for defects that
could result in air pollutant emissions. Defects include, but are not limited
to, the internal floating roof is not floating on the surface of the liquid
inside the tank; liquid has accumulated on top of the internal floating roof;
any portion of the roof seals have detached from the roof rim; holes, tears, or
other openings are visible in the seal fabric; the gaskets no longer close off
the hazardous secondary material surface from the atmosphere; or the slotted
membrane has more than ten per cent open area. (b) The remanufacturer or other person who stores or treats the
hazardous secondary material shall inspect the internal floating roof
components as follows except as provided in paragraph (E)(3)(c) of this
rule: (i) Visually inspect the
internal floating roof components through openings on the fixed-roof (e.g.,
manholes and roof hatches) at least once every twelve months after initial
fill, and (ii) Visually inspect the
internal floating roof, primary seal, secondary seal (if one is in service),
gaskets, slotted membranes, and sleeve seals (if any) each time the tank is
emptied and degassed and at least every ten years. (c) As an alternative to performing the inspections specified in
paragraph (E)(3)(b) of this rule for an internal floating roof equipped with
two continuous seals mounted one above the other, the remanufacturer or other
person who stores or treats the hazardous secondary material may visually
inspect the internal floating roof, primary and secondary seals, gaskets,
slotted membranes, and sleeve seals (if any) each time the tank is emptied and
degassed and at least every five years. (d) Prior to each inspection required by paragraph (E)(3)(b) or
(E)(3)(c) of this rule, the remanufacturer or other person who stores or treats
the hazardous secondary material shall notify the director in advance of each
inspection to provide the director with the opportunity to have an observer
present during the inspection. The remanufacturer or other person who stores or
treats the hazardous secondary material shall notify the director of the date
and location of the inspection as follows: (i) Prior to each visual
inspection of an internal floating roof in a tank that has been emptied and
degassed, written notification shall be prepared and sent by the remanufacturer
or other person who stores or treats the hazardous secondary material so that
the notification is received by the director at least thirty calendar days
before refilling the tank except when an inspection is not planned as provided
for in paragraph (E)(3)(d)(ii) of this rule. (ii) When a visual
inspection is not planned and the remanufacturer or other person who stores or
treats the hazardous secondary material could not have known about the
inspection thirty calendar days before refilling the tank, the remanufacturer
or other person who stores or treats the hazardous secondary material shall
notify the director as soon as possible, but no later than seven calendar days
before refilling of the tank. This notification may be made by telephone and
immediately followed by a written explanation for why the inspection is
unplanned. Alternatively, written notification, including the explanation for
the unplanned inspection, may be sent so that the notification is received by
the director at least seven calendar days before refilling the
tank. (e) In the event that a defect is detected, the remanufacturer or
other person who stores or treats the hazardous secondary material shall repair
the defect in accordance with the requirements of paragraph (K) of this
rule. (f) The remanufacturer or other person who stores or treats the
hazardous secondary material shall maintain a record of the inspection in
accordance with the requirements specified in paragraph (B) of rule 3745-51-789
of the Administrative Code. (4) "Safety
devices," as defined in rule 3745-51-781 of the Administrative Code, may
be installed and operated as necessary on any tank complying with the
requirements of paragraph (E) of this rule. (F) The remanufacturer or other person
who stores or treats the hazardous secondary material who controls air
pollutant emissions from a tank using an external floating roof shall meet the
requirements specified in paragraphs (F)(1) to (F)(3) of this
rule. (1) The remanufacturer or
other person who stores or treats the hazardous secondary material shall design
the external floating roof in accordance with the following
requirements: (a) The external floating roof shall be designed to float on the
liquid surface except when the floating roof shall be supported by the leg
supports. (b) The floating roof shall be equipped with two continuous
seals, one above the other, between the wall of the tank and the roof edge. The
lower seal is referred to as the primary seal, and the upper seal is referred
to as the secondary seal. (i) The primary seal
shall be a "liquid-mounted seal" or a "metallic shoe seal,"
as defined in rule 3745-51-781 of the Administrative Code. The total area of
the gaps between the tank wall and the primary seal shall not exceed two
hundred twelve square centimeters (cm2) per meter of tank diameter, and the width of
any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic
shoe seal is used for the primary seal, the metallic shoe seal shall be
designed so that one end extends into the liquid in the tank and the other end
extends a vertical distance of at least sixty-one cm above the liquid
surface. (ii) The secondary seal
shall be mounted above the primary seal and cover the annular space between the
floating roof and the wall of the tank. The total area of the gaps between the
tank wall and the secondary seal shall not exceed 21.2 cm2 per meter of tank diameter, and the width of
any portion of these gaps shall not exceed 1.3 cm. (c) The external floating roof shall meet the following
specifications: (i) Except for automatic
bleeder vents (vacuum breaker vents) and rim space vents, each opening in a
noncontact external floating roof shall provide a projection below the liquid
surface. (ii) Except for automatic
bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in
the roof shall be equipped with a gasketed cover, seal, or lid. (iii) Each access hatch
and each gauge float well shall be equipped with a cover designed to be bolted
or fastened when the cover is secured in the closed position. (iv) Each automatic
bleeder vent and each rim space vent shall be equipped with a
gasket. (v) Each roof drain that
empties into the liquid managed in the tank shall be equipped with a slotted
membrane fabric cover that covers at least ninety per cent of the area of the
opening. (vi) Each unslotted and
slotted guide pole well shall be equipped with a gasketed sliding cover or a
flexible fabric sleeve seal. (vii) Each unslotted
guide pole shall be equipped with a gasketed cap on the end of the
pole. (viii) Each slotted guide
pole shall be equipped with a gasketed float or other device which closes off
the liquid surface from the atmosphere. (ix) Each gauge hatch and
each sample well shall be equipped with a gasketed cover. (2) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
operate the tank in accordance with the following requirements: (a) When the floating roof is resting on the leg supports, the
process of filling, emptying, or refilling shall be continuous and shall be
completed as soon as practical. (b) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening in the roof shall be secured and
maintained in a closed position at all times except when the closure device
shall be open for access. (c) Covers on each access hatch and each gauge float well shall
be bolted or fastened when secured in the closed position. (d) Automatic bleeder vents shall be set closed at all times when
the roof is floating, except when the roof is being floated off or is being
landed on the leg supports. (e) Rim space vents shall be set to open only at those times that
the roof is being floated off the roof leg supports or when the pressure
beneath the rim seal exceeds the manufacturer's recommended
setting. (f) The cap on the end of each unslotted guide pole shall be
secured in the closed position at all times except when measuring the level or
collecting samples of the liquid in the tank. (g) The cover on each gauge hatch or sample well shall be secured
in the closed position at all times except when the hatch or well shall be
opened for access. (h) Both the primary seal and the secondary seal shall completely
cover the annular space between the external floating roof and the wall of the
tank in a continuous fashion except during inspections. (3) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
inspect the external floating roof in accordance with the procedures specified
as follows: (a) The remanufacturer or other person who stores or treats the
hazardous secondary material shall measure the external floating roof seal gaps
in accordance with the following requirements: (i) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
perform measurements of gaps between the tank wall and the primary seal within
sixty calendar days after initial operation of the tank after installation of
the floating roof and, thereafter, at least once every five years. (ii) The remanufacturer
or other person who stores or treats the hazardous secondary material shall
perform measurements of gaps between the tank wall and the secondary seal
within sixty calendar days after initial operation of the tank after
installation of the floating roof and, thereafter, at least once every
year. (iii) If a tank ceases to
hold hazardous secondary material for a period of one year or more, subsequent
introduction of hazardous secondary material into the tank shall be considered
an initial operation for the purposes of paragraphs (F)(3)(a)(i) and
(F)(3)(a)(ii) of this rule. (iv) The remanufacturer
or other person who stores or treats the hazardous secondary material shall
determine the total surface area of gaps in the primary seal and in the
secondary seal individually using the following procedure: (a) The seal gap
measurements shall be performed at one or more floating roof levels when the
roof is floating off the roof supports. (b) Seal gaps, if any,
shall be measured around the entire perimeter of the floating roof in each
place where a 0.32-cm diameter uniform probe passes freely (without forcing or
binding against the seal) between the seal and the wall of the tank and measure
the circumferential distance of each such location. (c) For a seal gap
measured under paragraph (F)(3) of this rule, the gap surface area shall be
determined by using probes of various widths to measure accurately the actual
distance from the tank wall to the seal and multiplying each such width by its
respective circumferential distance. (d) The total gap area
shall be calculated by adding the gap surface areas determined for each
identified gap location for the primary seal and the secondary seal
individually, and then dividing the sum for each seal type by the nominal
diameter of the tank. These total gap areas for the primary seal and secondary
seal are then compared to the respective standards for the seal type as
specified in paragraph (F)(1)(b) of this rule. (v) In the event that the
seal gap measurements do not conform to the specifications in paragraph
(F)(1)(b) of this rule, the remanufacturer or other person who stores or treats
the hazardous secondary material shall repair the defect in accordance with the
requirements of paragraph (K) of this rule. (vi) The remanufacturer
or other person who stores or treats the hazardous secondary material shall
maintain a record of the inspection in accordance with the requirements
specified in paragraph (B) of rule 3745-51-789 of the Administrative
Code. (b) The remanufacturer or other person who stores or treats the
hazardous secondary material shall visually inspect the external floating roof
in accordance with the following requirements: (i) The floating roof and
the floating roof's closure devices shall be visually inspected by the
remanufacturer or other person who stores or treats the hazardous secondary
material to check for defects that could result in air pollutant emissions.
Defects include, but are not limited to, holes, tears, or other openings in the
rim seal or seal fabric of the floating roof; a rim seal detached from the
floating roof; all or a portion of the floating roof deck being submerged below
the surface of the liquid in the tank; broken, cracked, or otherwise damaged
seals or gaskets on closure devices; and broken or missing hatches, access
covers, caps, or other closure devices. (ii) The remanufacturer
or other person who stores or treats the hazardous secondary material shall
perform an initial inspection of the external floating roof and if the external
floating roof's closure devices on or before the date that the tank
becomes subject to this rule. Thereafter, the remanufacturer or other person
who stores or treats the hazardous secondary material shall perform the
inspections at least once every year except for the special conditions provided
for in paragraph (L) of this rule. (iii) In the event that a
defect is detected, the remanufacturer or other person who stores or treats the
hazardous secondary material shall repair the defect in accordance with the
requirements of paragraph (K) of this rule. (iv) The remanufacturer
or other person who stores or treats the hazardous secondary material shall
maintain a record of the inspection in accordance with the requirements
specified in paragraph (B) of rule 3745-51-789 of the Administrative
Code. (c) Prior to each inspection required by paragraph (F)(3)(a) or
(F)(3)(b) of this rule, the remanufacturer or other person who stores or treats
the hazardous secondary material shall notify the director in advance of each
inspection to provide the director with the opportunity to have an observer
present during the inspection. The remanufacturer or other person who stores or
treats the hazardous secondary material shall notify the director of the date
and location of the inspection as follows: (i) Prior to each
inspection to measure external floating roof seal gaps as required under
paragraph (F)(3)(a) of this rule, written notification shall be prepared and
sent by the remanufacturer or other person who stores or treats the hazardous
secondary material so that the notification is received by the director at
least thirty calendar days before the date the measurements are scheduled to be
performed. (ii) Prior to each visual
inspection of an external floating roof in a tank that has been emptied and
degassed, written notification shall be prepared and sent by the remanufacturer
or other person who stores or treats the hazardous secondary material so that
the notification is received by the director at least thirty calendar days
before refilling the tank except when an inspection is not planned as provided
for in paragraph (F)(3)(c)(iii) of this rule. (iii) When a visual
inspection is not planned and the remanufacturer or other person who stores or
treats the hazardous secondary material could not have known about the
inspection thirty calendar days before refilling the tank, the owner or
operator shall notify the director as soon as possible, but no later than seven
calendar days before refilling of the tank. This notification may be made by
telephone and immediately followed by a written explanation for why the
inspection is unplanned. Alternatively, written notification, including the
explanation for the unplanned inspection, may be sent so that the notification
is received by the director at least seven calendar days before refilling the
tank. (4) "Safety
devices," as defined in rule 3745-51-781 of the Administrative Code, may
be installed and operated as necessary on any tank complying with the
requirements of paragraph (F) of this rule. (G) The remanufacturer or other person
who stores or treats the hazardous secondary material who controls air
pollutant emissions from a tank by venting the tank to a control device shall
meet the requirements specified in this paragraph: (1) The tank shall be
covered by a fixed roof and vented directly through a closed-vent system to a
control device in accordance with the following requirements: (a) The fixed roof and the fixed roof's closure devices
shall be designed to form a continuous barrier over the entire surface area of
the liquid in the tank. (b) Each opening in the fixed roof not vented to the control
device shall be equipped with a closure device. If the pressure in the vapor
headspace underneath the fixed roof is less than atmospheric pressure when the
control device is operating, the closure devices shall be designed to operate
such that when the closure device is secured in the closed position there are
no visible cracks, holes, gaps, or other open spaces in the closure device or
between the perimeter of the cover opening and the closure device. If the
pressure in the vapor headspace underneath the fixed roof is equal to or
greater than atmospheric pressure when the control device is operating, the
closure device shall be designed to operate with no detectable organic
emissions. (c) The fixed roof and the fixed roof's closure devices
shall be made of suitable materials that will minimize exposure of the
hazardous secondary material to the atmosphere, to the extent practical, and
will maintain the integrity of the fixed roof and closure devices throughout
the intended service life of the fixed roof and closure devices. Factors to be
considered when selecting the materials for and designing the fixed roof and
closure devices shall include organic vapor permeability, the effects of any
contact with the liquid and the liquid's vapor managed in the tank; the
effects of outdoor exposure to wind, moisture, and sunlight; and the operating
practices used for the tank on which the fixed roof is installed. (d) The closed-vent system and control device shall be designed
and operated in accordance with the requirements of rule 3745-51-787 of the
Administrative Code. (2) Whenever a hazardous
secondary material is in the tank, the fixed roof shall be installed with each
closure device secured in the closed position and the vapor headspace
underneath the fixed roof vented to the control device except as
follows: (a) Venting to the control device is not required, and opening of
closure devices or removal of the fixed roof is allowed at the following
times: (i) To provide access to
the tank for performing routine inspection, maintenance, or other activities
needed for normal operations. Examples of such activities include those times
when a worker needs to open a port to sample liquid in the tank, or when a
worker needs to open a hatch to maintain or repair equipment. After completion
of the activity, the remanufacturer or other person who stores or treats the
hazardous secondary material shall promptly secure the closure device in the
closed position or reinstall the cover, as applicable, to the
tank. (ii) To remove
accumulated sludge or other residues from the bottom of a tank. (b) Opening of a "safety device," as defined in rule
3745-51-781 of the Administrative Code, is allowed at any time conditions
require doing so to avoid an unsafe condition. (3) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
inspect and monitor the air emission control equipment in accordance with the
following procedures: (a) The fixed roof and the fixed roof's closure devices
shall be visually inspected by the remanufacturer or other person who stores or
treats the hazardous secondary material to check for defects that could result
in air pollutant emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in the roof sections or between the roof and the tank
wall; broken, cracked, or otherwise damaged seals or gaskets on closure
devices; and broken or missing hatches, access covers, caps, or other closure
devices. (b) The closed-vent system and control device shall be inspected
and monitored by the remanufacturer or other person who stores or treats the
hazardous secondary material in accordance with the procedures specified in
rule 3745-51-787 of the Administrative Code. (c) The remanufacturer or other person who stores or treats the
hazardous secondary material shall perform an initial inspection of the air
emission control equipment on or before the date that the tank becomes subject
to this rule. Thereafter, the remanufacturer or other person who stores or
treats the hazardous secondary material shall perform the inspections at least
once every year except for the special conditions provided for in paragraph (L)
of this rule. (d) In the event that a defect is detected, the remanufacture or
other person who stores or treats the hazardous secondary material shall repair
the defect in accordance with the requirements of paragraph (K) of this
rule. (e) The remanufacturer or other person who stores or treats the
hazardous secondary material shall maintain a record of the inspection in
accordance with the requirements specified in paragraph (B) of rule 3745-51-789
of the Administrative Code. (H) The remanufacturer or other person
who stores or treats the hazardous secondary material who controls air
pollutant emissions by using a pressure tank shall meet the following
requirements. (1) The tank shall be
designed not to vent to the atmosphere as a result of compression of the vapor
headspace in the tank during filling of the tank to the tank's design
capacity. (2) All tank openings
shall be equipped with closure devices designed to operate with no detectable
organic emissions as determined using the procedure specified in paragraph (D)
of rule 3745-51-783 of the Administrative Code. (3) Whenever a hazardous
secondary material is in the tank, the tank shall be operated as a closed
system that does not vent to the atmosphere except under either or the
following conditions as specified in paragraph (H)(3)(a) or (H)(3)(b) of this
rule. (a) At those times when opening of a "safety device,"
as defined in rule 3745-51-781 of the Administrative Code, is required to avoid
an unsafe condition. (b) At those times when purging of inerts from the tank is
required and the purge stream is routed to a closed-vent system and control
device designed and operated in accordance with the requirements of rule
3745-51-787 of the Administrative Code. (I) The remanufacturer or other person
who stores or treats the hazardous secondary material who controls air
pollutant emissions by using an enclosure vented through a closed-vent system
to an enclosed combustion control device shall meet the requirements specified
in this paragraph: (1) The tank shall be
located inside an enclosure. The enclosure shall be designed and operated in
accordance with the criteria for 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. The enclosure may have
permanent or temporary openings to allow worker access; passage of material
into or out of the enclosure by conveyor, vehicles, or other mechanical means;
entry of permanent mechanical or electrical equipment; or direct airflow into
the enclosure. The remanufacturer or other person who stores or treats the
hazardous secondary material shall perform the verification procedure for the
enclosure as specified in section 5.0 to "Procedure T- Criteria for and
Verification of a Permanent or Temporary Total Enclosure" initially when
the enclosure is first installed and, thereafter, annually. (2) The enclosure shall
be vented through a closed-vent system to an enclosed combustion control device
that is designed and operated in accordance with the standards for either a
vapor incinerator, boiler, or process heater specified in rule 3745-51-787 of
the Administrative Code. (3) "Safety
devices," as defined in rule 3745-51-781 of the Administrative Code, may
be installed and operated as necessary on any enclosure, closed-vent system, or
control device used to comply with the requirements of paragraphs (I)(1) to
(I)(2) of this rule. (4) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
inspect and monitor the closed-vent system and control device as specified in
rule 3745-51-787 of the Administrative Code. (J) The remanufacturer or other person
who stores or treats the hazardous secondary material shall transfer hazardous
secondary material to a tank subject to this rule in accordance with the
following requirements: (1) Transfer of hazardous
secondary material, except as provided in paragraph (J)(2) of this rule, to the
tank from another tank subject to this rule shall be conducted using continuous
hard-piping or another closed system that does not allow exposure of the
hazardous secondary material to the atmosphere. For the purpose of complying
with this provision, an individual drain system is considered to be a closed
system when the individual drain system meets the requirements of 40 CFR Part
63 subpart RR- "National Emission Standards for Individual Drain
Systems." (2) The requirements of
paragraph (J)(1) of this rule do not apply when transferring a hazardous
secondary material to the tank under any of the following
conditions: (a) The hazardous secondary material meets the average VO
concentration conditions specified in paragraph (C) of rule 3745-51-782 of the
Administrative Code at the point of material origination. (b) The hazardous secondary material has been treated by an
organic destruction or removal process to meet the requirements in paragraph
(C)(2) of rule 3745-205-82 of the Administrative Code. (c) The hazardous secondary material meets the requirements of
paragraph (C)(4) of rule 3745-205-82 of the Administrative Code. (K) The remanufacturer or other person
who stores or treats the hazardous secondary material shall repair each defect
detected during an inspection performed in accordance with the requirements of
paragraph (C)(4), (E)(3), (F)(3), or (G)(3) of this rule as
follows: (1) The remanufacturer or
other person who stores or treats the hazardous secondary material shall make
first efforts at repair of the defect no later than five calendar days after
detection, and repair shall be completed as soon as possible but no later than
forty-five calendar days after detection except as provided in paragraph (K)(2)
of this rule. (2) Repair of a defect
may be delayed beyond forty-five calendar days if the remanufacturer or other
person who stores or treats the hazardous secondary material determines that
repair of the defect requires emptying or temporary removal from service of the
tank and no alternative tank capacity is available at the site to accept the
hazardous secondary material normally managed in the tank. In this case, the
remanufacturer or other person who stores or treats the hazardous secondary
material shall repair the defect the next time the process or unit that is
generating the hazardous secondary material managed in the tank stops
operation. Repair of the defect shall be completed before the process or unit
resumes operation. (L) After the initial inspection and
monitoring of the cover as required by the applicable provisions of rules
3745-51-780 to 3745-51-789 of the Administrative Code, subsequent inspection
and monitoring may be performed at intervals longer than one year under the
following special conditions: (1) In the case when
inspecting or monitoring the cover would expose a worker to dangerous,
hazardous, or other unsafe conditions, then the remanufacturer or other person
who stores or treats the hazardous secondary material may designate a cover as
an "unsafe to inspect and monitor cover" and comply with all of the
following requirements: (a) Prepare a written explanation for the cover stating the
reasons why the cover is unsafe to visually inspect or monitor, if
required. (b) Develop and implement a written plan and schedule to inspect
and monitor the cover, using the procedures specified in the applicable
provision of rules 3745-51-780 to 3745-51-789 of the Administrative Code, as
frequently as practicable during those times when a worker can safely access
the cover. (2) In the case when a
tank is buried partially or entirely underground, a remanufacturer or other
person who stores or treats the hazardous secondary material is required to
inspect and monitor, as required by the applicable provisions of this rule,
only those portions of the tank cover and those connections to the tank (e.g.,
fill ports, access hatches, gauge wells, etc.) that are located on or above the
ground surface. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 8:18 AM
|
Rule 3745-51-786 | Containers - air emission standards for tanks and containers.
(A) Applicability. This rule applies to
the control of air pollutant emissions from containers for which paragraph (B)
of rule 3745-51-782 of the Administrative Code references the use of this rule
for such air emission control. (B) General requirements. (1) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
control air pollutant emissions from each container subject to this rule in
accordance with the following requirements, as applicable to the
container. (a) For a container having a design capacity greater than
0.1 m3 and less than or equal to
0.46 m3, the remanufacturer or
other person who stores or treats the hazardous secondary material shall
control air pollutant emissions from the container in accordance with the
"Container Level 1" standards specified in paragraph (C) of this
rule. (b) For a container having a design capacity greater than
0.46 m3 that is not in light
material service, the remanufacturer or other person who stores or treats the
hazardous secondary material shall control air pollutant emissions from the
container in accordance with the "Container Level 1" standards
specified in paragraph (C) of this rule. (c) For a container having a design capacity greater than
0.46 m3 that is in light material
service, the remanufacturer or other person who stores or treats the hazardous
secondary material shall control air pollutant emissions from the container in
accordance with the "Container Level 2" standards specified in
paragraph (D) of this rule. (2) [Reserved.] (C) "Container Level 1"
standards. (1) A container using
"Container Level 1" controls is one of the following: (a) A container that meets the applicable U.S. department
of transportation (DOT) regulations on packaging hazardous materials for
transportation as specified in paragraph (F) of this rule. (b) A container equipped with a cover and closure devices
that form a continuous barrier over the container openings such that when the
cover and closure devices are secured in the closed position there are no
visible holes, gaps, or other open spaces into the interior of the container.
The cover may be a separate cover installed on the container (e.g., a lid on a
drum or a suitably secured tarp on a roll-off box) or may be an integral part
of the container structural design (e.g., a "portable tank" or bulk
cargo container equipped with a screw-type cap). (c) An open-top container in which an organic-vapor
suppressing barrier is placed on or over the hazardous secondary material in
the container such that no hazardous secondary material is exposed to the
atmosphere. One example of such a barrier is application of a suitable
organic-vapor suppressing foam. (2) A container used to
meet the requirements of paragraph (C)(1)(b) or (C)(1)(c) of this rule shall be
equipped with covers and closure devices, as applicable to the container, that
are composed of suitable materials to minimize exposure of the hazardous
secondary material to the atmosphere and to maintain the equipment integrity,
for as long as the container is in service. Factors to be considered in
selecting the materials of construction and designing the cover and closure
devices shall include organic vapor permeability; the effects of contact with
the hazardous secondary material or its vapor managed in the container; the
effects of outdoor exposure of the closure device or cover material to wind,
moisture, and sunlight; and the operating practices for which the container is
intended to be used. (3) Whenever a hazardous
secondary material is in a container using "Container Level 1"
controls, the remanufacturer or other person who stores or treats the hazardous
secondary material shall install all covers and closure devices for the
container, as applicable to the container, and secure and maintain each closure
device in the closed position except as follows: (a) Opening of a closure device or cover is allowed for the
purpose of adding hazardous secondary material or other material to the
container as follows: (i) In the case when the
container is filled to the intended final level in one continuous operation,
the remanufacturer or other person who stores or treats the hazardous secondary
material shall promptly secure the closure devices in the closed position and
install the covers, as applicable to the container, upon conclusion of the
filling operation. (ii) In the case when
discrete quantities or batches of material intermittently are added to the
container over a period of time, the remanufacturer or other person who stores
or treats the hazardous secondary material shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon either the container being filled to the intended final level;
the completion of a batch loading after which no additional material will be
added to the container within fifteen minutes; the person performing the
loading operation leaving the immediate vicinity of the container; or the
shutdown of the process generating the hazardous secondary material being added
to the container, whichever condition occurs first. (b) Opening of a closure device or cover is allowed for the
purpose of removing hazardous secondary material from the container as
follows: (i) For the purpose of
meeting the requirements of this rule, an empty hazardous secondary material
container may be open to the atmosphere at any time (i.e., covers and closure
devices on such a container are not required to be secured in the closed
position). (ii) In the case when
discrete quantities or batches of material are removed from the container, but
the container is not an empty hazardous secondary material container, the
remanufacturer or other person who stores or treats the hazardous secondary
material shall promptly secure the closure devices in the closed position and
install covers, as applicable to the container, upon the completion of a batch
removal after which no additional material will be removed from the container
within fifteen minutes or the person performing the unloading operation leaves
the immediate vicinity of the container, whichever condition occurs
first. (c) Opening of a closure device or cover is allowed when
access inside the container is needed to perform routine activities other than
transfer of hazardous secondary material. Examples of such activities include
those times when a worker needs to open a port to measure the depth of or
sample the material in the container, or when a worker needs to open a manhole
hatch to access equipment inside the container. After completion of the
activity, the remanufacturer or other person who stores or treats the hazardous
secondary material shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable to the container. (d) Opening of a spring-loaded pressure-vacuum relief
valve, conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the internal pressure of the container in accordance with the
container design specifications. The device shall be designed to operate with
no detectable organic emissions when the device is secured in the closed
position. The settings at which the device opens shall be established such that
the device remains in the closed position whenever the internal pressure of the
container is within the internal pressure operating range determined by the
remanufacturer or other persons who stores or treats the hazardous secondary
material based on container manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering codes
and practices, or other requirements for the safe handling of flammable,
ignitable, explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during those
times when the internal pressure of the container exceeds the internal pressure
operating range for the container as a result of loading operations or diurnal
ambient temperature fluctuations. (e) Opening of a "safety device," as defined in
rule 3745-51-781 of the Administrative Code, is allowed at any time conditions
require doing so to avoid an unsafe condition. (4) The remanufacturer or
other person who stores or treats the hazardous secondary material using
containers with "Container Level 1" controls shall inspect the
containers and their covers and closure devices as follows: (a) In the case when a hazardous secondary material already
is in the container at the time the remanufacturer or other person who stores
or treats the hazardous secondary material first accepts possession of the
container at the facility and the container is not emptied within twenty-four
hours after the container is accepted at the facility (i.e., is not an empty
hazardous secondary material container) the remanufacturer or other person who
stores or treats the hazardous secondary material shall visually inspect the
container and the container's cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of the
container when the cover and closure devices are secured in the closed
position. The container visual inspection shall be conducted on or before the
date that the container is accepted at the facility (i.e., the date the
container becomes subject to the container standards in rules 3745-51-780 to
3745-51-789 of the Administrative Code). (b) In the case when a container used for managing
hazardous secondary material remains at the facility for a period of one year
or more, the remanufacturer or other person who stores or treats the hazardous
secondary material shall visually inspect the container and the
container's cover and closure devices initially and thereafter, at least
once every twelve months, to check for visible cracks, holes, gaps, or other
open spaces into the interior of the container when the cover and closure
devices are secured in the closed position. If a defect is detected, the
remanufacturer or other person who stores or treats the hazardous secondary
material shall repair the defect in accordance with the requirements of
paragraph (C)(4)(c) of this rule. (c) When a defect is detected for the container, cover, or
closure devices, the remanufacturer or other person who stores or treats the
hazardous secondary material shall make first efforts at repair of the defect
no later than twenty-four hours after detection and repair shall be completed
as soon as possible but no later than five calendar days after detection. If
repair of a defect cannot be completed within five calendar days, then the
hazardous secondary material shall be removed from the container and the
container shall not be used to manage hazardous secondary material until the
defect is repaired. (5) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
maintain at the facility a copy of the procedure used to determine that
containers with capacity of 0.46 m3 or greater, which do not meet applicable U.S.
DOT regulations as specified in paragraph (F) of this rule, are not managing
hazardous secondary material in light material service. (D) "Container Level 2"
standards. (1) A container using
"Container Level 2" controls is one of the following: (a) A container that meets the applicable U.S. DOT
regulations on packaging hazardous materials for transportation as specified in
paragraph (F) of this rule. (b) A container that operates with no detectable
"organic emissions," as defined in rule 3745-51-781 of the
Administrative Code and determined in accordance with the procedure specified
in paragraph (G) of this rule. (c) A container that has been demonstrated within the
preceding twelve months to be vapor-tight by using method 27 of 40 CFR Part 60
appendix A in accordance with the procedure specified in paragraph (H) of this
rule. (2) Transfer of hazardous
secondary material in or out of a container using "Container Level 2"
controls shall be conducted in such a manner as to minimize exposure of the
hazardous secondary material to the atmosphere, to the extent practical,
considering the physical properties of the hazardous secondary material and
good engineering and safety practices for handling flammable, ignitable,
explosive, reactive, or other hazardous materials. Examples of container
loading procedures that Ohio EPA considers to meet the requirements of this
paragraph include using a submerged-fill pipe or other submerged-fill method to
load liquids into the container; or a vapor-balancing system or a
vapor-recovery system to collect and control the vapors displaced from the
container during filling operations; or a fitted opening in the top of a
container through which the hazardous secondary material is filled and
subsequently purging the transfer line before removing the transfer line from
the container opening. (3) Whenever a hazardous
secondary material is in a container using "Container Level 2"
controls, the remanufacturer or other person who stores or treats the hazardous
secondary material shall install all covers and closure devices for the
container, and secure and maintain each closure device in the closed position
except as follows: (a) Opening of a closure device or cover is allowed for the
purpose of adding hazardous secondary material or other material to the
container as follows: (i) In the case when the
container is filled to the intended final level in one continuous operation,
the remanufacture or other person who stores or treats the hazardous secondary
material shall promptly secure the closure devices in the closed position and
install the covers, as applicable to the container, upon conclusion of the
filling operation. (ii) In the case when
discrete quantities or batches of material intermittently are added to the
container over a period of time, the remanufacturer or other person who stores
or treats the hazardous secondary material shall promptly secure the closure
devices in the closed position and install covers, as applicable to the
container, upon either the container being filled to the intended final level;
the completion of a batch loading after which no additional material will be
added to the container within fifteen minutes; the person performing the
loading operation leaving the immediate vicinity of the container; or the
shutdown of the process generating the material being added to the container,
whichever condition occurs first. (b) Opening of a closure device or cover is allowed for the
purpose of removing hazardous secondary material from the container as
follows: (i) For the purpose of
meeting the requirements of this rule, an empty hazardous secondary material
container may be open to the atmosphere at any time (i.e., covers and closure
devices are not required to be secured in the closed position on an empty
container). (ii) In the case when
discrete quantities or batches of material are removed from the container, but
the container is not an empty hazardous secondary materials container, the
remanufacturer or other person who stores or treats the hazardous secondary
material shall promptly secure the closure devices in the closed position and
install covers, as applicable to the container, upon the completion of a batch
removal after which no additional material will be removed from the container
within fifteen minutes or the person performing the unloading operation leaves
the immediate vicinity of the container, whichever condition occurs
first. (c) Opening of a closure device or cover is allowed when
access inside the container is needed to perform routine activities other than
transfer of hazardous secondary material. Examples of such activities include
those times when a worker needs to open a port to measure the depth of or
sample the material in the container, or when a worker needs to open a manhole
hatch to access equipment inside the container. After completion of the
activity, the remanufacturer or other person who stores or treats the hazardous
secondary material shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable to the container. (d) Opening of a spring-loaded, pressure-vacuum relief
valve, conservation vent, or similar type of pressure relief device which vents
to the atmosphere is allowed during normal operations for the purpose of
maintaining the internal pressure of the container in accordance with the
container design specifications. The device shall be designed to operate with
no detectable organic emission when the device is secured in the closed
position. The settings at which the device opens shall be established such that
the device remains in the closed position whenever the internal pressure of the
container is within the internal pressure operating range determined by the
remanufacturer or other person who stores or treats the hazardous secondary
material based on container manufacturer recommendations, applicable
regulations, fire protection and prevention codes, standard engineering codes
and practices, or other requirements for the safe handling of flammable,
ignitable, explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during those
times when the internal pressure of the container exceeds the internal pressure
operating range for the container as a result of loading operations or diurnal
ambient temperature fluctuations. (e) Opening of a "safety device," as defined in
rule 3745-51-781 of the Administrative Code, is allowed at any time conditions
require doing so to avoid an unsafe condition. (4) The remanufacture or
other person who stores or treats the hazardous secondary material using
containers with "Container Level 2" controls shall inspect the
containers and their covers and closure devices as follows: (a) In the case when a hazardous secondary material already
is in the container at the time the remanufacturer or other person who stores
or treats the hazardous secondary material first accepts possession of the
container at the facility and the container is not emptied within twenty-four
hours after the container is accepted at the facility (i.e., is not an empty
hazardous secondary material container), the remanufacturer or other person who
stores or treats the hazardous secondary material shall visually inspect the
container and the container's cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of the
container when the cover and closure devices are secured in the closed
position. The container visual inspection shall be conducted on or before the
date that the container is accepted at the facility (i.e., the date the
container becomes subject to the container standards in rules 3745-51-780 to
3745-51-789 of the Administrative Code). (b) In the case when a container used for managing
hazardous secondary material remains at the facility for a period of one year
or more, the remanufacturer or other person who stores or treats the hazardous
secondary material shall visually inspect the container and the
container's cover and closure devices initially and thereafter, at least
once every twelve months, to check for visible cracks, holes, gaps, or other
open spaces into the interior of the container when the cover and closure
devices are secured in the closed position. If a defect is detected, the
remanufacturer or other person who stores or treats the hazardous secondary
material shall repair the defect in accordance with the requirements of
paragraph (D)(4)(c) of this rule. (c) When a defect is detected for the container, cover, or
closure devices, the remanufacturer or other person who stores or treats the
hazardous secondary material shall make first efforts at repair of the defect
no later than twenty-four hours after detection, and repair shall be completed
as soon as possible but no later than five calendar days after detection. If
repair of a defect cannot be completed within five calendar days, then the
hazardous secondary material shall be removed from the container and the
container shall not be used to manage hazardous secondary material until the
defect is repaired. (E) "Container Level 3"
standards. (1) A container using
"Container Level 3" controls is one of the following: (a) A container that is vented directly through a
closed-vent system to a control device in accordance with the requirements of
paragraph (E)(2)(b) of this rule. (b) A container that is vented inside an enclosure which is
exhausted through a closed-vent system to a control device in accordance with
the requirements of paragraphs (E)(2)(a) and (E)(2)(b) of this
rule. (2) The remanufacturer or
other person who stores or treats the hazardous secondary material shall meet
the following requirements, as applicable to the type of air emission control
equipment selected by the remanufacturer or other person who stores or treats
the hazardous secondary material: (a) The container enclosure shall be designed and operated
in accordance with the criteria for 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. The enclosure may have
permanent or temporary openings to allow worker access; passage of containers
through the enclosure by conveyor or other mechanical means; entry of permanent
mechanical or electrical equipment; or direct airflow into the enclosure. The
remanufacturer or other person who stores or treats the hazardous secondary
material shall perform the verification procedure for the enclosure as
specified in section 5.0 to "Procedure T- Criteria for and Verification of
a Permanent or Temporary Total Enclosure" initially when the enclosure is
first installed and, thereafter, annually. (b) The closed-vent system and control device shall be
designed and operated in accordance with the requirements of rule 3745-51-787
of the Administrative Code. (3) "Safety
devices," as defined in rule 3745-51-781 of the Administrative Code, may
be installed and operated as necessary on any container, enclosure, closed-vent
system, or control device used to comply with the requirements of paragraph
(E)(1) of this rule. (4) Remanufacturers or
other persons who store or treat the hazardous secondary material using
"Container Level 3" controls in accordance with rules 3745-51-780 to
3745-51-789 of the Administrative Code shall inspect and monitor the
closed-vent systems and control devices as specified in rule 3745-51-787 of the
Administrative Code. (5) Remanufacturers or
other persons who store or treat the hazardous secondary material that use
"Container Level 3" controls in accordance with rules 3745-51-780 to
3745-51-789 of the Administrative Code shall prepare and maintain the records
specified in paragraph (D) of rule 3745-51-789 of the Administrative
Code. (6) Transfer of hazardous
secondary material in or out of a container using "Container Level 3"
controls shall be conducted in such a manner as to minimize exposure of the
hazardous secondary material to the atmosphere, to the extent practical,
considering the physical properties of the hazardous secondary material and
good engineering and safety practices for handling flammable, ignitable,
explosive, reactive, or other hazardous materials. Examples of container
loading procedures that Ohio EPA considers to meet the requirements of this
paragraph include using a submerged-fill pipe or other submerged-fill method to
load liquids into the container; or a vapor-balancing system or a
vapor-recovery system to collect and control the vapors displaced from the
container during filling operations; or a fitted opening in the top of a
container through which the hazardous secondary material is filled and
subsequently purging the transfer line before removing the transfer line from
the container opening. (F) For the purpose of compliance with
paragraph (C)(1)(a) or (D)(1)(a) of this rule, containers shall be used that
meet the applicable U.S. DOT regulations on packaging hazardous materials for
transportation as follows: (1) The container meets
the applicable requirements specified in 49 CFR Part 178 or 49 Part
179. (2) Hazardous secondary
material is managed in the container in accordance with the applicable
requirements specified in 49 CFR Part 107 subpart B and 49 CFR Part 172, Part
173, and Part 180. (3) For the purpose of
complying with rules 3745-51-780 to 3745-51-789 of the Administrative Code, no
exceptions to the 49 CFR Part 178 or 49 CFR Part 179 regulations are
allowed. (G) To determine compliance with the no
detectable organic emissions requirement of paragraph (D)(1)(b) of this rule,
the procedure specified in paragraph (D) of rule 3745-51-783 of the
Administrative Code shall be used. (1) Each potential leak
interface (i.e., a location where organic vapor leakage could occur) on the
container, the container's cover, and associated closure devices, as
applicable to the container, shall be checked. Potential leak interfaces that
are associated with containers include, but are not limited to, the interface
of the cover rim and the container wall; the periphery of any opening on the
container or container cover and the cover's associated closure device;
and the sealing seat interface on a spring-loaded pressure-relief
valve. (2) The test shall be
performed when the container is filled with a material having a volatile
organic concentration representative of the range of volatile organic
concentrations for the hazardous secondary materials expected to be managed in
this type of container. During the test, the container cover and closure
devices shall be secured in the closed position. (H) Procedure for determining a container
to be vapor-tight using method 27 of 40 CFR Part 60 appendix A for the purpose
of complying with paragraph (D)(1)(c) of this rule. (1) The test shall be
performed in accordance with method 27 of 40 CFR Part 60 appendix
A. (2) A pressure
measurement device shall be used that has a precision of plus or minus 2.5
millimeters (mm) water and that is capable of measuring above the pressure at
which the container is to be tested for vapor tightness. (3) If the test results
determined by method 27 indicate that the container sustains a pressure change
less than or equal to seven hundred fifty Pascals within five minutes after the
container is pressurized to a minimum of four thousand five hundred Pascals,
then the container is determined to be vapor-tight. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated June 12, 2023 at 9:06 AM
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Rule 3745-51-787 | Closed-vent systems and control devices - tanks and containers.
(A) This rule applies to each closed-vent
system and control device installed and operated by the remanufacturer or other
person who stores or treats the hazardous secondary material to control air
emissions in accordance with standards of rules 3745-51-780 to 3745-51-789 of
the Administrative Code. (B) The closed-vent system shall meet the following
requirements: (1) The closed-vent system shall route the gases, vapors,
and fumes emitted from the hazardous secondary material in the hazardous
secondary material management unit to a control device that meets the
requirements specified in paragraph (C) of this rule. (2) The closed-vent system shall be designed and operated
in accordance with the requirements specified in paragraph (K) of rule
3745-51-733 of the Administrative Code. (3) In the case when the closed-vent system includes bypass
devices that could be used to divert the gas or vapor stream to the atmosphere
before entering the control device, each bypass device shall be equipped with
either a flow indicator as specified in paragraph (B)(3)(a) of this rule or a
seal or locking device as specified in paragraph (B)(3)(b) of this rule. For
the purpose of complying with this paragraph, low leg drains, high point
bleeds, analyzer vents, open-ended valves or lines, spring loaded pressure
relief valves, and other fittings used for safety purposes are not considered
to be bypass devices. (a) If a flow indicator
is used to comply with paragraph (B)(3) of this rule, the indicator shall be
installed at the inlet to the bypass line used to divert gases and vapors from
the closed-vent system to the atmosphere at a point upstream of the control
device inlet. For this paragraph, a flow indicator means a device which
indicates the presence of either gas or vapor flow in the bypass
line. (b) If a seal or locking
device is used to comply with paragraph (B)(3) of this rule, the device shall
be placed on the mechanism by which the bypass device position is controlled
(e.g., valve handle, damper lever) when the bypass device is in the closed
position such that the bypass device cannot be opened without breaking the seal
or removing the lock. Examples of such devices include, but are not limited to,
a car-seal or a lock-and-key configuration valve. The remanufacturer or other
person who stores or treats the hazardous secondary material shall visually
inspect the seal or closure mechanism at least once every month to verify that
the bypass mechanism is maintained in the closed position. (4) The closed-vent system shall be inspected and monitored
by the remanufacturer or other person who stores or treats the hazardous
secondary material in accordance with the procedure specified in paragraph (L)
of rule 3745-51-733 of the Administrative Code. (C) The control device shall meet the following
requirements: (1) The control device shall be one of the following
devices: (a) A control device
designed and operated to reduce the total organic content of the inlet vapor
stream vented to the control device by at least ninety-five per cent by
weight; (b) An enclosed
combustion device designed and operated in accordance with the requirements of
paragraph (C) of rule 3745-51-733 of the Administrative Code; or (c) A flare designed and
operated in accordance with the requirements of paragraph (D) of rule
3745-51-733 of the Administrative Code. (2) The remanufacturer or other person who stores or treats
the hazardous secondary material who elects to use a closed-vent system and
control device to comply with the requirements of this rule shall comply with
the requirements specified in paragraphs (C)(2)(a) to (C)(2)(f) of this
rule. (a) Periods of planned
routine maintenance of the control device, during which the control device does
not meet the specifications of paragraph (C)(1)(a), (C)(1)(b), or (C)(1)(c) of
this rule, as applicable, shall not exceed two hundred forty hours per
year. (b) The specifications
and requirements in paragraphs (C)(1)(a) to (C)(1)(c) of this rule for control
devices do not apply during periods of planned routine
maintenance. (c) The specifications
and requirements in paragraphs (C)(1)(a) to (C)(1)(c) of this rule for control
devices do not apply during a control device system malfunction. (d) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
demonstrate compliance with the requirements of paragraph (C)(2)(a) of this
rule (i.e., planned routine maintenance of a control device, during which the
control device does not meet the specifications of paragraph (C)(1)(a),
(C)(1)(b), or (C)(1)(c) of this rule, as applicable, shall not exceed two
hundred forty hours per year) by recording the information specified in
paragraph (E)(1)(e) of rule 3745-51-789 of the Administrative
Code. (e) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
correct control device system malfunctions as soon as practicable after their
occurrence in order to minimize excess emissions of air
pollutants. (f) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
operate the closed-vent system such that gases, vapors, or fumes are not
actively vented to the control device during periods of planned maintenance or
control device system malfunction (i.e., periods when the control device is not
operating or not operating normally) except in cases when it is necessary to
vent the gases, vapors, or fumes to avoid an unsafe condition or to implement
malfunction corrective actions or planned maintenance actions. (3) The remanufacturer or other person who stores or treats
the hazardous secondary material using a carbon adsorption system to comply
with paragraph (C)(1) of this rule shall operate and maintain the control
device in accordance with the following requirements: (a) After the initial
startup of the control device, all activated carbon in the control device shall
be replaced with fresh carbon on a regular basis in accordance with the
requirements of paragraph (G) or (H) of rule 3745-51-733 of the Administrative
Code. (b) All carbon that is
hazardous waste and that is removed from the control device shall be managed in
accordance with the requirements of paragraph (N) of rule 3745-51-733 of the
Administrative Code, regardless of the average volatile organic concentration
of the carbon. (4) A remanufacturer or other person who stores or treats
the hazardous secondary material using a control device other than a thermal
vapor incinerator, flare, boiler, process heater, condenser, or carbon
adsorption system to comply with paragraph (C)(1) of this rule shall operate
and maintain the control device in accordance with the requirements of
paragraph (J) of rule 3745-51-733 of the Administrative Code. (5) The remanufacturer or other person who stores or treats
the hazardous secondary material shall demonstrate that a control device
achieves the performance requirements of paragraph (C)(1) of this rule as
follows: (a) A remanufacturer or
other person who stores or treats the hazardous secondary material shall
demonstrate using either a performance test as specified in paragraph (C)(5)(c)
of this rule or a design analysis as specified in paragraph (C)(5)(d) of this
rule the performance of each control device except for the
following: (i) A flare; (ii) A boiler or process heater with a design heat input
capacity of forty-four megawatts or greater; (iii) A boiler or process heater into which the vent stream
is introduced with the primary fuel; (b) A remanufacturer or
other person who stores or treats the hazardous secondary material shall
demonstrate the performance of each flare in accordance with the requirements
specified in paragraph (E) of rule 3745-51-733 of the Administrative
Code. (c) For a performance
test conducted to meet the requirements of paragraph (C)(5)(a) of this rule,
the remanufacturer or other person who stores or treats the hazardous secondary
material shall use the test methods and procedures specified in paragraphs
(C)(1) to (C)(4) of rule 3745-51-734 of the Administrative Code. (d) For a design analysis
conducted to meet the requirements of paragraph (C)(5)(a) of this rule, the
design analysis shall meet the requirements specified in paragraph (B)(4)(c) of
rule 3745-51-753 of the Administrative Code. (e) The remanufacturer or
other person who stores or treats the hazardous secondary material shall
demonstrate that a carbon adsorption system achieves the performance
requirements of paragraph (C)(1) of this rule based on the total quantity of
organics vented to the atmosphere from all carbon adsorption system equipment
that is used for organic adsorption, organic desorption or carbon regeneration,
organic recovery, and carbon disposal. (6) If the remanufacturer or other person who stores or
treats the hazardous secondary material and the director do not agree on a
demonstration of control device performance using a design analysis then the
disagreement shall be resolved using the results of a performance test
performed by the remanufacturer or other person who stores or treats the
hazardous secondary material in accordance with the requirements of paragraph
(C)(5)(c) of this rule. The director may choose to have an authorized
representative observe the performance test. (7) The closed-vent system and control device shall be
inspected and monitored by the remanufacture or other person who stores or
treats the hazardous secondary material in accordance with the procedures
specified in paragraphs (F)(2) and (L) of rule 3745-51-733 of the
Administrative Code. The readings from each monitoring device required by
paragraph (F)(2) of rule 3745-51-733 of the Administrative Code shall be
inspected at least once each operating day to check control device operation.
Any necessary corrective measures shall be immediately implemented to ensure
the control device is operated in compliance with the requirements of this
rule.
Last updated June 12, 2023 at 9:06 AM
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Rule 3745-51-788 | Inspection and monitoring requirements - tanks and containers.
(A) The remanufacturer or other person
who stores or treats the hazardous secondary material shall inspect and monitor
air emission control equipment used to comply with rules 3745-51-780 to
3745-51-789 of the Administrative Code in accordance with the applicable
requirements specified in rules 3745-51-784 to 3745-51-787 of the
Administrative Code. (B) The remanufacture or other person who stores or treats
the hazardous secondary material shall develop and implement a written plan and
schedule to perform the inspections and monitoring required by paragraph (A) of
this rule. The remanufacturer or other person who stores or treats the
hazardous secondary material shall keep the plan and schedule at the
facility.
Last updated June 12, 2023 at 9:06 AM
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Rule 3745-51-789 | Recordkeeping requirements - tanks and containers.
(A) Each remanufacturer or other person
who stores or treats the hazardous secondary material subject to requirements
of rules 3745-51-780 to 3745-51-789 of the Administrative Code shall record and
maintain the information specified in paragraphs (B) to (J) of this rule, as
applicable to the facility. Except for air emission control equipment design
documentation and information required by paragraphs (I) and (J) of this rule,
records required by this shall be maintained at the facility for a minimum of
three years. Air emission control equipment design documentation shall be
maintained at the facility until the air emission control equipment is replaced
or otherwise no longer in service. Information required by paragraphs (I) and
(J) of this rule shall be maintained at the facility for as long as the
hazardous secondary material management unit is not using air emission controls
specified in rules 3745-51-784 to 3745-51-787 of the Administrative Code in
accordance with the conditions specified in rule 3745-51-780 of the
Administrative Code. (B) The remanufacturer or other person
who stores or treats the hazardous secondary material using a tank with air
emission controls in accordance with the requirements of rule 3745-51-784 of
the Administrative Code shall prepare and maintain records for the tank that
include the following information: (1) For each tank using
air emission controls in accordance with the requirements of rule 3745-51-784
of the Administrative Code, the remanufacturer or other person who stores or
treats the hazardous secondary material shall record: (a) A tank identification number (or other unique identification
description as selected by the remanufacturer or other person who stores or
treats the hazardous secondary material). (b) A record for each inspection required by rule 3745-51-784 of
the Administrative Code that includes the following information: (i) Date inspection was
conducted. (ii) For each defect
detected during the inspection, the location of the defect, a description of
the defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance with
the requirements of rule 3745-51-784 of the Administrative Code, the
remanufacturer or other person who stores or treats the hazardous secondary
material shall also record the reason for the delay and the date that
completion of repair of the defect is expected. (2) In addition to the
information required by paragraph (B)(1) of this rule, the remanufacturer or
other person who stores or treats the hazardous secondary material shall record
the following information, as applicable to the tank: (a) The remanufacturer or other person who stores or treats the
hazardous secondary material using a fixed roof to comply with the "Tank
Level 1" control requirements specified in paragraph (C) of rule
3745-51-784 of the Administrative Code shall prepare and maintain records for
each determination for the maximum organic vapor pressure of the hazardous
secondary material in the tank performed in accordance with the requirements of
paragraph (C) of rule 3745-51-784 of the Administrative Code. The records shall
include the date and time the samples were collected, the analysis method used,
and the analysis results. (b) The remanufacturer or other person who stores or treats the
hazardous secondary material using an internal floating roof to comply with the
"Tank Level 2" control requirements specified in paragraph (E) of
rule 3745-51-784 of the Administrative Code shall prepare and maintain
documentation describing the floating roof design. (c) Remanufacturer or other persons who store or treat the
hazardous secondary material using an external floating roof to comply with the
"Tank Level 2" control requirements specified in paragraph (F) of
rule 3745-51-784 of the Administrative Code shall prepare and maintain the
following records: (i) Documentation
describing the floating roof design and the dimensions of the
tank. (ii) Records for each
seal gap inspection required by paragraph (F)(3) of rule 3745-51-784 of the
Administrative Code describing the results of the seal gap measurements. The
records shall include the date that the measurements were performed, the raw
data obtained for the measurements, and the calculations of the total gap
surface area. In the event that the seal gap measurements do not conform to the
specifications in paragraph (F)(1) of rule 3745-51-784 of the Administrative
Code, the records shall include a description of the repairs that were made,
the date the repairs were made, and the date the tank was emptied, if
necessary. (d) Each remanufacturer or other person who stores or treats the
hazardous secondary material using an enclosure to comply with the "Tank
Level 2" control requirements specified in paragraph (I) of rule
3745-51-784 of the Administrative Code shall prepare and maintain the following
records: (i) Records for the most
recent set of calculations and measurements performed by the remanufacturer or
other person stores or treats the hazardous secondary material 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. (ii) Records required for
the closed-vent system and control device in accordance with the requirements
of paragraph (E) of this rule. (C) [Reserved.] (D) The remanufacturer or other person
who stores or treats the hazardous secondary material using containers with
"Container Level 3" air emission controls in accordance with the
requirements of rule 3745-51-786 of the Administrative Code shall prepare and
maintain records that include the following information: (1) Records for the most
recent set of calculations and measurements performed by the remanufacturer or
other person who stores or treats the hazardous secondary material 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. (2) Records required for
the closed-vent system and control device in accordance with the requirements
of paragraph (E) of this rule. (E) The remanufacturer or other person
who stores or treats the hazardous secondary material using a closed-vent
system and control device in accordance with the requirements of rule
3745-51-787 of the Administrative Code shall prepare and maintain records that
include the following information: (1) Documentation for the
closed-vent system and control device that includes: (a) Certification that is signed and dated by the remanufacturer
or other person who stores or treats the hazardous secondary material stating
that the control device is designed to operate at the performance level
documented by a design analysis as specified in paragraph (E)(1)(b) of this
rule or by performance tests as specified in paragraph (E)(1)(c) of this rule
when the tank or container is or would be operating at capacity or the highest
level reasonably expected to occur. (b) If a design analysis is used, then design documentation as
specified in paragraph (B)(4) of rule 3745-51-735 of the Administrative Code.
The documentation shall include information prepared by the remanufacturer or
other person who stores or treats the hazardous secondary material or provided
by the control device manufacturer or vendor that describes the control device
design in accordance with paragraph (B)(4)(c) of rule 3745-51-735 of the
Administrative Code and certification by the remanufacturer or other person who
stores or treats the hazardous secondary material that the control equipment
meets the applicable specifications. (c) If performance tests are used, then a performance test plan
as specified in paragraph (B)(3) of rule 3745-51-735 of the Administrative Code
and all test results. (d) Information as required by paragraphs (C)(1) to (C)(2) of
rule 3745-51-735 of the Administrative Code, as applicable. (e) A remanufacturer or other person who stores or treats the
hazardous secondary material shall record, on a semiannual basis, the
information specified in paragraphs (E)(1)(e)(i) and (E)(1)(e)(ii) of this rule
for those planned routine maintenance operations that would require the control
device not to meet the requirements of paragraph (C)(1)(a), (C)(1)(b), or
(C)(1)(c) of rule 3745-51-787 of the Administrative Code, as
applicable. (i) A description of the
planned routine maintenance that is anticipated to be performed for the control
device during the next six-month period. This description shall include the
type of maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods. (ii) A description of the
planned routine maintenance that was performed for the control device during
the previous six-month period. This description shall include the type of
maintenance performed and the total number of hours during those six months
that the control device did not meet the requirements of paragraph (C)(1)(a),
(C)(1)(b), or (C)(1)(c) of rule 3745-51-787 of the Administrative Code as
applicable, due to planned routine maintenance. (f) A remanufacturer or other person who stores or treats the
hazardous secondary material shall record the information specified in
paragraphs (E)(1)(f)(i) to (E)(1)(f)(iii) of this rule for those unexpected
control device system malfunctions that would require the control device not to
meet the requirements of paragraph (C)(1)(a), (C)(1)(b), or (C)(1)(c) of rule
3745-51-787 of the Administrative Code, as applicable. (i) The occurrence and
duration of each malfunction of the control device system. (ii) The duration of each
period during a malfunction when gases, vapors, or fumes are vented from the
hazardous secondary material management unit through the closed-vent system to
the control device while the control device is not properly
functioning. (iii) Actions taken
during periods of malfunction to restore a malfunctioning control device to
control device's normal or usual manner of operation. (g) Records of the management of carbon removed from a carbon
adsorption system conducted in accordance with paragraph (C)(3)(b) of rule
3745-51-787 of the Administrative Code. (F) The remanufacturer or other person who stores or treats
the hazardous secondary material using a tank or container exempted under the
hazardous secondary material organic concentration conditions specified in
paragraph (C) of rule 3745-51-782 of the Administrative Code, shall prepare and
maintain at the facility records documenting the information used for each
material determination (e.g., test results, measurements, calculations, and
other documentation). If analysis results for material samples are used for the
material determination, then the remanufacturer or other person who stores or
treats the hazardous secondary material shall record the date, time, and
location that each material sample is collected in accordance with applicable
requirements of rule 3745-51-783 of the Administrative Code. (G) A remanufacturer or other person who
stores or treats the hazardous secondary material designating a cover as
"unsafe to inspect and monitor" pursuant to paragraph (L) of rule
3745-51-784 of the Administrative Code shall record and keep at facility the
identification numbers for hazardous secondary material management units with
covers that are designated as "unsafe to inspect and monitor," the
explanation for each cover stating why the cover is unsafe to inspect and
monitor, and the plan and schedule for inspecting and monitoring each
cover. (H) The remanufacturer or other person
who stores or treats the hazardous secondary material that is subject to rules
3745-51-780 to 3745-51-789 of the Administrative Code and to the control device
standards in 40 CFR Part 60 subpart VV, or 40 CFR Part 61 subpart V, may elect
to demonstrate compliance with the applicable provisions of rules 3745-51-780
to 3745-51-789 of the Administrative Code by documentation either pursuant to
rules 3745-51-780 to 3745-51-789 of the Administrative Code, or pursuant to 40
CFR Part 60 subpart VV or 40 CFR Part 61 subpart V, to the extent that the
documentation required by 40 CFR Part 60 or 40 CFR Part 61 duplicates the
documentation required by this rule. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 8:18 AM
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