This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3745-52-01 | Definitions - generator standards.
Effective:
October 5, 2020
As used in Chapter 3745-52 of the Administrative
Code: (A) "Condition for exemption"
means any requirement in rules 3745-52-14 to 3745-52-17, 3745-52-70,
3745-52-200 to 3745-52-216, or 3745-52-230 to 3745-52-233 of the Administrative
Code that states an event, action, or standard that shall occur or be met in
order to obtain an exemption from any applicable requirement in Chapters
3745-50, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266,
and 3745-270 of the Administrative Code and the requirement to notify Ohio EPA
or U.S. EPA of regulated waste activity. (B) "Independent requirement"
means a requirement of Chapter 3745-52 of the Administrative Code that states
an event, action, or standard that shall occur or be met; and that applies
without relation to, or irrespective of, the purpose of obtaining a conditional
exemption for storage facility permit, interim standards, and operating
requirements under rules 3745-52-14 to 3745-52-17, 3745-52-200 to 3745-52-216,
or 3745-52-230 to 3745-52-233 of the Administrative Code.
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Rule 3745-52-10 | Applicability- generator standards.
Effective:
October 5, 2020
(A) Chapter 3745-52 of the Administrative
Code establishes standards for generators of "hazardous waste," as
defined in rule 3745-50-10 of the Administrative Code, as follows: (1) A person who
generates a hazardous waste is subject to all of the following: (a) Independent requirements of a very small quantity
generator: (i) Paragraphs (A) to (D)
of rule 3745-52-11 of the Administrative Code, hazardous waste determination
and recordkeeping. (ii) Rule 3745-52-13 of
the Administrative Code, generator category determinations. (b) Independent requirements of a small quantity
generator: (i) Rule 3745-52-11 of
the Administrative Code, hazardous waste determination and
recordkeeping. (ii) Rule 3745-52-13 of
the Administrative Code, generator category determinations. (iii) Rule 3745-52-18 of
the Administrative Code, U.S. EPA identification numbers and re-notification
for small quantity generators and large quantity generators. (iv) Rules 3745-52-20 to
3745-52-27 of the Administrative Code, manifest requirements for small quantity
generators and large quantity generators. (v) Rules 3745-52-30 to
3745-52-35 of the Administrative Code, pre-transport requirements for small
quantity generators and large quantity generators. (vi) Rule 3745-52-40 of
the Administrative Code, recordkeeping - generator standards. (vii) Rule 3745-52-44 of
the Administrative Code, recordkeeping for small quantity
generators. (viii) Rule 3745-52-80 of
the Administrative Code and 40 C.F.R. Part 262 subpart H, transboundary
movements of hazardous waste for recovery or disposal. [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.] (c) Independent requirements of a large quantity
generator: (i) Rule 3745-52-11 of
the Administrative Code, hazardous waste determination and
recordkeeping. (ii) Rule 3745-52-13 of
the Administrative Code, generator category determinations. (iii) Rule 3745-52-18 of
the Administrative Code, U.S. EPA identification numbers and re-notification
for small quantity generators and large quantity generators. (iv) Rules 3745-52-20 to
3745-52-27 of the Administrative Code, manifest requirements for small quantity
generators and large quantity generators. (v) Rules 3745-52-30 to
3745-52-35 of the Administrative Code, pre-transport requirements for small
quantity generators and large quantity generators. (vi) Rules 3745-52-40 to
3745-52-43 of the Administrative Code, recordkeeping and reporting applicable
to small quantityg generators and large quantity generators. (vii) Rule 3745-52-80 of
the Administrative Code and 40 C.F.R. Part 262 subpart H, transboundary
movements of hazardous waste for recovery or disposal. (2) A generator who
accumulates hazardous waste on-site is a person who stores or treats hazardous
waste. Such generator is subject to the applicable requirements of Chapters
3745-50, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and
3745-266 of the Administrative Code and the requirement to notify Ohio EPA or
U.S. EPA of regulated waste activity, unless the generator is one of the
following: (a) A very small quantity generator who only accumulates
hazardous waste by storing and meets the conditions for exemption in rule
3745-52-14 of the Administrative Code. [Comment: A very small quantity generator of
hazardous may only treat or dispose of hazardous waste pursuant to the
requirements in paragraphs (A)(5)(a) and (A)(5)(b) of rule 3745-52-14 of the
Administrative Code.] (b) A small quantity generator who meets the conditions for
exemption in rules 3745-52-15 and 3745-52-16 of the Administrative
Code. (c) A large quantity generator who meets the conditions for
exemption in rules 3745-52-15 and 3745-52-17 of the Administrative
Code. (3) A generator shall not
transport, offer the generator's hazardous waste for transport, or
otherwise cause the generator's waste to be sent to a facility that is not
a designated facility or not otherwise authorized to receive the
generator's hazardous waste. (B) Determining generator category. A
generator shall use rule 3745-52-13 of the Administrative Code to determine
which provisions of Chapter 3745-52 of the Administrative Code are applicable
to the generator based on the quantity of hazardous waste generated per
calendar month. (C) [Reserved.] (D) Any person who exports or imports
hazardous wastes shall comply with rule 3745-52-18 of the Administrative Code
and 40 C.F.R. 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 United States is solely regulated by the federal government.] (E) Any person who imports hazardous wastes from a foreign
country into the state of Ohio shall comply with the standards applicable to
generators in Chapter 3745-52 of the Administrative Code. (F) A farmer who generates waste pesticides which are
hazardous wastes and who complies with rule 3745-52-70 of the Administrative
Code is not required to comply with other standards in Chapter 3745-52 or
Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, or
3745-270, or rules 3745-50-40 to 3745-50-235 of the Administrative Code with
respect to such pesticides. (G) Noncompliance with generator
requirements. (1) A generator's
violation of an independent requirement is subject to penalty and injunctive
relief pursuant to the hazardous waste rules and Chapters 3734. and 3745. of
the Revised Code. (2) A generator's
noncompliance with a condition for exemption in Chapter 3745-52 of the
Administrative Code is not subject to penalty or injunctive relief pursuant to
the hazardous waste rules and Chapters 3734. and 3745. of the Revised Code as a
violation of a condition for exemption in Chapter 3745-52 of the Administrative
Code. Noncompliance by any generator with an applicable condition for exemption
from storage or treatment permit and operation requirements means that the
facility is a storage or treatment facility, which has been established and is
operating without an exemption from the Ohio hazardous waste permitting and
operations requirements in Chapter 3734. of the Revised Code, Chapters 3745-50,
3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the
Administrative Code and the requirement to notify Ohio EPA or U.S. EPA of
regulated waste activity. Without an exemption, any violations of such storage
or treatment activities are subject to penalty and injunctive relief pursuant
to the hazardous waste rules and Chapters 3734. and 3745. of the Revised
Code. (H) An owner or operator who initiates a shipment of
hazardous waste from a treatment, storage, or disposal facility shall comply
with the generator standards in Chapter 3745-52 of the Administrative
Code. (I) Persons responding to an explosives
or munitions emergency in accordance with paragraph (G)(8)(a)(iv) or (G)(8)(d)
of rule 3745-54-01 or paragraph (C)(11)(a)(iv) or (C)(11)(d) of rule 3745-65-01
of the Administrative Code and paragraph (D)(1)(d) or (D)(3) of rule 3745-50-45
of the Administrative Code are not required to comply with the generator
standards in Chapter 3745-52 of the Administrative Code. (J) [Reserved.] (K) [Reserved.] (L) The laboratories owned by an eligible
academic entity that chooses to be subject to rules 3745-52-200 to 3745-52-216
of the Administrative Code are not subject to (for purposes of this paragraph,
the terms "laboratory" and "eligible academic entity" have
the meaning defined in rule 3745-52-200 of the Administrative Code) either of
the following: (1) The independent
requirements of rule 3745-52-11 or rule 3745-52-15 of the Administrative Code
for large quantity generators and small quantity generators, except as provided
in rules 3745-52-200 to 3745-52-216 of the Administrative Code. (2) The conditions of
rule 3745-52-14 of the Administrative Code, for very small quantity generators,
except as provided in rules 3745-52-200 to 3745-52-216 of the Administrative
Code. (M) All "reverse distributors,"
as defined in rule 3745-266-500 of the Administrative Code, are subject to
rules 3745-266-500 to 3745-266-510 of the Administrative Code for the
management of hazardous waste pharmaceuticals in lieu of Chapter 3745-52 of the
Administrative Code. (N) Each "healthcare facility,"
as defined in rule 3745-266-500 of the Administrative Code, shall determine
whether the healthcare facility is subject to rules 3745-266-500 to
3745-266-510 of the Administrative Code for the management of hazardous waste
pharmaceuticals, based on the total hazardous waste the healthcare facility
generates per calendar month (including both hazardous waste pharmaceuticals
and non-pharmaceutical hazardous waste). A healthcare facility that generates
more than one hundred kilograms (two hundred twenty pounds) of hazardous waste
per calendar month, or more than one kilogram (2.2 pounds) of acute hazardous
waste per calendar month, or more than one hundred kilograms (two hundred
twenty pounds) per calendar month of any residue or contaminated soil, water,
or other debris, resulting from the clean-up of a spill, into or on any land or
water, of any acute hazardous wastes listed in rule 3745-51-31 of the
Administrative Code or paragraph (E) of rule 3745-51-33 of the Administrative
Code, is subject to rules 3745-266-500 to 3745-266-510 of the Administrative
Code for the management of hazardous waste pharmaceuticals in lieu of Chapter
3745-52 of the Administrative Code. A healthcare facility that is a very small
quantity generator when counting all of the healthcare facility's
hazardous waste, including both hazardous waste pharmaceuticals and
non-pharmaceutical hazardous waste, remains subject to rule 3745-52-14 of the
Administrative Code and is not subject to rules 3745-266-500 to 3745-266-510 of
the Administrative Code, except for rules 3745-266-505 and 3745-266-507 of the
Administrative Code and the optional provisions of rule 3745-266-504 of the
Administrative Code. [Comment 1: A generator who treats, stores, or
disposes of hazardous waste on-site shall comply with the applicable standards
and permit requirements in rules 3745-50-40 to 3745-50-235 and Chapters 3745-54
to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of
the Administrative Code] [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 3745-52-11 | Hazardous waste determination and recordkeeping.
Effective:
October 23, 2022
A person who generates a "waste" (as
defined in rule 3745-51-02 of the Administrative Code) shall make an accurate
determination as to whether that waste is a hazardous waste in order to ensure
wastes are properly managed according to all applicable hazardous waste rules.
A hazardous waste determination is made using the following steps: (A) The hazardous waste determination for
each waste shall be made at the point of waste generation, before any dilution,
mixing, or other alteration of the waste occurs, and at any time in the course
of the management of the waste that the waste has, or may have, changed the
waste's properties as a result of exposure to the environment or other
factors that may change the properties of the waste such that the waste
classification of the waste may change. (B) A person shall determine whether the
waste is excluded from regulation under rule 3745-51-04 of the Administrative
Code. (C) If the waste is not excluded under
rule 3745-51-04 of the Administrative Code, the person shall then use knowledge
of the waste to determine whether the waste meets any of the listing
descriptions under rules 3745-51-30 to 3745-51-35 of the Administrative Code.
Acceptable knowledge that may be used in making an accurate determination as to
whether the waste is listed may include waste origin, composition, the process
producing the waste, feedstock, and other reliable and relevant information. If
the waste is listed, the person may file a delisting petition under 40 CFR
260.20 and 40 CFR 260.22 to demonstrate to the administrator that the waste
from this particular site or operation is not a hazardous waste. (D) The person then shall determine
whether the waste exhibits one or more hazardous characteristics as identified
in rules 3745-51-20 to 3745-51-24 of the Administrative Code by following the
procedures in paragraph (D)(1) or (D)(2) of this rule, or a combination of
both. (1) The person shall
apply knowledge of the hazard characteristic of the waste in light of the
materials or the processes used to generate the waste. Acceptable knowledge may
include process knowledge (e.g., information about chemical feedstocks and
other inputs to the production process); knowledge of products, by-products,
and intermediates produced by the manufacturing process; chemical or physical
characterization of wastes; information on the chemical and physical properties
of the chemicals used or produced by the process or otherwise contained in the
waste; testing that illustrates the properties of the waste; or other reliable
and relevant information about the properties of the waste or the waste's
constituents. A test other than a test method provided in rules 3745-51-20 to
3745-51-24 of the Administrative Code, or an equivalent test method approved by
the administrator under 40 CFR 260.21, may be used as part of a person's
knowledge to determine whether a waste exhibits a characteristic of hazardous
waste. However, such tests do not, by themselves, provide definitive results.
Persons testing the waste shall obtain a "representative sample" (as
defined in rule 3745-50-10 of the Administrative Code) of the waste for the
testing. (2) When available
knowledge is inadequate to make an accurate determination, the person shall
test the waste according to the applicable methods provided in rules 3745-51-20
to 3745-51-24 of the Administrative Code or according to an equivalent method
approved by the administrator under 40 CFR 260.21 and in accordance with the
following: (a) Persons testing the waste shall obtain a representative
sample of the waste for the testing. (b) Where a test method is specified in rules 3745-51-20 to
3745-51-24 of the Administrative Code, the results of the regulatory test, when
properly performed, are definitive for determining the regulatory status of the
waste. (E) If the waste is determined to be
hazardous, the generator shall refer to Chapters 3745-51, 3745-54 to 3745-57,
3745-65 to 374-69, 3745-205, 3745-256, 3745-266, 3745-270, and 3745-273 of the
Administrative Code for other possible exclusions or restrictions pertaining to
management of the specific waste. (F) Recordkeeping for small quantity
generators and large quantity generators. A small quantity generator or large
quantity generator shall maintain records that support the hazardous waste
determinations, including records that identify whether a waste is a
"hazardous waste" (as defined in rule 3745-51-03 of the
Administrative Code). Records shall be maintained for at least three years
after the date that the waste was last sent to on-site or off-site treatment,
storage, or disposal. These records shall comprise the generator's
knowledge of the waste and shall support the generator's determination, as
described in paragraphs (C) and (D) of this rule. The records shall include,
but are not limited to, the results of any tests, sampling, waste analyses, or
other determinations made in accordance with this rule; records documenting the
tests, sampling, and analytical methods used to demonstrate the validity and
relevance of such tests; records consulted in order to determine the process by
which the waste was generated, the composition of the waste, and the properties
of the waste; and records which explain the knowledge basis for the
generator's determination, as described in paragraph (D)(1) of this rule.
The periods of record retention provided in this rule are extended
automatically during the course of any unresolved enforcement action regarding
the regulated activity or as requested by the director. (G) Identifying hazardous waste numbers
for small quantity generators and large quantity generators. If the waste is
determined to be hazardous, small quantity generators and large quantity
generators shall identify all applicable EPA hazardous waste numbers in rules
3745-51-20 to 3745-51-24 and 3745-51-30 to 3745-51-35 of the Administrative
Code. Prior to shipping the waste off site, the generator also shall mark the
containers with all applicable EPA hazardous waste numbers according to rule
3745-52-32 of the Administrative Code. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated October 24, 2022 at 8:48 AM
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Rule 3745-52-13 | Generator category determinations.
Effective:
October 23, 2022
A generator shall determine the generator's
generator category. A generator's category is based on the amount of
hazardous waste generated each month and may change from month to month. This
rule provides procedures to determine whether a generator is a "very small
quantity generator," a "small quantity generator," or a
"large quantity generator," as defined in rule 3745-50-10 of the
Administrative Code, for a particular month. (A) Generators of
either acute hazardous waste or non-acute hazardous waste. A generator who
generates either acute hazardous waste or non-acute hazardous waste in a
calendar month shall determine the generator category for that month by doing
all of the following: (1) Counting the
total amount of hazardous waste generated in the calendar month. (2) Subtracting from the total any amounts of waste exempt from
counting as described in paragraphs (C) and (D) of this rule. (3) Determining the resulting generator category for the
hazardous waste generated using the table of this rule. (B) Generators of both acute and non-acute hazardous wastes. A
generator who generates both acute hazardous waste and non-acute hazardous
waste in the same calendar month shall determine the generator category for
that month by doing all of the following: (1) Counting
separately the total amount of acute hazardous waste and the total amount of
non-acute hazardous waste generated in the calendar month. (2) Subtracting from each total any amounts of waste exempt
from counting as described in paragraphs (C) and (D) of this rule. (3) Determining separately the resulting generator categories
for the quantities of acute and non-acute hazardous waste generated using the
table of this rule. (4) Comparing the resulting generator categories from paragraph
(B)(3) of this rule and applying the more stringent generator category to the
accumulation and management of both non-acute hazardous waste and acute
hazardous waste generated for that month. | Quantity of acute hazardous waste generated in a calendar month | Quantity of non-acute hazardous waste generated in a calendar month | Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month | Generator category | | Greater than 1 kg | Any amount | Any amount | Large quantity generator | | Any amount | Greater than or equal to 1,000 kg | Any amount | Large quantity generator | | Any amount | Any amount | Greater than 100 kg | Large quantity generator | | Less than or equal to 1 kg | Greater than 100 kg and less than 1,000 kg | Less than or equal to 100 kg | Small quantity generator | | Less than or equal to 1 kg | Less than or equal to 100 kg | Less than or equal to 100 kg | Very small quantity generator |
(C) When making the
monthly quantity-based determinations required by Chapter 3745-52 of the
Administrative Code, the generator shall include all hazardous waste that the
generator generates, except hazardous waste that conform to any of the
following: (1) Is exempt from
regulation under paragraphs (C) to (F) of rule 3745-51-04, paragraph (A)(3) of
rule 3745-51-06, paragraph (A)(1) of rule 3745-51-07, or rule 3745-51-08 of the
Administrative Code. (2) Is managed immediately upon generation only in
"on-site elementary neutralization units," "wastewater treatment
units," or "totally enclosed treatment facilities" as defined in
rule 3745-50-10 of the Administrative Code. (3) Is recycled, without prior storage or accumulation, only in
an on-site process subject to regulation under paragraph (C)(2) of rule
3745-51-06 of the Administrative Code. (4) Is used oil managed in accordance with paragraph (A)(4) of
rule 3745-51-06 and Chapter 3745-279 of the Administrative Code. (5) Is spent lead-acid batteries managed in accordance with
rule 3745-266-80 of the Administrative Code. (6) Is universal waste managed in accordance with rule
3745-51-09 and Chapter 3745-273 of the Administrative Code. (7) Is a hazardous waste that is an unused commercial chemical
product (listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code or
exhibiting one or more characteristics in rules 3745-51-20 to 3745-51-24 of the
Administrative Code) that is generated solely as a result of a laboratory
clean-out conducted at an eligible academic entity pursuant to rule 3745-52-213
of the Administrative Code. For purposes of this paragraph, the term
"eligible academic entity" shall have the meaning as defined in rule
3745-52-200 of the Administrative Code. (8) Is managed as part of an episodic event in compliance with
the conditions of rules 3745-52-230 to 3745-52-233 of the Administrative
Code. (9) Is a "hazardous waste pharmaceutical," as defined
in rule 3745-266-500 of the Administrative Code, that is subject to or managed
in accordance with rules 3745-266-500 to 3745-266-510 of the Administrative
Code or is a hazardous waste pharmaceutical that is also a drug enforcement
administration controlled substance and is conditionally exempt under rule
3745-266-506 of the Administrative Code. (D) In determining
the quantity of hazardous waste generated in a calendar month, a generator need
not include any of the following: (1) Hazardous waste
when the hazardous waste is removed from on-site accumulation, so long as the
hazardous waste was previously counted once. (2) Hazardous waste generated by on-site treatment (including
reclamation) of the generator's hazardous waste, so long as the hazardous
waste that is treated was previously counted once. (3) Hazardous waste spent materials that are generated,
reclaimed, and subsequently reused on site, so long as such spent materials
were previously counted once. (E) Based on the
generator category as determined under this rule, the generator shall meet the
applicable independent requirements in rule 3745-52-10 of the Administrative
Code. A generator's category also determines which of the provisions of
rule 3745-52-14, 3745-52-15, 3745-52-16, or 3745-52-17 of the Administrative
Code shall be met to obtain an exemption from the storage or treatment facility
permit, interim standards, and operating requirements when accumulating
hazardous waste. (F) Mixing hazardous wastes with wastes. (1) Very small
quantity generator wastes. (a) Hazardous
wastes generated by a very small quantity generator may be mixed with wastes.
Very small quantity generators may mix a portion or all of the very small
quantity generator's hazardous waste with waste and remain subject to rule
3745-52-14 of the Administrative Code even though the resultant mixture exceeds
the quantity limits identified in the definition of very small quantity
generator, unless the mixture exhibits one or more of the characteristics of
hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the
Administrative Code. (b) If the resulting mixture exhibits a characteristic of
hazardous waste, this resultant mixture is a newly-generated hazardous waste.
The very small quantity generator shall count both the resultant mixture amount
plus the other hazardous waste generated in the calendar month to determine
whether the total quantity exceeds the very small quantity generator calendar
month quantity limits identified in the definition of "very small quantity
generator" in rule 3745-50-10 of the Administrative Code. If so, to remain
exempt from the permitting, interim standards, and operating standards, the
very small quantity generator shall meet the conditions for exemption
applicable to either a small quantity generator or a large quantity generator.
The very small quantity generator also shall comply with the applicable
independent requirements for either a small quantity generator or a large
quantity generator. (c) If a very small quantity generator's wastes are mixed
with used oil, the mixture is subject to Chapter 3745-279 of the Administrative
Code. Any material produced from such a mixture by processing, blending, or
other treatment is also regulated under Chapter 3745-279 of the Administrative
Code. (2) Small quantity
generator and large quantity generator wastes. (a) Hazardous
wastes generated by a small quantity generator or large quantity generator may
be mixed with waste. These mixtures are subject to all of the following: the
mixture rule in paragraphs (A)(2)(c), (B)(2), (B)(3), and (G)(2)(a) of rule
3745-51-03 of the Administrative Code; the prohibition of dilution at paragraph
(A) of rule 3745-270-03 of the Administrative Code; the land disposal
restriction requirements of rule 3745-270-40 of the Administrative Code if a
characteristic hazardous waste is mixed with a waste so that the mixture no
longer exhibits the hazardous characteristic; and the hazardous waste
determination requirement in rule 3745-52-11 of the Administrative
Code. (b) If the resulting mixture is found to be a hazardous waste,
this resultant mixture is a newly-generated hazardous waste. A small quantity
generator shall count both the resultant mixture amount plus the other
hazardous waste generated in the calendar month to determine whether the total
quantity exceeds the small quantity generator calendar monthly quantity limits
identified in the definition of "small quantity generator" in rule
3745-50-10 of the Administrative Code. If so, to remain exempt from the
permitting, interim standards, and operating standards, the small quantity
generator shall meet the conditions for exemption applicable provisions to a
large quantity generator. The small quantity generator shall comply with the
applicable independent requirements for a large quantity
generator.
Last updated September 27, 2023 at 11:22 AM
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Rule 3745-52-14 | Conditions for exemption for very small quantity generators.
Effective:
October 5, 2020
[Comment: For purposes of this rule, accumulate
means the storage of hazardous waste. A very small quantity generator may only
treat or dispose of hazardous waste if permissible in accordance with paragraph
(A)(5)(a) or (A)(5)(b) of this rule.] (A) Provided that the very small quantity
generator meets all the conditions for exemption listed in this rule, hazardous
waste generated by the very small quantity generator is not subject to Chapters
3745-50, 3745-52 (except rules 3745-52-10 to 3745-52-14 of the Administrative
Code), 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 and the requirement to notify
Ohio EPA or U.S. EPA of regulated waste activity, and the very small quantity
generator may accumulate hazardous waste on-site without complying with such
requirements. The conditions for exemption are as follows: (1) In a calendar month
the very small quantity generator generates less than or equal to the amounts
specified in the definition of "very small quantity generator" in
rule 3745-50-10 of the Administrative Code. (2) The very small
quantity generator complies with paragraphs (A) to (D) of rule 3745-52-11 of
the Administrative Code. (3) If the very small
quantity generator accumulates at any time greater than 1.0 kilogram (2.2
pounds) of acute hazardous waste or 100.0 kilograms (220.0 pounds) of 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 acute hazardous waste listed
in rule 3745-51-31 of the Administrative Code or paragraph (E) of rule
3745-51-33 of the Administrative Code, all quantities of that acute hazardous
waste are subject to all of the following additional conditions for
exemption: (a) Such waste is held on-site for no more than ninety days
beginning on the date the accumulated wastes exceed the amounts provided in
paragraph (A)(3) of this rule. (b) The conditions for exemption in paragraphs (A) to (G)
of rule 3745-52-17 of the Administrative Code. (4) If the very small
quantity generator accumulates at any time 1,000.0 kilograms (2,200.0 pounds)
or greater of non-acute hazardous waste, all quantities of that hazardous waste
are subject to all of the following: (a) Such waste is held on-site for no more than one hundred
eighty days, or two hundred seventy days, if applicable, beginning on the date
the accumulated waste exceeds the amounts provided in paragraph (A)(3) of this
rule. (b) The quantity of waste accumulated on site never exceeds
6,000.0 kilograms (13,200.0 pounds). (c) The conditions for exemption in paragraphs (B)(2) to
(F) of rule 3745-52-16 of the Administrative Code. (5) A very small quantity
generator that accumulates hazardous waste in amounts less than or equal to the
limits in paragraphs (A)(3) and (A)(4) of this rule shall either treat or
dispose of the hazardous waste in an on-site facility, or ensure delivery to an
off-site treatment, storage, or disposal facility, either of which, if located
in the United States, is all of the following: (a) Permitted in accordance with rules 3745-50-40 to
3745-50-235 of the Administrative Code. (b) Operating in accordance with a permit by rule as
described in paragraph (C) of rule 3745-50-40 and Chapters 3745-65 to 3745-69
and 3745-256 of the Administrative Code. (c) Authorized to manage hazardous waste by a state with a
hazardous waste management program federally authorized. (d) Permitted, licensed, or registered by a state other
than Ohio to manage municipal solid waste and, if managed in a municipal solid
waste landfill, is subject to 40 C.F.R. Part 258 and applicable state
law. (e) Permitted, licensed, or registered by a state to manage
non-municipal non-hazardous waste and, if managed in a non-municipal
non-hazardous waste disposal unit, is subject to 40 C.F.R. 257.5 to 40 C.F.R.
257.30 and applicable state law. (f) A facility operating under paragraph (C)(2) or (C)(3)
of rule 3745-51-06 of the Administrative Code. (g) For universal waste managed under Chapter 3745-273 of
the Administrative Code, a universal waste handler or destination facility
subject to Chapter 3745-273 of the Administrative Code. (h) A large quantity generator under the control of the
same person as the very small quantity generator, provided the following
conditions are met: (i) The very small
quantity generator and the large quantity generator are under the control of
the same "person," as defined in rule 3745-50-10 of the
Administrative Code. "Control," for the purposes of this rule, means
the power to direct the policies of the generator, whether by the ownership of
stock, voting rights, or otherwise, except that contractors who operate
generator 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 generators. (ii) The very small
quantity generator marks the containers of hazardous waste with all of the
following: (a) The words
"Hazardous Waste." (b) An indication of the
hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristic (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the department of
transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with the
occupational safety and health administration hazard communication standard at
29 C.F.R. 1910.1200; or a chemical hazard label consistent with the national
fire protection association code 704]. (i) A "reverse distributor," as defined in rule
3745-266-500 of the Administrative Code, if the hazardous waste pharmaceutical
is a potentially creditable hazardous waste pharmaceutical generated by a
"healthcare facility," as defined in rule 3745-266-500 of the
Administrative Code. (j) A healthcare facility that meets the conditions in
paragraph (L) of rule 3745-266-502 and paragraph (B) of rule 3745-266-503 of
the Administative Code, as applicable, to accept non-creditable hazardous waste
pharmaceuticals and potentially creditable hazardous waste pharmaceuticals from
an off-site healthcare facility that is a very small quantity
generator. (k) For airbag waste, an airbag waste collection facility
or a designated facility subject to paragraph (J) of rule 3745-51-04 of the
Administrative Code. (B) The placement of bulk or
non-containerized liquid hazardous waste or hazardous waste that contains free
liquids (whether or not sorbents have been added) in any landfill is
prohibited. (C) A very small quantity generator
experiencing an episodic event may generate and accumulate hazardous waste in
accordance with rules 3745-52-230 to 3745-52-233 of the Administrative Code in
lieu of rules 3745-52-15 to 3745-52-17 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 3745-52-15 | Satellite accumulation area requirements for small quantity generators and large quantity generators.
Effective:
October 5, 2020
(A) A generator may accumulate as much as
fifty-five gallons of non-acute hazardous waste and either one quart of liquid
acute hazardous waste listed in rule 3745-51-31 or paragraph (E) of rule
3745-51-33 of the Administrative Code or one kilogram (kg) (2.2 pounds) of
solid acute hazardous waste listed in rule 3745-51-31 or paragraph (E) of rule
3745-51-33 of the Administrative Code in containers at or near any point of
generation where wastes initially accumulate which is under the control of the
operator of the process generating the waste, without a permit or permit by
rule and without complying with Chapters 3745-50, 3745-54 to 3745-57, 3745-65
to 3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code,
provided that all of the conditions for exemption in this rule are met. A
generator may comply with the conditions for exemption in this rule instead of
complying with the conditions for exemption in paragraph (B) of rule 3745-52-16
or paragraph (A) of rule 3745-52-17 of the Administrative Code, except as
required in paragraphs (A)(7) and (A)(8) of rule 3745-52-15 of the
Administrative Code. The conditions for exemption for satellite accumulation
are as follows: (1) If a container
holding hazardous waste is not in good condition, or if the container begins to
leak, the generator shall immediately transfer the hazardous waste from this
container to a container that is in good condition and does not leak, or
immediately transfer and manage the waste in a central accumulation area
operated in compliance with paragraph (B) of rule 3745-52-16 or paragraph (A)
of rule 3745-52-17 of the Administrative Code. (2) The generator shall
use a container made of or lined with materials that will not react with, and
are otherwise compatible with, the hazardous waste to be accumulated, so that
the ability of the container to contain the waste is not impaired. (3) Special standards for
incompatible wastes. (a) Incompatible wastes, or incompatible wastes and
materials, (see appendix to rule 3745-66-99 of the Administrative Code for
examples) shall not be placed in the same container, unless paragraph (B) of
rule 3745-65-17 of the Administrative Code is complied with. (b) Hazardous waste shall not be placed in an unwashed
container that previously held an incompatible waste or material (see appendix
to rule 3745-66-99 of the Administrative Code for examples), unless paragraph
(B) of rule 3745-65-17 of the Administrative Code is complied
with. (c) A container holding a hazardous waste that is
incompatible with any waste or other materials accumulated nearby in other
containers shall be separated from the other materials or protected from the
incompatible waste or material by any practical means. (4) A container holding
hazardous waste shall be closed at all times during accumulation, except when
either of the following occur: (a) When adding, removing, or consolidating
waste. (b) When temporary venting of a container is necessary due
to either of the following: (i) For the proper
operation of equipment. (ii) To prevent dangerous
situations, such as build-up of extreme pressure. (5) A generator shall
mark or label the generator's container with all of the
following: (a) The words "Hazardous Waste." (b) An indication of the hazards of the contents [examples
include, but are not limited to, the applicable hazardous waste characteristic
(i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent
with the department of transportation requirements at 49 C.F.R. Part 172
subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the occupational safety and health administration hazard
communication standard at 29 C.F.R. 1910.1200; or a chemical hazard label
consistent with the national fire protection association code
704]. (6) A generator who
accumulates either acute hazardous waste listed in rule 3745-51-31 or paragraph
(E) of rule 3745-51-33 of the Administrative Code or non-acute hazardous waste
in excess of the amounts listed in paragraph (A) of this rule at or near any
point of generation shall do the following: (a) Within three consecutive calendar days, comply with the
applicable central accumulation area requirements in paragraph (B) of rule
3745-52-16 or paragraph (A) of rule 3745-52-17 of the Administrative Code;
or (b) Remove the excess from the satellite accumulation area
within three consecutive calendar days to one of the following: (i) A central
accumulation area operated in accordance with the applicable requirements in
paragraph (B) of rule 3745-52-16 or paragraph (A) of rule 3745-52-17 of the
Administrative Code. (ii) An on-site permit by
rule or permitted treatment, storage, or disposal facility. (iii) An off-site
designated facility; and (c) During the three-consecutive-calendar-day period, the
generator shall continue to comply with paragraphs (A)(1) to (A)(5) of this
rule. The generator shall mark or label the container holding the excess
accumulation of hazardous waste with the date the excess amount began
accumulating. (7) All satellite
accumulation areas operated by a small quantity generator shall meet the
preparedness and prevention requirements of paragraph (B)(8) of rule 3745-52-16
and emergency procedures of paragraph (B)(9) of rule 3745-52-16 of the
Administrative Code. (8) All satellite
accumulation areas operated by a large quantity generator shall meet the
preparedness, prevention, and emergency procedures in rules 3745-52-250 to
3745-52-265 of the Administrative Code. (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."]
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Rule 3745-52-16 | Conditions for exemption for small quantity generators that accumulate hazardous waste.
Effective:
October 5, 2020
A small quantity generator may accumulate or treat
hazardous waste on-site without a hazardous waste permit, and without complying
with Chapters 3745-50, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205,
3745-256, and 3745-266 of the Administrative Code or the requirement to notify
Ohio EPA or U.S. EPA of regulated waste activity, provided that all the
conditions for exemption listed in this rule are met: (A) Generation. The generator generates
in a calendar month no more than the amounts specified in the definition of
"small quantity generator" in rule 3745-50-10 of the Administrative
Code. (B) Accumulation or treatment. The
generator accumulates or treats hazardous waste on-site for no more than one
hundred eighty days, unless in compliance with the conditions for exemption for
longer accumulation in paragraphs (D) and (E) of this rule. The following
accumulation conditions also apply: (1) Accumulation limit.
The quantity of hazardous waste accumulated or treated on-site never exceeds
6,000.0 kilograms (13,200.0 pounds). (2) Accumulation or
treatment of hazardous waste in containers: (a) Condition of containers. If a container holding
hazardous waste is not in good condition, or if the container begins to leak,
the small quantity generator shall immediately transfer the hazardous waste
from this container to a container that is in good condition, or immediately
manage the waste in some other way that complies with the conditions for
exemption of this rule. (b) Compatibility of waste with container. The small
quantity generator shall use a container made of or lined with materials that
shall not react with, and are otherwise compatible with, the hazardous waste to
be accumulated or treated, so that the ability of the container to contain the
waste is not impaired. (c) Management of containers. (i) A container holding
hazardous waste shall always be closed during accumulation, except when
necessary to add or remove waste. (ii) A container holding
hazardous waste shall not be opened, handled, accumulated, or treated in a
manner that may rupture the container or cause the container to
leak. (d) Inspections. At least weekly, the small quantity
generator shall inspect central accumulation areas. The small quantity
generator shall look for leaking containers and for deterioration of containers
caused by corrosion or other factors. See paragraph (B)(2)(a) of this rule for
remedial action required if deterioration or leaks are detected. (e) Special conditions for accumulation or treatment of
incompatible wastes. (i) Incompatible wastes,
or incompatible wastes and materials, (see appendix to rule 3745-66-99 of the
Administrative Code for examples) shall not be placed in the same container,
unless paragraph (B) of rule 3745-65-17 of the Administrative Code is complied
with. (ii) Hazardous waste
shall not be placed in an unwashed container that previously held an
incompatible waste or material (see appendix of rule 3745-66-99 of the
Administrative Code for examples), unless paragraph (B) of rule 3745-65-17 of
the Administrative Code is complied with. (iii) A container
accumulating hazardous waste that is incompatible with any waste or other
materials accumulated, treated, or stored nearby in other containers, piles,
open tanks, or surface impoundments shall be separated from the other materials
or protected from waste or materials by means of a dike, berm, wall, or other
device. (3) Accumulation or
treatment of hazardous waste in tanks. (a) [Reserved.] (b) A small quantity generator of hazardous waste shall
comply with the following general operating conditions: (i) Treatment or
accumulation of hazardous waste in tanks shall comply with paragraph (B) of
rule 3745-65-17 of the Administrative Code. (ii) Hazardous wastes or
treatment reagents shall not be placed in a tank if the hazardous wastes or
treatment reagents could cause the tank or the tank's inner liner to
rupture, leak, corrode, or otherwise fail before the end of the tank's
intended life. (iii) Uncovered tanks
shall be operated to ensure at least sixty centimeters (two feet) of freeboard,
unless the tank is equipped with a containment structure (e.g., dike or
trench), a drainage control system, or a diversion structure (e.g., standby
tank) with a capacity that equals or exceeds the volume of the top sixty
centimeters (two feet) of the tank. (iv) Where hazardous
waste is continuously fed into a tank, the tank shall be equipped with a means
to stop this inflow (e.g., waste feed cutoff system or by-pass system to a
stand-by tank). (c) Except as noted in paragraph (B)(3)(d) of this rule, a
small quantity generator that accumulates or treats hazardous waste in tanks
shall inspect, where present, all of the following: (i) Discharge control
equipment (e.g., waste feed cutoff systems, by-pass systems, and drainage
systems) at least once each operating day, to ensure that the discharge control
equipment is in good working order. (ii) Data gathered from
monitoring equipment (e.g., pressure and temperature gauges) at least once each
operating day, to ensure that the tank is being operated according to the
tank's design. (iii) The level of waste
in the tank at least once each operating day, to ensure compliance with
paragraph (B)(3)(b)(iii) of this rule. (iv) The construction
materials of the tank at least weekly, to detect corrosion or leaking of
fixtures or seams. (v) The construction
materials of, and the area immediately surrounding, discharge confinement
structures (e.g., dikes) at least weekly, to detect erosion or obvious signs of
leakage (e.g., wet spots or dead vegetation). The generator shall remedy any
deterioration or malfunction of equipment or structures which the inspection
reveals on a schedule which ensures that the problem does not lead to an
environmental or human health hazard. Where a hazard is imminent or has already
occurred, remedial action shall be taken immediately. (d) A small quantity generator accumulating or treating
hazardous waste in tanks or tank systems that have full secondary containment
and that either use leak detection equipment, to alert personnel to leaks, or
implement established workplace practices to ensure leaks are promptly
identified, shall inspect at least weekly, where applicable, the areas
identified in paragraph (B)(3)(c) of this rule. Use of the alternate inspection
schedule shall be documented in the generator's operating record. This
documentation shall include a description of the established workplace
practices at the generator. (e) [Reserved.] (f) A small quantity generator accumulating or treating
hazardous waste in tanks, upon closure of the facility, shall remove all
hazardous waste from tanks, discharge control equipment, and discharge
confinement structures. At closure, as throughout the operating period, unless
the small quantity generator can demonstrate, in accordance with paragraph (C)
or (D) of rule 3745-51-03 of the Administrative Code, that any waste removed
from the small quantity generator's tank is not a hazardous waste, then
the small quantity generator shall manage such waste in accordance with all
applicable provisions of Chapters 3745-52, 3745-53, 3745-65 to 3745-69,
3745-256, and 3745-270 of the Administrative Code. (g) A small quantity generator shall comply with the
following special conditions for accumulation or treatment of ignitable or
reactive waste: (i) Ignitable or reactive
waste shall not be placed in a tank, unless any of the following are
met: (a) The waste is treated,
rendered, or mixed before or immediately after placement in a tank so that the
resulting waste, mixture, or dissolution of material no longer meets the
definition of ignitable waste or reactive waste under rule 3745-51-21 or
3745-51-23 of the Administrative Code, and paragraph (B) of rule 3745-65-17 of
the Administrative Code is complied with. (b) The waste is
accumulated or treated in such a way that the waste is protected from any
material or conditions that may cause the waste to ignite or
react. (c) The tank is used
solely for emergencies. (ii) A small quantity
generator which treats or accumulates ignitable or reactive waste in covered
tanks shall comply with the buffer zone requirements for tanks contained in
tables 2-1 through 2-6 of the national fire protection association's
"Flammable and Combustible Liquids Code." (iii) A small quantity
generator shall comply with the following special conditions for incompatible
wastes: (a) Incompatible wastes,
or incompatible wastes and materials (see appendix to rule 3745-66-99 of the
Administrative Code for examples), shall not be placed in the same tank unless
paragraph (B) of rule 3745-65-17 of the Administrative Code is complied
with. (b) Hazardous waste shall
not be placed in an unwashed tank that previously held an incompatible waste or
material unless paragraph (B) of rule 3745-65-17 of the Administrative Code is
complied with. (4) Accumulation or
treatment of hazardous waste on drip pads. If the waste is placed on drip pads,
the small quantity generator shall comply with all of the
following: (a) Rules 3745-69-40 to 3745-69-45 of the Administrative
Code, except paragraph (C) of rule 3745-69-45 of the Administrative
Code. (b) The small quantity generator shall remove all wastes
from the drip pad at least once every ninety days. Any hazardous wastes that
are removed from the drip pad at least once every ninety days are then subject
to the one hundred eighty day accumulation or treatment limit in paragraph (B)
of this rule and rule 3745-52-15 of the Administrative Code if hazardous wastes
are being managed in satellite accumulation areas prior to being moved to the
central accumulation area. (c) The small quantity generator shall maintain on-site at
the facility all of the following records readily available for
inspection: (i) A written description
of procedures that are followed to ensure that all wastes are removed from the
drip pad and associated collection system at least once every ninety
days. (ii) Documentation of
each waste removal, including the quantity of waste removed from the drip pad
and the sump or collection system, and the date and time of
removal. (5) Accumulation or
treatment of hazardous waste in containment buildings. If the waste is placed
in containment buildings, the small quantity generator shall comply with rules
3745-256-100 to 3745-256-102 of the Administrative Code. The generator shall
label the generator's containment buildings with the words "Hazardous
Waste" in a conspicuous place easily visible to employees, visitors,
emergency responders, waste handlers, or other persons on-site, and also in a
conspicuous place to provide an indication of the hazards of the contents
[examples include, but are not limited to, the applicable hazardous waste
characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the department of transportation requirements at
49 C.F.R. Part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the occupational safety and health
administration hazard communication standard at 29 C.F.R. 1910.1200; or a
chemical hazard label consistent with the national fire protection association
code 704]. The generator shall also maintain all of the following: (a) The professional engineer certification that the
building complies with the design standards specified in rule 3745-256-101 of
the Administrative Code. This certification shall be in the generator's
files prior to operation of the unit. (b) The following records by use of inventory logs,
monitoring equipment, or any other effective means: (i) A written description
of procedures to ensure that each waste volume remains in the unit for no more
than ninety days, a written description of the waste generation and management
practices for the facility showing that the generator is consistent with
maintaining the ninety day limit, and documentation that the procedures are
complied with. (ii) Documentation that
the unit is emptied at least once every ninety days. (iii) Inventory logs or
records with the information required in paragraph (B)(5)(b)(i) of this rule
shall be maintained on-site and readily available for inspection. (6) Labeling and marking
of containers and tanks. (a) Containers. A small quantity generator shall mark or
label the small quantity generator's containers with all of the
following: (i) The words
"Hazardous Waste." (ii) An indication of the
hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristic (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the department of
transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with the
occupational safety and health administration hazard communication standard at
29 C.F.R. 1910.1200; or a chemical hazard label consistent with the national
fire protection association code 704]. (iii) The date upon which
each period of accumulation begins, clearly visible for inspection on each
container. (b) Tanks. A small quantity generator accumulating or
treating hazardous waste in tanks shall do all of the following: (i) Mark or label the
small quantity generator's tanks with the words "Hazardous
Waste." (ii) Mark or label the
small quantity generator's tanks with an indication of the hazards of the
contents [examples include, but are not limited to, the applicable hazardous
waste characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the department of transportation requirements at
49 C.F.R. Part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the occupational safety and health
administration hazard communication standard at 29 C.F.R. 1910.1200; or a
chemical hazard label consistent with the national fire protection association
code 704]. (iii) Use inventory logs,
monitoring equipment, or other records to demonstrate that hazardous waste has
been emptied within one hundred eighty days after first entering the tank if
using a batch process, or in the case of a tank with a continuous flow process,
demonstrate that estimated volumes of hazardous waste entering the tank daily
exit the tank within one hundred eighty days after first entering. (iv) Keep inventory logs
or records with the above information on-site and readily available for
inspection. (7) Land disposal
restrictions. A small quantity generator shall comply with all the applicable
requirements in Chapter 3745-270 of the Administrative Code. (8) Preparedness and
prevention. (a) Maintenance and operation of facility. A small quantity
generator shall maintain and operate the small quantity generator's
facility to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water, which could threaten human health or the
environment. (b) Required equipment. All areas where hazardous waste is
either generated or accumulated or treated shall be equipped with the items in
paragraph (B)(8)(b) of this rule (unless none of the hazards posed by waste
handled at the facility could require a particular kind of equipment specified
in this paragraph or the actual waste generation area or accumulation area does
not lend itself for safety reasons to have a particular kind of equipment
specified in this paragraph). A small quantity generator may determine the most
appropriate locations to locate equipment necessary to prepare for and respond
to emergencies. (i) An internal
communications or alarm system capable of providing immediate emergency
instruction (voice or signal) to facility personnel. (ii) 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. (iii) 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. (iv) 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
communications or alarm systems, fire protection equipment, spill control
equipment, and decontamination equipment, where required, shall be tested and
maintained as necessary to assure proper operation in time of
emergency. (d) Access to communications or alarm system. (i) Whenever hazardous
waste is being poured, mixed, spread, or otherwise handled, all personnel
involved in the operation shall have immediate access (e.g., direct or
unimpeded 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)(8)(b) of this
rule. (ii) In the event there
is just one employee on the premises while the facility is operating, the
employee shall have immediate access (e.g., direct or unimpeded 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)(8)(b) of
this rule. (e) Required aisle space. The small quantity generator
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. (i) The small quantity
generator shall attempt to make arrangements with the local police department,
fire department, other emergency response teams, emergency response
contractors, equipment suppliers, and local hospitals, taking into account the
types and quantities of hazardous wastes handled at the facility. Arrangements
may be made with the local emergency planning committee, if the local emergency
planning committee is determined to be the appropriate organization with which
to make arrangements. (a) A small quantity
generator attempting to make arrangements with the local fire department shall
determine the potential need for the services of the local police department,
other emergency response teams, emergency response contractors, equipment
suppliers, and local hospitals. (b) As part of this
coordination, the small quantity generator shall attempt to make arrangements,
as necessary, to familiarize the organizations listed in paragraph (B)(8)(f)(i)
of this rule with the layout of the facility, the properties of hazardous waste
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, as well as the types of injuries or illnesses
that could result from fires, explosions, or releases at the
facility. (c) Where more than one
police or fire department might respond to an emergency, the small quantity
generator shall attempt to make arrangements designating primary emergency
authority to a specific fire department or police department, and arrangements
with any others to provide support to the primary emergency
authority. (ii) A small quantity
generator shall maintain records documenting the arrangements with the local
fire department as well as any other organization necessary to respond to an
emergency. This documentation shall include documentation in the operating
record that either confirms such arrangements actively exist or, in cases where
no arrangements exist, confirms that attempts to make such arrangements were
made. (iii) A facility
possessing twenty-four-hour response capabilities may seek a waiver from the
authority having jurisdiction over the fire code within the facility's
state or locality as far as needing to make arrangements with the local fire
department as well as any other organization necessary to respond to an
emergency, provided that the waiver is documented in the operating
record. (9) Emergency procedures.
The small quantity generator complies with all of the following conditions for
those areas of the generator facility where hazardous waste is generated and
accumulated: (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
to coordinate all emergency response measures specified in paragraph (B)(9)(d)
of this rule. This employee is the emergency coordinator. (b) The small quantity generator shall post the following
information next to telephones or in areas directly involved in the generation
and accumulation of hazardous waste: (i) The name and
emergency telephone number of the emergency coordinator. (ii) Location of fire
extinguishers and spill control material, and, if present, fire
alarm. (iii) The telephone
number of the fire department, unless the facility has a direct
alarm. (c) The small quantity generator 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: (i) In the event of a
fire, call the fire department or attempt to extinguish the fire using a fire
extinguisher. (ii) In the event of a
spill, the small quantity generator is responsible for containing the flow of
hazardous waste to the extent possible, and as soon as is practicable, cleaning
up the hazardous waste and any contaminated materials or soil. Such containment
and cleanup can be conducted either by the small quantity generator or by a
contractor on behalf of the small quantity generator. (iii) In the event of a
fire, explosion, or other release that could threaten human health outside the
facility, or when the small quantity generator has knowledge that a spill has
reached surface water, the small quantity generator shall immediately notify
the "National Response Center" using the twenty-four-hour toll-free
number 800/424-8802. The report shall include all of the following
information: (a) The name, address,
and U.S. EPA identification number of the small quantity
generator. (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. (e) Estimated quantity
and disposition of recovered materials, if any. (C) Transporting over two hundred miles.
A small quantity generator who must transport the small quantity
generator's waste, or offers the small quantity generator's waste for
transportation, over a distance of two hundred miles or more for off-site
treatment, storage, or disposal may accumulate hazardous waste on-site for two
hundred seventy days or less without a permit or without having permit by rule
provided that the generator complies with the conditions of paragraph (B) of
this rule. (D) Accumulation time limit extension. A
small quantity generator who accumulates hazardous waste for more than one
hundred eighty days (or for more than two hundred seventy days if the small
quantity generator must transport the small quantity generator's waste, or
offer the small quantity generator's waste for transportation, over a
distance of two hundred miles or more) is subject to rules 3745-50-40 to
3745-50-235 and Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205,
3745-256, and 3745-270 of the Administrative Code unless the small quantity
generator has been granted an extension to the one hundred eighty-day (or two
hundred seventy-day if applicable) period. Such extension may be granted by
Ohio EPA if hazardous wastes shall remain on-site for longer than one hundred
eighty days (or two hundred seventy days if applicable) due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to thirty days
may be granted at the discretion of the director on a case-by-case
basis. (E) Rejected load. A small quantity
generator who sends a shipment of hazardous waste to a designated facility with
the understanding that the designated facility can accept and manage the waste
and later receives that shipment back as a rejected load or residue in
accordance with the manifest discrepancy provisions of rule 3745-54-72 or
3745-65-72 of the Administrative Code may accumulate the returned waste on-site
in accordance with paragraphs (A) to (D) of this rule. Upon receipt of the
returned shipment, the generator shall perform either of the
following: (1) Sign item 18c of the
manifest, if the transporter returned the shipment using the original
manifest. (2) Sign item 20 of the
manifest, if the transporter returned the shipment using a new
manifest. (F) A small quantity generator
experiencing an episodic event may accumulate hazardous waste in accordance
with rules 3745-52-230 to 3745-52-233 of the Administrative Code in lieu of
rule 3745-52-17 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 3745-52-17 | Conditions for exemption for large quantity generators that accumulate hazardous waste.
A large quantity generator may accumulate or treat
hazardous waste on-site without a hazardous waste permit or a permit by rule,
and without complying with Chapters 3745-50, 3745-54 to 3745-57, 3745-65 to
3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code, or the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity,
provided that all of the following are met: (A) Accumulation. A large quantity
generator accumulates or treats hazardous waste on-site for no more than ninety
days, unless in compliance with the accumulation time limit extension or F006
accumulation conditions for exemption in paragraphs (B) to (E) of this rule.
The following accumulation conditions also apply: (1) Accumulation or
treatment of hazardous waste in containers. If the hazardous waste is placed in
containers, the large quantity generator shall comply with the
following: (a) Air emission standards. The applicable requirements of rules
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. (b) Condition of containers. If a container holding hazardous
waste is not in good condition, or if the container begins to leak, the large
quantity generator shall immediately transfer the hazardous waste from this
container to a container that is in good condition, or immediately manage the
waste in some other way that complies with the conditions for exemption of this
rule. (c) Compatibility of waste with container. The large quantity
generator shall use a container made of or lined with materials that shall not
react with, and are otherwise compatible with, the hazardous waste to be
stored, so that the ability of the container to contain the waste is not
impaired. (d) Management of containers. (i) A container holding
hazardous waste shall always be closed during accumulation, except when
necessary to add or remove waste. (ii) A container holding
hazardous waste shall not be opened, handled, or stored in a manner that may
rupture the container or cause the container to leak. (e) Inspections. At least weekly, the large quantity generator
shall inspect central accumulation areas. The large quantity generator shall
look for leaking containers and for deterioration of containers caused by
corrosion or other factors. See paragraph (A)(1)(b) of this rule for remedial
action required if deterioration or leaks are detected. (f) Special conditions for accumulation of ignitable and reactive
wastes. (i) Containers holding
ignitable or reactive waste shall be located at least fifteen meters (fifty
feet) from the facility's property line unless a written approval is
obtained from the authority having jurisdiction over the local fire code
allowing hazardous waste accumulation to occur within this restricted area. A
record of the written approval shall be maintained as long as ignitable or
reactive hazardous waste is accumulated in this area. (ii) The large quantity
generator shall take precautions to prevent accidental ignition or reaction of
ignitable or reactive waste. This waste shall be separated and protected from
sources of ignition or reaction including but not limited to open flames,
smoking, cutting and welding, hot surfaces, frictional heat, sparks (static,
electrical, or mechanical), spontaneous ignition (e.g., from heat-producing
chemical reactions), and radiant heat. While ignitable or reactive waste is
being handled, the large quantity generator shall confine smoking and open
flame to specially designated locations. "No Smoking" signs shall be
conspicuously placed where there is a hazard from ignitable waste or reactive
waste. (g) Special conditions for accumulation of incompatible
wastes. (i) Incompatible wastes,
or incompatible wastes and materials, (see the appendix to rule 3745-66-99 of
the Administrative Code for examples) shall not be placed in the same container
unless paragraph (B) of rule 3745-65-17 of the Administrative Code is complied
with. (ii) Hazardous waste
shall not be placed in an unwashed container that previously held an
incompatible waste or material (see the appendix to rule 3745-66-99 of the
Administrative Code for examples) unless paragraph (B) of rule 3745-65-17 of
the Administrative Code is complied with. (iii) A container holding
a hazardous waste that is incompatible with any waste or other materials
accumulated or stored nearby in other containers, piles, open tanks, or surface
impoundments shall be separated from the other materials or protected from
wastes or materials by means of a dike, berm, wall, or other
device. (2) Accumulation or
treatment of hazardous waste in tanks. If the hazardous waste is placed in
tanks, the large quantity generator shall comply with the applicable
requirements of rules 3745-66-90 to 3745-66-102 of the Administrative Code,
except paragraph (C) of rule 3745-66-97 and rule 3745-66-100 of the
Administrative Code, as well as the applicable requirements of rules
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. (3) Accumulation of
hazardous waste on drip pads. If the hazardous waste is placed on drip pads,
the large quantity generator shall comply with the following: (a) Rules 3745-69-40 to 3745-69-45 of the Administrative
Code; (b) The large quantity generator shall remove all wastes from the
drip pad at least once every ninety days. Any hazardous wastes that are removed
from the drip pad are then subject to the ninety day accumulation limit in
paragraph (A) of this rule and rule 3745-52-15 of the Administrative Code, if
the hazardous wastes are being managed in satellite accumulation areas prior to
being moved to a central accumulation area; and (c) The large quantity generator shall maintain on-site at the
facility all of the following records readily available for
inspection: (i) A written description
of procedures that are followed to ensure that all wastes are removed from the
drip pad and the sump or collection system at least once every ninety days;
and (ii) Documentation of
each waste removal, including the quantity of waste removed from the drip pad
and the sump or collection system, and the date and time of
removal. (4) Accumulation or
treatment of hazardous waste in containment buildings. If the waste is placed
in containment buildings, the large quantity generator shall comply with rules
3745-256-100 to 3745-256-102 of the Administrative Code. The generator shall
label the large quantity generator's containment building with the words
"Hazardous Waste" in a conspicuous place easily visible to employees,
visitors, emergency responders, waste handlers, or other persons on-site, and
also in a conspicuous place to provide an indication of the hazards of the
contents [examples include, but are not limited to, the applicable hazardous
waste characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the department of transportation requirements at
49 CFR Part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the occupational safety and health
administration hazard communication standard at 29 CFR 1910.1200; or a chemical
hazard label consistent with the national fire protection association code
704]. The generator also shall maintain: (a) The professional engineer certification that the building
complies with the design standards specified in rule 3745-256-101 of the
Administrative Code. This certification shall be in the generator's files
prior to operation of the unit; and (b) The following records by use of inventory logs, monitoring
equipment, or any other effective means: (i) A written description
of procedures to ensure that each waste volume remains in the unit for no more
than ninety days, a written description of the waste generation and management
practices for the facility showing that the generator is consistent with
respecting the ninety day limit, and documentation that the procedures are
complied with; or (ii) Documentation that
the unit is emptied at least once every ninety days. (iii) Inventory logs or
records with the information required in paragraph (A)(4)(b) of this rule shall
be maintained on-site and readily available for inspection. (5) Labeling and marking
of containers and tanks. (a) Containers. A large quantity generator shall mark or label
the generator's containers with the following: (i) The words
"Hazardous waste." (ii) An indication of the
hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristics (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the department of
transportation requirements at 49 CFR Part 172 subpart E (labeling) or subpart
F (placarding); a hazard statement or pictogram consistent with the
occupational safety and health administration hazard communication standard at
29 CFR 1910.1200; or a chemical hazard label consistent with the national fire
protection association code 704]; and (iii) The date upon which
each period of accumulation or treatment begins, clearly visible for inspection
on each container. (b) Tanks. A large quantity generator accumulating hazardous
waste in tanks shall do the following: (i) Mark or label the
generator's tanks with the words "Hazardous waste." (ii) Mark or label the
generator's tanks with an indication of the hazards of the contents
[examples include, but are not limited to, the applicable hazardous waste
characteristics (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the department of transportation requirements at
49 CFR Part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the occupational safety and health
administration hazard communication standard at 29 CFR 1910.1200; or a chemical
hazard label consistent with the national fire protection association code
704]; (iii) Use inventory logs,
monitoring equipment, or other records to demonstrate that hazardous waste has
been emptied within ninety days after first entering the tank if using a batch
process, or in the case of a tank with a continuous flow process, demonstrate
that estimated volumes of hazardous waste entering the tank daily exit the tank
within ninety days after first entering; and (iv) Keep inventory logs
or records with the information required by paragraph (A)(5)(b) of this rule
on-site and readily available for inspection. (6) Emergency procedures.
The large quantity generator complies with the standards in rules 3745-52-250
to 3745-52-265 of the Administrative Code. (7) Personnel
training. (a) (i) Facility personnel
shall successfully complete a program of classroom instruction, online training
(e.g., computer-based or electronic), or on-the-job training that teaches the
facility personnel to perform the facility personnel's duties in a way
that ensures compliance with Chapter 3745-52 of the Administrative Code. The
large quantity generator shall ensure that this program includes all the
elements described in the documents required in paragraph (A)(7)(d) of this
rule. (ii) This program shall
be directed by a person trained in hazardous waste management procedures, and
shall include instruction which teaches facility personnel hazardous waste
management procedures (including contingency plan implementation) relevant to
the positions in which the facility personnel are employed. (iii) At a minimum, the
training program shall be designed to ensure that facility personnel are able
to respond effectively to emergencies by familiarizing personnel with emergency
procedures, emergency equipment, and emergency systems, including where
applicable: (a) Procedures to use,
inspect, repair, and replace facility emergency and monitoring
equipment; (b) Key parameters for
automatic waste feed cut-off systems; (c) Communications or alarm systems; (d) Response to fires or explosions; (e) Response to groundwater contamination incidents;
and (f) Shutdown of operations. (iv) For facility
personnel who receive emergency response training pursuant to occupational
safety and health administration regulations 29 CFR 1910.120(p)(8) and
1910.120(q), the large quantity generator is not required to provide separate
emergency response training pursuant to this rule, provided that the overall
facility training meets all the conditions of exemption in this
rule. (b) Facility personnel shall successfully complete the program
required in paragraph (A)(7)(a) of this rule within six months after the date
of employment or assignment to the facility, or to a new position at the
facility, whichever is later. Facility personnel shall not work in unsupervised
positions until personnel have completed the training standards of paragraph
(A)(7)(a) of this rule. (c) Facility personnel shall take part in an annual review of the
initial training required in paragraph (A)(7)(a) of this rule. (d) The large quantity generator shall maintain the following
documents and records at the facility: (i) The job title for
each position at the facility related to hazardous waste management, and the
name of the employee filling each job; (ii) A written job
description for each position listed under paragraph (A)(7)(d)(i) of this rule.
This description may be consistent in the description's degree of
specificity with descriptions for other similar positions in the same company
location or bargaining unit, but shall include the requisite skill, education,
or other qualifications, and duties of facility personnel assigned to each
position; (iii) A written
description of the type and amount of both introductory and continuing training
that shall be given to each person filling a position listed under paragraph
(A)(7)(d)(i) of this rule; and (iv) Records that
document that the training or job experience, required under paragraphs
(A)(7)(a) to (A)(7)(c) of this rule, has been given to, and completed by,
facility personnel. (e) Training records on current personnel shall be kept until
closure of the facility. Training records on former employees shall be kept for
at least three years after the date the employee last worked at the facility.
Personnel training records may accompany personnel transferred within the same
company. (8) Closure. A large
quantity generator accumulating hazardous wastes in containers, tanks, drip
pads, and containment buildings, prior to closing a unit at the facility, or
prior to closing the facility, shall meet the following
conditions: (a) Notification for closure of a waste accumulation unit. A
large quantity generator shall perform one of the following when closing a
waste accumulation unit: (i) Place a notice in the
operating record within thirty days after closure identifying the location of
the unit within the facility; or (ii) Meet the closure
performance standards of paragraph (A)(8)(c) of this rule for container, tank,
and containment building waste accumulation units, or paragraph (A)(8)(d) of
this rule for drip pads, and notify Ohio EPA following the procedures in
paragraph (A)(8)(b)(ii) of this rule for the waste accumulation unit. If the
waste accumulation unit is subsequently reopened, the generator may remove the
notice from the operating record. (b) Notification for closure of the facility. (i) Notify Ohio EPA using
Ohio EPA form EPA 9029 no later than thirty days prior to closing the
facility. (ii) Notify Ohio EPA
using Ohio EPA form EPA 9029 within ninety days after closing the facility that
the facility has complied with the closure performance standards of paragraph
(A)(8)(c) or (A)(8)(d) of this rule. If the facility cannot meet the closure
performance standards of paragraph (A)(8)(c) or (A)(8)(d) of this rule, notify
Ohio EPA using Ohio EPA form EPA 9029 that the facility shall close as a
landfill under rule 3745-68-10 of the Administrative Code in the case of a
container, tank or containment building units, or for a facility with drip
pads, notify using Ohio EPA form EPA 9029 that the facility shall close under
the standards of paragraph (B) of rule 3745-69-45 of the Administrative
Code. (iii) A large quantity
generator may request additional time to clean close, but the large quantity
generator shall notify Ohio EPA using Ohio EPA form EPA 9029 within
seventy-five days after the date provided in paragraph (A)(8)(b)(i) of this
rule to request an extension and provide an explanation as to why the
additional time is required. (c) Closure performance standards for container, tank systems,
and containment building waste accumulation units. (i) At closure, the
generator shall close the waste accumulation unit or facility in a manner
that: (a) Minimizes the need
for further maintenance by controlling, minimizing, or eliminating, to the
extent necessary to protect human health and the environment, the post-closure
escape of hazardous waste, hazardous constituents, leachate, contaminated
run-off, or hazardous waste decomposition products to the ground water or
surface water or to the atmosphere. (b) Removes or
decontaminates all contaminated equipment, structures, and soil, and any
remaining hazardous waste residues from waste accumulation units including
containment system components (pads, liners, etc.), contaminated soils and
subsoils, bases, and structures and equipment contaminated with waste, unless
paragraph (D) of rule 3745-51-03 of the Administrative Code
applies. (c) Any hazardous waste
generated in the process of closing either the generator's facility or
units accumulating hazardous waste shall be managed in accordance with all
applicable standards of Chapters 3745-52, 3745-53, 3745-65 to 3745-69,
3745-256, and 3745-270 of the Administrative Code, including removing any
hazardous waste contained in these units within ninety days after generating
the hazardous waste, and managing these wastes in a hazardous waste permitted
treatment, storage and disposal facility or a facility operating under permit
by rule. (d) If the generator
demonstrates that any contaminated soils and wastes cannot be practicably
removed or decontaminated as required in paragraph (A)(8)(c)(i)(b) of this
rule, then the waste accumulation unit is considered to be a landfill and the
generator shall close the waste accumulation unit and perform post-closure care
in accordance with the closure and post-closure care requirements that apply to
landfills (rule 3745-68-10 of the Administrative Code). In addition, for the
purposes of closure, post-closure, and financial responsibility, such a waste
accumulation unit is then considered to be a landfill, and the generator shall
meet all of the requirements for landfills specified in rules 3745-66-10 to
3745-66-21 and rules 3745-66-40 to 66-48 of the Administrative
Code. (d) Closure performance standards for drip pad waste accumulation
units. At closure, the generator shall comply with the closure requirements of
paragraphs (A)(8)(b) and (A)(8)(c)(i)(a) and (A)(8)(c)(i)(c) of this rule, and
paragraphs (A) and (B) of rule 3745-69-45 of the Administrative
Code. (e) The closure requirements of paragraph (A)(8) of this rule do
not apply to satellite accumulation areas. (9) Land disposal
restrictions. The large quantity generator complies with all applicable
requirements in Chapter 3745-270 of the Administrative Code. (B) Accumulation time limit extension. A
large quantity generator who accumulates hazardous waste for more than ninety
days is subject to the requirements of Chapters 3745-50, 3745-54 to 3745-57,
3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of
regulated waste activity, unless the large quantity generator has been granted
an extension to the ninety-day period. Such extension may be granted by the
director if hazardous wastes shall remain on-site for longer than ninety days
due to unforeseen, temporary, and uncontrollable circumstances. An extension of
up to thirty days may be granted at the discretion of the director on a
case-by-case basis. (C) Accumulation of F006. A large
quantity generator who also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the EPA
hazardous waste number F006 may accumulate F006 waste on-site for more than
ninety days, but not more than one hundred eighty days without being subject to
Chapters 3745-50, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256,
and 3745-266 of the Administrative Code and the requirement to notify Ohio EPA
or U.S. EPA of regulated waste activity, provided that the large quantity
generator complies with all of the following additional conditions for
exemption: (1) The large quantity
generator has implemented pollution prevention practices that reduce the amount
of any hazardous substances, pollutants, or contaminants entering F006 or
otherwise released to the environment prior to the F006 waste's
recycling; (2) The F006 waste is
legitimately recycled through metals recovery; (3) No more than twenty
thousand kilograms of F006 waste is accumulated on-site at any one time;
and (4) The F006 waste is
managed in accordance with the following: (a) (i) If the F006 waste is
placed in containers, the large quantity generator shall comply with the
applicable conditions for exemption in paragraph (A)(1) of this rule;
or (ii) If the F006 is
placed in tanks, the large quantity generator shall comply with the applicable
conditions for exemption of paragraph (A)(2) of this rule; (iii) If the F006 is
placed in containment buildings, the large quantity generator shall comply with
rules 3745-256-100 to 3745-256-102 of the Administrative Code, and has placed
the large quantity generator's professional engineer certification that
the building complies with the design standards specified in rule 3745-256-101
of the Administrative Code in the facility's files prior to operation of
the unit. The large quantity generator shall maintain the following
records: (a) A written description
of procedures to ensure that the F006 waste remains in the unit for no more
than one hundred eighty days, a written description of the waste generation and
management practices for the facility showing that the practices are consistent
with the one hundred eighty-day limit, and documentation that the large
quantity generator is complying with the procedures; or (b) Documentation that
the unit is emptied at least once every one hundred eighty days. (b) The large quantity generator is exempt from all the
requirements in rules 3745-66-10 to 3745-66-21 and 3745-66-40 to 3745-66-48 of
the Administrative Code, except for those referenced in paragraph (A)(8) of
this rule; (c) The date upon which each period of accumulation begins is
clearly marked and is clearly visible for inspection on each
container; (d) While being accumulated on-site, each container and tank is
labeled or marked clearly with: (i) The words
"Hazardous Waste;" and (ii) An indication of the
hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristics (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the department of
transportation requirements at 49 CFR Part 172 subpart E (labeling) or subpart
F (placarding); a hazard statement or pictogram consistent with the
occupational safety and health administration hazard communication standard at
29 CFR 1910.1200; or a chemical hazard label consistent with the national fire
protection association code 704]. (e) The large quantity generator complies with the requirements
in paragraphs (A)(6) and (A)(7) of this rule. (D) F006 transported over two hundred
miles. A large quantity generator who also generates wastewater treatment
sludges from electroplating operations that meet the listing description for
the EPA hazardous waste number F006, and who must transport this waste, or
offer this waste for transportation, over a distance of two hundred miles or
more for off-site metals recovery, may accumulate F006 waste on-site for more
than ninety days, but not more than two hundred seventy days without being
subject to Chapters 3745-50, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205,
3745-256, and 3745-266 of the Administrative Code, and the requirement to
notify Ohio EPA or U.S. EPA of regulated waste activity, if the large quantity
generator complies with all of the conditions for exemption of paragraphs
(C)(1) to (C)(4) of this rule. (E) F006 accumulation time extension. A
large quantity generator accumulating F006 in accordance with paragraphs (C)
and (D) of this rule who accumulates F006 waste on-site for more than one
hundred eighty days (or for more than two hundred seventy days if the generator
must transport this waste, or offer this waste for transportation, over a
distance of two hundred miles or more), or who accumulates more than twenty
thousand kilograms of F006 waste on-site is an operator of a storage facility
and is subject to the requirements of Chapters 3745-50, 3745-54 to 3745-57,
3745-65 to 3745-69, 3745-205, and 3745-256 of the Administrative Code and the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, unless
the generator has been granted an extension to the one hundred eighty-day (or
two hundred seventy-day if applicable) period or an exception to the twenty
thousand kilogram accumulation limit. Such extensions and exceptions may be
granted by Ohio EPA if F006 waste shall remain on-site for longer than one
hundred eighty days (or two hundred seventy days if applicable) or if more than
twenty thousand kilograms of F006 waste shall remain on-site due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to thirty days
or an exception to the accumulation limit may be granted at the discretion of
the director on a case-by-case basis. (F) Consolidation of hazardous waste
received from very small quantity generators. Large quantity generators may
accumulate or treat on-site hazardous waste received from very small quantity
generators under control of the same "person," as defined in rule
3745-50-10 of the Administrative Code, without a storage permit or permit by
rule and without complying with the requirements of Chapters 3745-50, 3745-54
to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of
the Administrative Code and the requirement to notify Ohio EPA or U.S. EPA of
regulated waste activity, provided that the large quantity generator complies
with the following conditions. "Control," for the purposes of this
rule, means the power to direct the policies of the generator, whether by the
ownership of stock, voting rights, or otherwise, except that contractors who
operate generator facilities on behalf of a different person shall not be
deemed to "control" such generators. (1) The large quantity
generator notifies Ohio EPA at least thirty days prior to receiving the first
shipment from a very small quantity generator using Ohio EPA form EPA 9029;
and (a) Identifies on the form the name and site address for the very
small quantity generator as well as the name and business telephone number for
a contact person for the very small quantity generator; and (b) Submits an updated Ohio EPA form EPA 9029 within thirty days
after a change in the name or site address for the very small quantity
generator. (2) The large quantity
generator maintains records of shipments for three years after the date the
hazardous waste was received from the very small quantity generator. These
records shall identify the name, site address, and contact information for the
very small quantity generator and include a description of the hazardous waste
received, including the quantity and the date the waste was
received. (3) The large quantity
generator complies with the independent requirements identified in paragraph
(A)(1)(c) of rule 3745-52-10 of the Administrative Code and the conditions for
exemption in this rule for all hazardous waste received from a very small
quantity generator. For purposes of the labeling and marking requirements in
paragraph (A)(5) of this rule, the large quantity generator shall label the
container or unit with the date accumulation started (i.e., the date the
hazardous waste was received from the very small quantity generator). If the
large quantity generator is consolidating incoming hazardous waste from a very
small quantity generator with either the large quantity generator's
hazardous waste or with hazardous waste from other very small quantity
generators, the large quantity generator shall label each container or unit
with the earliest date any hazardous waste in the container was accumulated or
treated on-site. (G) Rejected load. A large quantity
generator who sends a shipment of hazardous waste to a designated facility with
the understanding that the designated facility can accept and manage the waste
and later receives that shipment back as a rejected load or residue in
accordance with the manifest discrepancy provisions of rule 3745-54-72 or
3745-65-72 of the Administrative Code may accumulate the returned waste on-site
in accordance with paragraphs (A) and (B) of this rule. Upon receipt of the
returned shipment, the generator shall: (1) Sign item 18c of the
manifest, if the transporter returned the shipment using the original manifest;
or (2) Sign item 20 of the
manifest, if the transporter returned the shipment using a new
manifest. [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 9:07 AM
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Rule 3745-52-18 | U.S. EPA identification numbers and re-notification for small quantity generators and large quantity generators.
Effective:
October 5, 2020
(A) A generator shall not treat, store,
dispose of, transport, or offer for transportation hazardous waste without
having received a U.S. EPA identification number from U.S. EPA or Ohio
EPA. (B) A generator who has not received a
U.S. EPA identification number shall obtain one by applying to Ohio EPA using
Ohio EPA form EPA 9029. Upon receiving the request, Ohio EPA shall assign a
U.S. EPA identification number to the generator. (C) A generator shall not offer the
generator's hazardous waste to transporters or to treatment, storage, or
disposal facilities that have not received a U.S. EPA identification
number. (D) Re-notification. (1) A small quantity
generator shall re-notify Ohio EPA starting in 2021 and every four years
thereafter using Ohio EPA form EPA 9029. This re-notification shall be
submitted by September first of each year in which re-notifications are
required. (2) A large quantity
generator shall re-notify Ohio EPA by March first of each even-numbered year
thereafter using Ohio EPA form EPA 9029. A large quantity generator may submit
this re-notification as part of the biennial report required under rule
3745-52-41 of the Administrative Code. (E) A recognized trader shall not arrange
for import or export of hazardous waste without having received a U.S. EPA
identification number. [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 3745-52-20 | Manifest - general requirements.
Effective:
October 5, 2020
(A) Use requirements. (1) A generator who
transports, or offers for transport a hazardous waste for offsite treatment,
storage, or disposal, or a treatment, storage, or disposal facility who offers
for transport a rejected hazardous waste load, shall prepare a manifest
("OMB" control number 2050-0039) on U.S. EPA form 8700-22, and if
necessary, U.S. EPA form 8700-22A (the continuation sheet). (2) [Reserved.] (3) Electronic manifest.
In lieu of using the manifest form specified in paragraph (A)(1) of this rule,
a person required to prepare a manifest under paragraph (A)(1) of this rule may
prepare and use an electronic manifest, provided that the person does the
following: (a) Complies with rule 3745-52-24 of the Administrative
Code for use of electronic manifests. (b) Complies with 40 C.F.R. 3.10 for the reporting of
electronic documents to U.S. EPA. (B) The generator shall designate on the
manifest one facility which is permitted to handle the waste described on the
manifest. (C) The generator may also designate on
the manifest one alternate facility which is permitted to handle the waste in
the event an emergency prevents delivery of the waste to the primary designated
facility. (D) If the transporter is unable to
deliver the hazardous waste to the designated facility or the alternate
facility, the generator shall either designate another facility or instruct the
transporter to return the waste. (E) Rules 3745-52-20 to 3745-52-57 of the
Administrative Code do not apply to hazardous waste produced by generators of
greater than one hundred kilograms but less than one thousand kilograms of
hazardous waste in a calendar month where both of the following
apply: (1) The waste is
reclaimed under a contractual agreement pursuant to which both of the following
apply: (a) The type of waste and frequency of shipments are specified in
the agreement. (b) The vehicle used to transport the waste to the recycling
facility and to deliver regenerated material back to the generator is owned and
operated by the reclaimer of the waste. (2) The generator
maintains a copy of the reclamation agreement in the files for a period of at
least three years after termination or expiration of the
agreement. (F) Rules 3745-52-20 to 3745-52-27 of the
Administrative Code and paragraph (B) of rule 3745-52-32 of the Administrative
Code do not apply to the transport of hazardous wastes on a public or private
right-of-way within or along the border of contiguous property under the
control of the same person, even if such contiguous property is divided by a
public or private right-of-way. Notwithstanding paragraph (A) of rule
3745-53-10 of the Administrative Code, the generator or transporter shall
comply with the requirements for transporters in rules 3745-53-30 and
3745-53-31 of the Administrative Code in the event of a discharge of hazardous
waste on a public or private right-of-way. [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 3745-52-21 | Manifest tracking numbers, manifest printing, and obtaining manifests.
Effective:
September 29, 2021
(A) A registrant may not print, or have
printed, the manifest for use or distribution unless the registrant has
received approval from U.S. EPA pursuant to 40 CFR 262.21. (B) Ohio EPA will recognize decisions of
U.S. EPA regarding manifest tracking numbers, manifest printing, and obtaining
manifests under 40 CFR 262.21. Ohio EPA has no additional requirements
regarding manifest tracking numbers, manifest printing, or obtaining manifests
other than those in 40 CFR 262.21. [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 8:45 AM
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Rule 3745-52-22 | Manifest-number of copies.
Effective:
April 15, 1981
Promulgated Under:
Ch 119.
The manifest shall consist of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
7/27/1980
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Rule 3745-52-23 | Use of the manifest.
Effective:
February 12, 2018
(A) The generator shall do all of the
following: (1) Sign the manifest
certification by hand. (2) Obtain the
handwritten signature of the initial transporter and date of acceptance on the
manifest. (3) Retain one copy, in
accordance with paragraph (A) of rule 3745-52-40 of the Administrative
Code. (B) The generator shall give the
transporter the remaining copies of the manifest. (C) For shipment of hazardous waste
within the United States solely by water (bulk shipments only), the generator
shall send three copies of the manifest dated and signed in accordance with
this rule to the owner or operator of the designated facility or the last water
(bulk shipment) transporter to handle the waste in the United States, if
transported by water. Copies of the manifest are not required for each
transporter. (D) For rail shipments of hazardous waste
within the United States which originate at the site of generation, the
generator shall send at least three copies of the manifest dated and signed in
accordance with this rule to any of the following: (1) The next non-rail
transporter, if any. (2) The designated
facility if transported solely by rail. (3) The last rail
transporter to handle the waste in the United States if exported by
rail. (E) For shipments of hazardous waste to a
designated facility in another state that is authorized pursuant to 40 CFR Part
271 but has not yet obtained authorization to regulate that particular waste as
hazardous, the generator shall assure that the designated facility agrees to
sign and return the manifest to the generator, and that any out-of-state
transporter signs and forwards the manifest to the designated
facility. [Comment: See rule 3745-53-20 of the
Administrative Code for special provisions for rail or water (bulk shipment)
transporters.] (F) For rejected shipments of hazardous
waste or container residues contained in non-empty containers that are returned
to the generator by the designated facility [following the procedures of
paragraph (F) of rule 3745-54-72 or paragraph (F) of rule 3745-65-72 of the
Administrative Code], the generator shall do all of the following: (1) Sign either of the
following: (a) Item 20 of the new manifest if a new manifest is used for the
returned shipment. (b) Item 18c of the original manifest if the original manifest is
used for the returned shipment. (2) Provide the
transporter a copy of the manifest. (3) Within thirty days
after delivery of the rejected shipment or container residues contained in
non-empty containers, send a copy of the manifest to the designated facility
that returned the shipment to the generator. (4) Retain at the
generator's site a copy of each manifest for at least three years after
the date of delivery. [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 3745-52-24 | Use of the electronic manifest.
Effective:
October 5, 2020
(A) Legal equivalence to paper manifests.
Electronic manifests that are obtained, completed, and transmitted in
accordance with paragraph (A)(3) of rule 3745-52-20 of the Administrative Code,
and used in accordance with this rule in lieu of U.S. EPA forms 8700-22 and
8700-22A, are the legal equivalent of paper manifest forms bearing handwritten
signatures, and satisfy for all purposes any requirement in the hazardous waste
rules to obtain, complete, sign, provide, use, or retain a
manifest. (1) Any requirement in
the hazardous waste rules to sign a manifest or manifest certification by hand,
or to obtain a handwritten signature, is satisfied by signing with or obtaining
a valid and enforceable electronic signature within the meaning of 40 C.F.R.
262.25(a). (2) Any requirement in
the hazardous waste rules to give, provide, send, forward, or return to another
person a copy of the manifest is satisfied when an electronic manifest is
transmitted to the other person by submittal to the electronic manifest
system. (3) Any requirement in
the hazardous waste rules for a generator to keep or retain a copy of each
manifest is satisfied by retention of a signed electronic manifest in the
generator's account on the national e-manifest system, provided that such
copies are readily available to view and produce if requested by any U.S. EPA
or Ohio EPA inspector. (4) No generator may be
held liable for the inability to produce an electronic manifest for inspection
under this rule if the generator can demonstrate that the inability to produce
the electronic manifest is due exclusively to a technical difficulty with the
electronic manifest system for which the generator bears no
responsibility. (B) A generator may participate in the
electronic manifest system either by accessing the electronic manifest system
from the generator's own electronic equipment, or by accessing the
electronic manifest system from portable equipment brought to the
generator's site by the transporter who accepts the hazardous waste
shipment from the generator for off-site transportation. (C) Restriction on use of electronic
manifests. A generator may use an electronic manifest for the tracking of waste
shipments involving any hazardous waste only if known at the time the manifest
is originated that all waste handlers named on the manifest participate in the
use of the electronic manifest, except as follows: (1) A generator may sign
by hand and retain a paper copy of the manifest signed by hand by the initial
transporter, in lieu of executing the generator copy electronically, thereby
enabling the transporter and subsequent waste handlers to execute the remainder
of the manifest copies electronically. (2) [Reserved.] (D) Requirement for one printed copy. To
the extent the hazardous materials regulation on shipping papers for carriage
by public highway requires shippers of hazardous materials to supply a paper
document for compliance with 49 C.F.R. 177.817, a generator who originates an
electronic manifest also shall provide the initial transporter with one printed
copy of the electronic manifest. (E) Special procedures when electronic
manifest is unavailable. If a generator has prepared an electronic manifest for
a hazardous waste shipment, but the electronic manifest system becomes
unavailable for any reason prior to the time that the initial transporter has
signed electronically to acknowledge the receipt of the hazardous waste from
the generator, then the generator shall obtain and complete a paper manifest
and, if necessary, a continuation sheet (U.S. EPA forms 8700-22 and 8700-22A)
in accordance with the manifest instructions, and use these paper forms from
this point forward in accordance with rule 3745-52-23 of the Administrative
Code. (F) Special procedures for electronic
signature methods undergoing tests. If a generator has prepared an electronic
manifest for a hazardous waste shipment, and signs this manifest electronically
using an electronic signature method which is undergoing pilot or demonstration
tests aimed at demonstrating the practicality or legal dependability of the
signature method, then the generator also shall sign with an ink signature the
generator or offeror certification on the printed copy of the manifest provided
under paragraph (D) of this rule. (G) [Reserved.] (H) Post-receipt manifest data
corrections. After facilities have certified to the receipt of hazardous wastes
by signing item 20 of the manifest, any post-receipt data corrections may be
submitted at any time by any interested person (e.g., waste handler) named on
the manifest. Generators may participate electronically in the post-receipt
data corrections process by following the process described in paragraph (L) of
rule 3745-54-71 of the Administrative Code, which applies to corrections made
to either paper or electronic manifest records. [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 3745-52-25 | Electronic manifest signatures.
Effective:
October 5, 2020
Electronic signature methods for the e-manifest
system shall be all of the following: (A) Be a legally valid and enforceable
signature under 40 C.F.R. 262.25(a). (B) Be a method that is designed and
implemented in a manner that U.S. EPA considers to be as cost-effective and
practical as possible for the users of the manifest. [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 3745-52-27 | Waste minimization certification.
Effective:
February 16, 2009
A generator who initiates a shipment of hazardous waste must certify to one of the following statements in item 15 of the uniform hazardous waste manifest: (A) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;" or (B) "I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford."
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Rule 3745-52-30 | Packaging.
Effective:
October 31, 2015
Before transporting hazardous wastes or offering hazardous wastes for transportation off-site, the generator shall package the waste in accordance with the applicable United States department of transportation regulations on packaging, under 49 CFR Part 173, 49 CFR Part 178, and 49 CFR Part 179.
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Rule 3745-52-31 | Labeling.
Effective:
April 15, 1981
Promulgated Under:
Ch 119.
Before transporting hazardous wastes or offering hazardous wastes for transportation off-site, the generator shall label each package of hazardous waste in accordance with the applicable United States department of transportation regulations on hazardous materials under 49 CFR Part 172.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-52-32 | Marking.
Effective:
October 5, 2020
(A) Before transporting hazardous wastes
or offering hazardous waste for transportation off-site, the generator shall
mark each package of hazardous waste in accordance with the applicable United
States department of transportation regulations on hazardous materials under 49
C.F.R. Part 172. (B) Before transporting hazardous waste
or offering hazardous waste for transportation off-site, a generator shall mark
each container of one hundred nineteen gallons or less used in such
transportation with all of the following words and information displayed in
accordance with 49 C.F.R. 172.304: (1) Hazardous waste -
Federal law prohibits improper disposal. If found, contact the nearest police
or public safety authority or the United States environmental protection
agency. (2) Generator's name
and address. (3) Generator's U.S.
EPA identification number. (4) Manifest tracking
number. (5) EPA hazardous waste
numbers. (C) A generator may use a nationally
recognized electronic system, such as bar coding, to identify the EPA hazardous
waste numbers, as required by paragraph (B)(5) or (D) of this rule.
(D) Lab packs to be incinerated in
compliance with paragraph (C) of rule 3745-270-42 of the Administrative Code
are not required to be marked with EPA hazardous waste numbers, except D004,
D005, D006, D007, D008, D010, and D011, where applicable. [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 3745-52-33 | Placarding.
Effective:
February 16, 2009
Before transporting hazardous wastes or offering hazardous wastes for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to United States department of transportation regulations for hazardous materials under 49 CFR Part 172 subpart F. [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 3745-52-35 | Liquids in landfills prohibition.
Effective:
October 5, 2020
The placement of bulk or non-containerized liquid
hazardous waste or hazardous waste containing free liquids (whether or not
sorbents have been added) in any landfill is prohibited. Prior to disposal in a
hazardous waste landfill, liquids shall meet additional requirements as
specified in rules 3745-57-14 and 3745-68-14 of the Administrative Code.
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Rule 3745-52-40 | Recordkeeping.
Effective:
October 5, 2020
(A) A generator shall keep a copy of each
manifest signed in accordance with paragraph (A) of rule 3745-52-23 of the
Administrative Code for three years or until the generator receives a signed
copy from the designated facility which received the waste. This signed copy
shall be retained as a record for at least three years after the date the waste
was accepted by the initial transporter. (B) A generator shall keep a copy of each
biennial report and exception report for a period of at least three years after
the due date of the report. (C) See paragraph (F) of rule 3745-52-11
of the Administrative Code for recordkeeping requirements for documenting
hazardous waste determinations. (D) The periods of retention referred to
in this rule are extended automatically during the course of any unresolved
enforcement action regarding the regulated activity or as requested by the
director.
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Rule 3745-52-41 | Biennial report for large quantity generators.
Effective:
October 5, 2020
(A) A generator who is a large quantity
generator for at least one month of an odd-numbered year (reporting year) who
ships any hazardous waste off-site to a treatment, storage, or disposal
facility within the United States shall complete and submit the hazardous waste
biennial report using Ohio EPA forms EPA 9027, EPA 9028, and EPA 9029 by March
first of the following even-numbered year and shall cover generator activities
during the previous year. (B) Any generator who is a large quantity
generator for at least one month of an odd-numbered year (reporting year) who
treats, stores, or disposes of hazardous waste on-site shall complete and
submit the hazardous waste biennial report using Ohio EPA forms EPA 9027, EPA
9028, and EPA 9029 by March first of the following even-numbered year covering
those wastes in accordance with rules 3745-50-40 to 3745-50-235 and Chapters
3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the
Administrative Code. This requirement also applies to large quantity generators
that receive hazardous waste from very small quantity generators pursuant to
paragraph (F) of rule 3745-52-17 of the Administrative Code. (C) Exports of hazardous waste to foreign
countries are not required to be reported on the biennial report form. A
separate annual report requirement is provided in 40 C.F.R. 262.83(g) for
hazardous waste exporters. [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 3745-52-42 | Exception report.
Effective:
September 29, 2021
(A) (1) A generator of one
thousand kilograms or greater of hazardous waste in a calendar month, or
greater than one kilogram of acute hazardous waste listed in rule 3745-51-31 or
paragraph (E) of rule 3745-51-33 of the Administrative Code in a calendar
month, who does not receive a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within
thirty-five days after the date the waste was accepted by the initial
transporter, shall contact the transporter or the owner or operator of the
designated facility to determine the status of the hazardous
waste. (2) A generator of one
thousand kilograms or greater of hazardous waste in a calendar month, or
greater than one kilogram of acute hazardous waste listed in rule 3745-51-31 or
paragraph (E) of rule 3745-51-33 of the Administrative Code in a calendar month
shall submit an exception report to Ohio EPA if he has not received a copy of
the manifest with the handwritten signature of the owner or operator of the
designated facility within forty-five days after the date the waste was
accepted by the initial transporter. The exception report shall
include: (a) A legible copy of the manifest for which the generator does
not have confirmation of delivery; and (b) A cover letter signed by the generator or his authorized
representative explaining the efforts taken to locate the hazardous waste and
the results of those efforts. (B) A generator of greater than one
hundred kilograms but less than one thousand kilograms of hazardous waste in a
calendar month who does not receive a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within sixty days
after the date the waste was accepted by the initial transporter shall submit
to Ohio EPA a legible copy of the manifest, with some indication that the
generator has not received confirmation of delivery. [Comment: The submittal to Ohio EPA need only be
a legible handwritten or typed note on the manifest itself, or on an attached
sheet of paper, stating that the return copy was not received.] (C) For rejected shipments of hazardous
waste or container residues contained in non-empty containers that are
forwarded to an alternate facility by a designated facility using a new
manifest [following the procedures of paragraphs (E)(1) to (E)(6) of rule
3745-54-72 or paragraphs (E)(1) to (E)(6) of rule 3745-65-72 of the
Administrative Code], the generator shall comply with the requirements of
paragraph (A) or (B) of this rule, as applicable, for the shipment that
forwards the material from the designated facility to the alternate facility
instead of for the shipment from the generator to the designated facility. For
purposes of paragraph (A) or (B) of this rule, for a shipment that forwards
such waste to an alternate facility by a designated facility: (1) The copy of the
manifest received by the generator shall have the handwritten signature of the
owner or operator of the alternate facility in place of the signature of the
owner or operator of the designated facility; and (2) The thirty-five day,
forty-five day, or sixty day timeframes begin on the date the waste was
accepted by the initial transporter who forwards the hazardous waste shipment
from the designated facility to the alternate facility.
Last updated September 29, 2021 at 8:46 AM
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Rule 3745-52-43 | Additional reports.
Effective:
September 29, 2021
Upon request of the director, the generator shall
furnish additional reports concerning the quantities and disposition of wastes
identified or listed in Chapter 3745-51 of the Administrative Code.
Last updated September 29, 2021 at 8:46 AM
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Rule 3745-52-44 | Recordkeeping for small quantity generators.
Effective:
October 5, 2020
A small quantity generator is subject only to the
following independent requirements in rules 3745-52-40 to 3745-52-44 of the
Administrative Code: (A) Paragraphs (A), (C), and (D) of rule
3745-52-40 of the Administrative Code, recordkeeping. (B) Paragraph (B) of rule 3745-52-42 of
the Administrative Code, exception reporting. (C) Rule 3745-52-43 of the Administrative
Code, additional reporting.
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Rule 3745-52-70 | Farmers.
Effective:
February 16, 2009
A farmer disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with the standards in Chapter 3745-52 of the Administrative Code or other standards in Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, or 3745-270, or rules 3745-50-40 to 3745-50-235 of the Administrative Code for those wastes provided he triple rinses each emptied pesticide container in accordance with paragraph (B)(3) of rule 3745-51-07 of the Administrative Code and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label.
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Rule 3745-52-80 | Applicability - transboundary movement of hazardous waste for recovery or disposal.
Effective:
October 5, 2020
(A) This rule and 40 C.F.R. Part 262
subpart H apply to transboundary movements of hazardous wastes. (B) Any person (including exporter,
importer, disposal facility operator, or recovery facility operator) who mixes
two or more wastes (including hazardous and non-hazardous wastes) or otherwise
subjects two or more wastes (including hazardous and non-hazardous wastes) to
physical or chemical transformation operations, and thereby creates a new
hazardous waste, becomes a generator and assumes all subsequent generator
duties under Ohio hazardous waste laws and any exporter duties, if applicable,
under this rule and 40 C.F.R. Part 262 subpart H. [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 3745-52-200 | Definitions- university labs.
Effective:
October 5, 2020
The following definitions apply to rules
3745-52-200 to 3745-52-216 of the Administrative Code: (A) "College" or "university" means a
private or public, post-secondary, degree-granting, academic institution, that
is accredited by an accrediting agency listed annually by the U.S. department
of education. (B) "Eligible academic entity" means a college or
university, or a non-profit research institute that is owned by or has a formal
written affiliation agreement with a college or university, or a teaching
hospital that is owned by or has a formal written affiliation agreement with a
college or university. (C) "Formal written affiliation agreement for a
non-profit research institute" means a written document that establishes a
relationship between institutions for the purposes of research or education and
is signed by an "authorized representative of a facility," as defined
in rule 3745-50-10 of the Administrative Code, from each institution. A
relationship on a project-by-project or grant-by-grant basis is not considered
a formal written affiliation agreement. (D) "A formal written affiliation agreement for a
teaching hospital" means a master affiliation agreement and program letter
of agreement, as defined by the "Accreditation Council for Graduate
Medical Education," with an accredited medical program or medical
school. (E) "Laboratory" means an area owned by an
eligible academic entity where relatively small quantities of chemicals and
other substances are used on a non-production basis for teaching or research
(or diagnostic purposes at a teaching hospital) and are stored and used in
containers that are easily manipulated by one person. Photo laboratories, art
studios, and field laboratories are considered laboratories. Areas such as
chemical stockrooms and preparatory laboratories that provide a support
function to teaching or research laboratories (or diagnostic laboratories at
teaching hospitals) are also considered laboratories. (F) "Laboratory clean-out" means an evaluation of
the inventory of chemicals and other materials in a laboratory that are no
longer needed or that have expired and the subsequent removal of those
chemicals or other unwanted materials from the laboratory. A clean-out may
occur for several reasons. It may be on a routine basis (e.g., at the end of a
semester or academic year) or as a result of a renovation, relocation, or
change in laboratory supervisor or occupant. A regularly scheduled removal of
unwanted material as required by rule 3745-52-208 of the Administrative Code
does not qualify as a laboratory clean-out. (G) "Laboratory worker" means a person who
handles chemicals or unwanted material in a laboratory and may include, but is
not limited to, faculty, staff, post-doctoral fellows, interns, researchers,
technicians, supervisors or managers, and principal investigators. A person
does not need to be paid or otherwise compensated for work in the laboratory to
be considered a laboratory worker. Undergraduate and graduate students in a
supervised classroom setting are not laboratory workers. (H) "Non-profit research institute" means an
organization that conducts research as the organization's primary function
and files as a non-profit organization under the tax code of 26 U.S.C.
501(c)(3). (I) "Reactive acutely hazardous unwanted
material" means an unwanted material that is one of the acutely hazardous
commercial chemical products listed in paragraph (E) of rule 3745-51-33 of the
Administrative Code for reactivity. (J) "Teaching hospital" means a hospital that
trains students to become physicians, nurses, or other health or laboratory
personnel. (K) "Trained professional" means a person who has
completed the applicable hazardous waste training requirements of rule
3745-52-17 of the Administrative Code for large quantity generators, or is
knowledgeable about normal operations and emergencies in accordance with rule
3745-52-16 of the Administrative Code for small quantity generators and very
small quantity generators. A trained professional may be an employee of the
eligible academic entity or may be a contractor or vendor who meets the
requisite training requirements. (L) "Unwanted material" means any chemical,
mixtures of chemicals, products of experiments, or other material from a
laboratory that is no longer needed, wanted, or usable in the laboratory and
that is destined for hazardous waste determination by a trained professional.
Unwanted materials include reactive acutely hazardous unwanted materials and
materials that may eventually be determined not to be waste pursuant to rule
3745-51-02 of the Administrative Code, or a hazardous waste pursuant to rule
3745-51-03 of the Administrative Code. If an eligible academic entity elects to
use another equally effective term in lieu of unwanted material, as allowed by
paragraph (A)(1)(a) of rule 3745-52-206 of the Administrative Code, the equally
effective term has the same meaning and is subject to the same requirements as
unwanted material under rules 3745-52-200 to 3745-52-216 of the Administrative
Code. (M) "Working container" means a small container
(i.e., two gallons or less) that is in use at a laboratory bench, hood, or
other work station, to collect unwanted material from a laboratory experiment
or procedure. [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 3745-52-201 | Applicability- university labs.
Effective:
October 5, 2020
(A) Large quantity generators and small
quantity generators. Rules 3745-52-200 to 3745-52-216 of the Administrative
Code provide alternative requirements to rules 3745-52-11 and 3745-52-15 of the
Administrative Code for the hazardous waste determination and accumulation of
hazardous waste in laboratories owned by eligible academic entities that choose
to be subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code,
provided that such generators complete the notification requirements of rule
3745-52-203 of the Administrative Code. (B) Very small quantity generators. Rules
3745-52-200 to 3745-52-216 of the Administrative Code provide alternative
requirements to rule 3745-52-14 of the Administrative Code for the accumulation
of hazardous waste in laboratories owned by eligible academic entities that
choose to be subject to rules 3745-52-200 to 3745-52-216 of the Administrative
Code, provided that such generators complete the notification requirements of
rule 3745-52-203 of the Administrative Code.
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Rule 3745-52-202 | Use of the university lab rules is an option.
Effective:
October 5, 2020
(A) Large quantity generators and small
quantity generators. Eligible academic entities have the option of complying
with rules 3745-52-200 to 3745-52-216 of the Administrative Code with respect
to the eligible academic entity's laboratories, as an alternative to
complying with rules 3745-52-11 and 3745-52-15 of the Administrative
Code. (B) Very small quantity generators.
Eligible academic entities have the option of complying with rules 3745-52-200
to 3745-52-216 of the Administrative Code with respect to the eligible academic
entity's laboratories, as an alternative to complying with the conditional
exemption of rule 3745-52-14 of the Administrative Code.
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Rule 3745-52-203 | How an eligible academic entity indicates it will be subject to the university lab rules.
Effective:
October 5, 2020
(A) An eligible academic entity shall
notify Ohio EPA in writing, using Ohio EPA form EPA 9029, that the eligible
academic entity is electing to be subject to rules 3745-52-200 to 3745-52-216
of the Administrative Code for all the laboratories owned by the eligible
academic entity under the same U.S. EPA identification number. An eligible
academic entity that is a very small quantity generator and does not have a
U.S. EPA identification number shall notify that the eligible academic entity
is electing to be subject to rules 3745-52-200 to 3745-52-216 of the
Administrative Code for all the laboratories owned by the eligible academic
entity that are "on-site," as defined in rule 3745-50-10 of the
Administrative Code. An eligible academic entity shall submit a separate
notification (Ohio EPA form EPA 9029) for each U.S. EPA identification number
(or site, for very small quantity generators) that is electing to be subject to
rules 3745-52-200 to 3745-52-216 of the Administrative Code, and shall submit
the Ohio EPA form EPA 9029 before the eligible academic entity begins to
operate under rules 3745-52-200 to 3745-52-216 of the Administrative
Code. (B) When submitting the Ohio EPA form EPA
9029, the eligible academic entity shall, at a minimum, fill out the following
fields on the form: (1) Reason for
submittal. (2) Site U.S. EPA
identification number (except for very small quantity generators). (3) Site
name. (4) Site location
information. (5) Site land
type. (6) "North American
Industry Classification System" (NAICS) codes for the site. (7) Site mailing
address. (8) Site contact
person. (9) Operator and legal
owner of the site. (10) Type of regulated
waste activity. (11) Certification. (C) An eligible academic entity shall
keep a copy of the notification (Ohio EPA form EPA 9029) on file at the
eligible academic entity for as long as the eligible academic entity's
laboratories are subject to rules 3745-52-200 to 3745-52-216 of the
Administrative Code. (D) A teaching hospital that is not owned
by a college or university shall keep a copy of the teaching hospital's
formal written affiliation agreement with a college or university on file at
the teaching hospital for as long as the teaching hospital's laboratories
are subject to rules 3745-52-200 to 3745-52-216 of the Administrative
Code. (E) A non-profit research institute that
is not owned by a college or university shall keep a copy of the non-profit
research institute's formal written affiliation agreement with a college
or university on file at the non-profit research institute for as long as the
non-profit research institute's laboratories are subject to rules
3745-52-200 to 3745-52-216 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 3745-52-204 | How an eligible academic entity indicates it will withdraw from the university lab rules.
Effective:
October 5, 2020
(A) An eligible academic entity shall
notify Ohio EPA in writing, using Ohio EPA form EPA 9029, that the eligible
academic entity is electing to no longer be subject to rules 3745-52-200 to
3745-52-216 of the Administrative Code for all the laboratories owned by the
eligible academic entity under the same U.S. EPA identification number and that
the eligible academic entity shall comply with rules 3745-52-11 and 3745-52-15
of the Administrative Code for small quantity generators and large quantity
generators. An eligible academic entity that is a very small quantity generator
and does not have a U.S. EPA identification number shall notify that the
eligible academic entity is withdrawing from rules 3745-52-200 to 3745-52-216
of the Administrative Code for all the laboratories owned by the eligible
academic entity that are "on-site" as defined in rule 3745-50-10 of
the Administrative Code, and that the eligible academic entity shall comply
with rule 3745-52-14 of the Administrative Code. An eligible academic entity
shall submit a separate notification (Ohio EPA form EPA 9029) for each U.S. EPA
identification number (or site, for very small quantity generators) that is
withdrawing from rules 3745-52-200 to 3745-52-216 of the Administrative Code
and shall submit the Ohio EPA form EPA 9029 before the eligible academic entity
begins to operate under rules 3745-52-11 and 3745-52-15 of the Administrative
Code for small quantity generators and large quantity generators, or rule
3745-52-14 of the Administrative Code for very small quantity
generators. (B) When submitting the Ohio EPA form EPA
9029, the eligible academic entity shall, at a minimum, fill in the following
fields on the form: (1) Reason for
submittal. (2) Site U.S. EPA
identification number (except for very small quantity generators). (3) Site
name. (4) Site location
information. (5) Site land
type. (6) "North American
Industry Classification System" (NAICS) codes for the site. (7) Site mailing
address. (8) Site contact
person. (9) Operator and legal
owner of the site. (10) Type of regulated
waste activity. (11) Certification. (C) An eligible academic entity shall
keep a copy of the withdrawal notice (Ohio EPA form EPA 9029) on file at the
eligible academic entity for three years after the date of the
notification. [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 3745-52-205 | Summary of the university lab rules.
Effective:
February 12, 2018
An eligible academic entity that chooses to be
subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code is not
required to have a permit by rule or a hazardous waste management "Part
B" permit for the accumulation of unwanted material and hazardous waste in
laboratories owned by the eligible academic entity, provided the laboratories
comply with rules 3745-52-200 to 3745-52-216 of the Administrative Code and the
eligible academic entity has a "Laboratory Management Plan" (LMP) in
accordance with rule 3745-52-214 of the Administrative Code that describes how
the laboratories owned by the eligible academic entity shall comply with rules
3745-52-200 to 3745-52-216 of the Administrative Code.
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Rule 3745-52-206 | Labeling and management standards for containers of unwanted material in the laboratory.
Effective:
September 29, 2021
An eligible academic entity shall manage containers
of unwanted material while in the laboratory in accordance with this
rule. (A) Labeling. Label unwanted material as
follows: (1) The following
information shall be affixed or attached to the container: (a) The words "unwanted material" or another equally
effective term that is to be used consistently by the eligible academic entity
and that is identified in "Part I" of the "Laboratory Management
Plan"; and (b) Sufficient information to alert emergency responders to the
contents of the container. Examples of information that would be sufficient to
alert emergency responders to the contents of the container include, but are
not limited to: (i) The name of the
chemicals. (ii) The type or class of
chemical, such as organic solvents or halogenated organic
solvents. (2) The following
information may be affixed or attached to the container, but shall at a minimum
be associated with the container: (a) The date that the unwanted material first began accumulating
in the container, and (b) Information sufficient to allow a trained professional to
properly identify whether an unwanted material is a waste or hazardous waste
and to assign the proper EPA hazardous waste numbers pursuant to rule
3745-52-11 of the Administrative Code. Examples of information that would allow
a trained professional to properly identify whether an unwanted material is a
waste or hazardous waste include, but are not limited to: (i) The name or
description of the chemical contents or composition of the unwanted material,
or, if known, the product of the chemical reaction, (ii) Whether the unwanted
material has been used or is unused, (iii) A description of
the manner in which the chemical was produced or processed, if
applicable. (B) Management of containers in the
laboratory. An eligible academic entity shall properly manage containers of
unwanted material in the laboratory to assure safe storage of the unwanted
material, to prevent leaks, spills, emissions to the air, adverse chemical
reactions, and dangerous situations that may result in harm to human health or
the environment. Proper container management shall include the
following: (1) Containers are
maintained and kept in good condition and damaged containers are replaced,
overpacked, or repaired; and (2) Containers are
compatible with the contents of the containers to avoid reactions between the
contents and the container, and are made of, or lined with, material that is
compatible with the unwanted material so that the container's integrity is
not impaired; and (3) Containers shall be
kept closed at all times, except: (a) When adding, removing, or bulking unwanted material;
or (b) A working container may be open until the end of the
procedure or work shift, or until the working container is full, whichever
comes first, at which time the working container either shall be closed or the
contents shall be emptied into a separate container that is then closed;
or (c) When venting of a container is necessary: (i) The proper operation
of laboratory equipment, such as with in-line collection of unwanted materials
from high performance liquid chromatographs; or (ii) To prevent dangerous
situations, such as build-up of extreme pressure.
Last updated September 29, 2021 at 8:46 AM
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Rule 3745-52-207 | Training.
Effective:
October 5, 2020
An eligible academic entity shall provide training
to all individuals working in a laboratory at the eligible academic entity, as
follows: (A) Training for laboratory workers and
students shall be commensurate with the duties of the laboratory workers and
students so the laboratory workers and students understand rules 3745-52-200 to
3745-52-216 of the Administrative Code and can implement those
rules. (B) An eligible academic entity may
provide training for laboratory workers and students in a variety of ways,
including but not limited to any of the following: (1) Instruction by the
professor or laboratory manager before or during an experiment. (2) Formal classroom
training. (3) Electronic or written
training. (4) On-the-job
training. (5) Written or oral
exams. (C) An eligible academic entity that is a
large quantity generator shall maintain documentation for the durations
specified in paragraph (E) of rule 3745-65-16 of the Administrative Code
demonstrating training for all laboratory workers that is sufficient to
determine whether laboratory workers have been trained. Examples of
documentation demonstrating training may include, but are not limited to, the
following: (1) Sign-in or attendance
sheets for training sessions. (2) Syllabus for training
sessions. (3) Certificate of
training completion. (4) Test
results. (D) A trained professional shall do both
of the following: (1) Accompany the
transfer of unwanted material and hazardous waste when the unwanted material
and hazardous waste is removed from the laboratory. (2) Make the hazardous
waste determination, pursuant to paragraphs (A) to (D) of rule 3745-52-11 of
the Administrative Code, for unwanted material.
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Rule 3745-52-208 | Removing containers of unwanted material from the laboratory.
Effective:
October 5, 2020
(A) Removing containers of unwanted
material on a regular schedule. An eligible academic entity shall do either of
the following: (1) Remove all containers
of unwanted material from each laboratory on a regular interval, not to exceed
twelve months. (2) Remove containers of
unwanted material from each laboratory within twelve months after each
container's accumulation start date. (B) The eligible academic entity shall
specify in "Part I" of the "Laboratory Management Plan"
whether the eligible academic entity shall comply with paragraph (A)(1) or
(A)(2) of this rule for the regular removal of unwanted material from the
eligible academic entity's laboratories. (C) The eligible academic entity shall
specify in "Part II" of the "Laboratory Management Plan"
how the eligible academic entity shall comply with paragraph (A)(1) or (A)(2)
of this rule and develop a schedule for regular removals of unwanted material
from the eligible academic entity's laboratories. (D) Removing containers of unwanted
material when volumes are exceeded. (1) If a laboratory
accumulates a total volume of unwanted material (including reactive acutely
hazardous unwanted material) in excess of fifty-five gallons before the
regularly scheduled removal, the eligible academic entity shall ensure that all
containers of unwanted material in the laboratory (including reactive acutely
hazardous unwanted material) are both: (a) Marked on the label that is associated with the container (or
on the label that is affixed or attached to the container, if that is
preferred) with the date that fifty-five gallons is exceeded. (b) Removed from the laboratory within ten calendar days after
the date that fifty-five gallons was exceeded, or at the next regularly
scheduled removal, whichever comes first. (2) If a laboratory
accumulates more than one quart of liquid reactive acutely hazardous unwanted
material or more than one kilogram (2.2 pounds) of solid reactive acutely
hazardous unwanted material before the regularly scheduled removal, then the
eligible academic entity shall ensure that all containers of reactive acutely
hazardous unwanted material are both: (a) Marked on the label that is associated with the container (or
on the label that is affixed or attached to the container, if that is
preferred) with the date that one quart or one kilogram is
exceeded. (b) Removed from the laboratory within ten calendar days after
the date that one quart or one kilogram was exceeded, or at the next regularly
scheduled removal, whichever comes first.
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Rule 3745-52-209 | Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory.
Effective:
October 5, 2020
(A) Large quantity generators and small
quantity generators. An eligible academic entity shall ensure that a trained
professional makes a hazardous waste determination, pursuant to rule 3745-52-11
of the Administrative Code, for unwanted material in any of the following
areas: (1) In the laboratory
before the unwanted material is removed from the laboratory, in accordance with
rule 3745-52-210 of the Administrative Code. (2) Within four calendar
days after the unwanted material arrives at an on-site central accumulation
area, in accordance with rule 3745-52-211 of the Administrative
Code. (3) Within four calendar
days after the unwanted material arrives at an on-site interim or permitted
treatment, storage, or disposal facility, in accordance with rule 3745-52-212
of the Administrative Code. (B) Very small quantity generators. An
eligible academic entity shall ensure that a trained professional makes a
hazardous waste determination, pursuant to paragraphs (A) to (D) of rule
3745-52-11 of the Administrative Code, for unwanted material in the laboratory
before the unwanted material is removed from the laboratory, in accordance with
rule 3745-52-210 of the Administrative Code.
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Rule 3745-52-210 | Making the hazardous waste determination in the laboratory before the unwanted material is removed from the laboratory.
Effective:
October 5, 2020
If an eligible academic entity makes the hazardous
waste determination pursuant to rule 3745-52-11 of the Administrative Code, for
unwanted material in the laboratory, the eligible academic entity shall comply
with the following: (A) A trained professional shall make the
hazardous waste determination, pursuant to paragraphs (A) to (D) of rule
3745-52-11 of the Administrative Code, before the unwanted material is removed
from the laboratory. (B) If an unwanted material is a
hazardous waste, the eligible academic entity shall do the
following: (1) Write the words
"hazardous waste" on the container label that is affixed or attached
to the container before the hazardous waste may be removed from the
laboratory. (2) Write the appropriate
EPA hazardous waste numbers on the label that is associated with the container
(or on the label that is affixed or attached to the container, if that is
preferred) before the hazardous waste is transported off-site. (3) Count the hazardous
waste toward the eligible academic entity's generator category, pursuant
to rule 3745-52-13 of the Administrative Code, in the calendar month that the
hazardous waste determination was made. (C) A trained professional shall
accompany all hazardous waste that is transferred from the laboratories to an
on-site central accumulation area or on-site interim or permitted treatment,
storage, or disposal facility. (D) When hazardous waste is removed from
the laboratory: (1) Large quantity
generators and small quantity generators shall ensure the hazardous waste is
taken directly from the laboratories to an on-site central accumulation area,
or on-site interim or permitted treatment, storage, or disposal facility, or
transported off-site. (2) Very small quantity
generators shall ensure the hazardous waste is taken directly from the
laboratories to any of the types of facilities listed in rule 3745-52-14 of the
Administrative Code. (E) An unwanted material that is a
hazardous waste is subject to all applicable hazardous waste rules when the
unwanted material is removed from the laboratory.
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Rule 3745-52-211 | Making the hazardous waste determination at an on-site central accumulation area.
Effective:
October 5, 2020
If an eligible academic entity makes the hazardous
waste determination, pursuant to rule 3745-52-11 of the Administrative Code,
for unwanted material at an on-site central accumulation area, the eligible
academic entity shall comply with the following: (A) A trained professional shall
accompany all unwanted material that is transferred from the laboratories to an
on-site central accumulation area. (B) All unwanted material removed from
the laboratories shall be taken directly from the laboratories to the on-site
central accumulation area. (C) The unwanted material becomes subject
to the generator accumulation requirements of rule 3745-52-16 of the
Administrative Code for small quantity generators, or rule 3745-52-17 of the
Administrative Code for large quantity generators, as soon as the unwanted
material arrives in the central accumulation area, except for the
"hazardous waste" labeling conditions of paragraph (B)(6) of rule
3745-52-16 and paragraph (A)(5) of rule 3745-52-17 of the Administrative
Code. (D) A trained professional shall
determine, pursuant to paragraphs (A) to (D) of rule 3745-52-11 of the
Administrative Code, if the unwanted material is a hazardous waste within four
calendar days after the unwanted material arrives at the on-site central
accumulation area. (E) If the unwanted material is a
hazardous waste, the eligible academic entity shall do the
following: (1) Write the words
"hazardous waste" on the container label that is affixed or attached
to the container, within four calendar days after the container arrives at the
on-site central accumulation area and before the hazardous waste may be removed
from the on-site central accumulation area. (2) Write the appropriate
EPA hazardous waste numbers on the container label that is associated with the
container (or on the label that is affixed or attached to the container, if
that is preferred) before the hazardous waste may be treated or disposed of
on-site or transported off-site. (3) Count the hazardous
waste toward the eligible academic entity's generator category, pursuant
to rule 3745-52-13 of the Administrative Code in the calendar month that the
hazardous waste determination was made. (4) Manage the hazardous
waste according to all applicable hazardous waste rules.
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Rule 3745-52-212 | Making the hazardous waste determination at an on-site interim or permitted treatment, storage, or disposal facility.
Effective:
October 5, 2020
If an eligible academic entity makes the hazardous
waste determination pursuant to rule 3745-52-11 of the Administrative Code, for
unwanted material at an on-site interim or permitted treatment, storage, or
disposal facility, that eligible academic entity shall comply with the
following: (A) A trained professional shall
accompany all unwanted material that is transferred from the laboratories to an
on-site interim or permitted treatment, storage, or disposal
facility. (B) All unwanted material removed from
the laboratories shall be taken directly from the laboratories to the on-site
interim or permitted treatment, storage, or disposal facility. (C) The unwanted material becomes subject
to the terms of the eligible academic entity's hazardous waste permit or
interim as soon as the unwanted material arrives in the on-site treatment,
storage or disposal facility. (D) A trained professional shall
determine, pursuant to paragraphs (A) to (D) of rule 3745-52-11 of the
Administrative Code, if the unwanted material is a hazardous waste within four
calendar days after the unwanted material arrives at an on-site interim or
permitted treatment, storage, or disposal facility. (E) If the unwanted material is a
hazardous waste, the eligible academic entity shall do all of the
following: (1) Write the words
"hazardous waste" on the container label that is affixed or attached
to the container within four calendar days after arriving at the on-site
interim or permitted treatment, storage, or disposal facility and before the
hazardous waste may be removed from the on-site interim or permitted treatment,
storage, or disposal facility. (2) Write the appropriate
EPA hazardous waste numbers on the container label that is associated with the
container (or on the label that is affixed or attached to the container, if
that is preferred) before the hazardous waste may be treated or disposed
on-site or transported off-site. (3) Count the hazardous
waste toward the eligible academic entity's generator category, pursuant
to rule 3745-52-13 of the Administrative Code in the calendar month that the
hazardous waste determination was made. (4) Manage the hazardous
waste according to all applicable hazardous waste rules.
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Rule 3745-52-213 | Laboratory clean-outs.
Effective:
October 5, 2020
(A) One time per twelve-month period for
each laboratory, an eligible academic entity may opt to conduct a laboratory
clean-out that is subject to all the applicable requirements of rules
3745-52-200 to 3745-52-216 of the Administrative Code, except
that: (1) If the volume of
unwanted material in the laboratory exceeds fifty-five gallons (or one quart of
liquid reactive acutely hazardous unwanted material or one kilogram of solid
reactive acutely hazardous unwanted material), the eligible academic entity is
not required to remove all unwanted materials from the laboratory within ten
calendar days after exceeding fifty-five gallons (or one quart of liquid
reactive acutely hazardous unwanted material or one kilogram of solid reactive
acutely hazardous unwanted material), as required by rule 3745-52-208 of the
Administrative Code. Instead, the eligible academic entity shall remove all
unwanted materials from the laboratory within thirty calendar days after the
start of the laboratory clean-out. (2) For the purposes of
on-site accumulation, an eligible academic entity is not required to count a
hazardous waste that is an unused commercial chemical product (listed in rules
3745-51-30 to 3745-51-35 of the Administrative Code or exhibiting one or more
characteristics identified in rules 3745-51-20 to 3745-51-24 of the
Administrative Code) generated solely during the laboratory clean-out toward
the eligible academic entity's hazardous waste generator category,
pursuant to rule 3745-52-13 of the Administrative Code. An unwanted material
that is generated prior to the beginning of the laboratory clean-out and is
still in the laboratory at the time the laboratory clean-out commences shall be
counted toward hazardous waste generator category, pursuant to rule 3745-52-13
of the Administrative Code, if the unwanted material is determined to be
hazardous waste. (3) For the purposes of
off-site management, an eligible academic entity shall count all the eligible
academic entity's hazardous waste, regardless of whether the hazardous
waste was counted toward generator category under paragraph (A)(2) of this
rule, and if the eligible academic entity generates more than one kilogram per
month of acute hazardous waste or more than one hundred kilograms per month of
non-acute hazardous waste (i.e., the very small quantity generator limits as
defined in rule 3745-50-10 of the Administrative Code), the hazardous waste is
subject to all applicable hazardous waste rules when the hazardous waste is
transported off-site. (4) An eligible academic
entity shall document the activities of the laboratory clean-out. The
documentation , at a minimum, shall identify the laboratory being cleaned out,
the date the laboratory clean-out begins and ends, and the volume of hazardous
waste generated during the laboratory clean-out. The eligible academic entity
shall maintain the records for a period of three years after the date the
clean-out ends. (B) For all other laboratory clean-outs
conducted during the same twelve-month period, an eligible academic entity is
subject to all the applicable requirements of rules 3745-52-200 to 3745-52-216
of the Administrative Code, including, but not limited to the
following: (1) The requirement to
remove all unwanted materials from the laboratory within ten calendar days
after exceeding fifty-five gallons (or one quart of reactive acutely hazardous
unwanted material), as required by rule 3745-52-208 of the Administrative
Code. (2) The requirement to
count all hazardous waste, including unused hazardous waste, generated during
the laboratory clean-out toward the eligible academic entity's hazardous
waste generator category, pursuant to rule 3745-52-13 of the Administrative
Code.
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Rule 3745-52-214 | Laboratory management plan.
Effective:
October 5, 2020
An eligible academic entity shall develop and
retain a written "Laboratory Management Plan" (LMP), or revise an
existing written plan. The LMP is a site-specific document that describes how
the eligible academic entity shall manage unwanted materials in compliance with
rules 3745-52-200 to 3745-52-216 of the Administrative Code. An eligible
academic entity may write one LMP for all the laboratories owned by the
eligible academic entity that have opted to use rules 3745-52-200 to
3745-52-216 of the Administrative Code, even if the laboratories are located at
sites with different U.S. EPA identification numbers. The LMP shall contain two
parts with a total of nine elements identified in paragraphs (A) and (B) of
this rule. "Part I" of the LMP shall describe procedures for each of
the elements listed in paragraph (A) of this rule. An eligible academic entity
shall implement and comply with the specific provisions developed to address
the elements in "Part I" of the LMP. "Part II" of the LMP
shall describe best management practices for each of the elements listed in
paragraph (B) of this rule. The specific actions taken by an eligible academic
entity to implement each element in "Part II" of the LMP may vary
from the procedures described in the LMP without constituting a violation of
rules 3745-52-200 to 3745-52-216 of the Administrative Code. "Part
II" of the LMP may include additional elements and best management
practices. (A) The eligible academic entity shall
implement and comply with the following specific provisions of "Part
I" of the LMP. "Part I" of the LMP shall be done by the eligible
academic entity: (1) Describe procedures
for container labeling in accordance with paragraph (A) of rule 3745-52-206 of
the Administrative Code, as follows: (a) Identifying whether the eligible academic entity shall use
the term "unwanted material" on the containers in the laboratory. If
not, identify an equally effective term that shall be used in lieu of
"unwanted material" and consistently by the eligible academic entity.
The equally effective term, if used, has the same meaning and is subject to the
same requirements as "unwanted material." (b) Identifying the manner in which information that is
"associated with the container" shall be imparted. (2) Identify whether the
eligible academic entity shall comply with paragraph (A)(1) or (A)(2) of rule
3745-52-208 of the Administrative Code for regularly scheduled removals of
unwanted material from the laboratory. (B) "Part II" of the LMP shall
be done by an eligible academic entity: (1) Describe the intended
best practices for container labeling and management (see the required
standards in rule 3745-52-206 of the Administrative Code). (2) Describe the intended
best practices for providing training for laboratory workers and students
commensurate with the duties of the laboratory workers and students [see the
required standards in paragraph (A) of rule 3745-52-207 of the Administrative
Code]. (3) Describe the intended
best practices for providing training to ensure safe on-site transfers of
unwanted material and hazardous waste by trained professionals [see the
required standards in paragraph (D)(1) of rule 3745-52-207 of the
Administrative Code]. (4) Describe the intended
best practices for removing unwanted material from the laboratory,
including: (a) For regularly scheduled removals. Develop a regular schedule
for identifying and removing unwanted materials from the laboratories [see the
required standards in paragraphs (A)(1) and (A)(2) of rule 3745-52-208 of the
Administrative Code]. (b) For removals when maximum volumes are exceeded: (i) Describe the intended
best practices for removing unwanted materials from the laboratory within ten
calendar days after maximum volumes of unwanted materials have been exceeded
[see the required standards in paragraph (D) of rule 3745-52-208 of the
Administrative Code]. (ii) Describe the
intended best practices for communicating that maximum volumes of unwanted
materials have been exceeded. (5) Describe the intended
best practices for making hazardous waste determinations, including specifying
the duties of the individuals involved in the process (see the required
standards in paragraphs (A) to (D) of rule 3745-52-11 and rules 3745-52-209 to
3745-52-212 of the Administrative Code). (6) Describe the intended
best practices for laboratory clean-outs, if the eligible academic entity plans
to use the incentives for laboratory clean-outs provided in rule 3745-52-213 of
the Administrative Code, including both: (a) Procedures for conducting laboratory clean-outs [see the
required standards in paragraphs (A)(1) to (A)(3) of rule 3745-52-213 of the
Administrative Code]. (b) Procedures for documenting laboratory clean-outs [see the
required standards in paragraph (A)(4) of rule 3745-52-213 of the
Administrative Code]. (7) Describe the intended
best practices for emergency prevention, including all of the
following: (a) Procedures for emergency prevention, notification, and
response, appropriate to the hazards in the laboratory. (b) A list of chemicals that the eligible academic entity has, or
is likely to have, that become more dangerous when the expiration date of those
chemicals is exceeded or as those chemicals degrade. (c) Procedures to safely dispose of chemicals that become more
dangerous when the expiration date of those chemicals is exceeded or as those
chemicals degrade. (d) Procedures for the timely characterization of unknown
chemicals. (C) An eligible academic entity shall
make the LMP available to laboratory workers, students, or any others at the
eligible academic entity who request it. (D) An eligible academic entity shall
review and revise the LMP as needed.
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Rule 3745-52-215 | Unwanted material that is not waste or hazardous waste.
Effective:
October 23, 2022
(A) If an unwanted material does not meet
the definition of "waste" in rule 3745-51-02 of the Administrative
Code, the unwanted material is no longer subject to rules 3745-52-200 to
3745-52-216 of the Administrative Code or to the hazardous waste
rules. (B) If an unwanted material does not meet
the definition of "hazardous waste" in rule 3745-51-03 of the
Administrative Code, the unwanted material is no longer subject to rules
3745-52-200 to 3745-52-216 of the Administrative Code or to the hazardous waste
rules, but shall be managed in compliance with any other applicable rules or
conditions.
Last updated October 24, 2022 at 8:48 AM
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Rule 3745-52-216 | Non-laboratory hazardous waste generated at an eligible academic entity.
Effective:
October 5, 2020
An eligible academic entity that generates
hazardous waste outside of a laboratory is not eligible to manage that
hazardous waste in accordance with rules 3745-52-200 to 3745-52-216 of the
Administrative Code, and one of the following applies: (A) Such eligible academic entity remains
subject to the generator requirements of rules 3745-52-11 and 3745-52-15 of the
Administrative Code for large quantity generators and small quantity generators
(if the hazardous waste is managed in a satellite accumulation area), and all
other applicable generator requirements of Chapter 3745-52 of the
Administrative Code with respect to that hazardous waste. (B) Such eligible academic entity remains
subject to the conditional exemption of rule 3745-52-14 of the Administrative
Code for very small quantity generators, with respect to that hazardous
waste.
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Rule 3745-52-230 | Applicability - alternative standards for episodic generation.
Effective:
October 5, 2020
Rules 3745-52-230 to 3745-52-233 of the
Administrative Code are applicable to "very small quantity
generators" and "small quantity generators" as defined in rule
3745-50-10 of the Administrative Code.
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Rule 3745-52-231 | Definitions - alternative standards for episodic generation.
Effective:
October 5, 2020
(A) "Episodic event" means an
activity or activities, either planned or unplanned, that does not normally
occur during generator operations, resulting in an increase in the generation
of hazardous wastes that exceeds the calendar month quantity limits for the
generator's usual category. (B) "Planned episodic event"
means an episodic event that the generator planned and prepared for, including
regular maintenance, tank cleanouts, short-term projects, and removal of excess
chemical inventory. (C) "Unplanned episodic event"
means an episodic event that the generator did not plan or reasonably did not
expect to occur, including production process upsets, product recalls,
accidental spills, or "acts of nature," such as tornado, hurricane,
or flood.
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Rule 3745-52-232 | Conditions for generators that manage hazardous waste from an episodic event.
Effective:
October 5, 2020
(A) Very small quantity generator. A very
small quantity generator may maintain the generator's existing generator
category for hazardous waste generated during an episodic event provided that
the generator complies with all of the following conditions: (1) The very small
quantity generator is limited to one episodic event per calendar year, unless a
petition is granted under rule 3745-52-233 of the Administrative
Code. (2) Notification. The
very small quantity generator shall notify Ohio EPA no later than thirty
calendar days prior to initiating a planned episodic event using Ohio EPA form
9029. In the event of an unplanned episodic event, the generator shall notify
Ohio EPA within seventy-two hours after the unplanned event via telephone,
email, or fax and subsequently submit Ohio EPA form 9029. The generator shall
include the start date and end date of the episodic event, the reason for the
event, and types and estimated quantities of hazardous waste expected to be
generated as a result of the episodic event, and shall identify a facility
contact and emergency coordinator with twenty-four-hour telephone access to
discuss the notification submittal or respond to an emergency in compliance
with paragraph (B)(9)(a) of rule 3745-52-16 of the Administrative
Code. (3) U.S. EPA
identification number. The very small quantity generator shall have a U.S. EPA
identification number or obtain a U.S. EPA identification number using Ohio EPA
form 9029. (4) Accumulation. A very
small quantity generator is prohibited from accumulating hazardous waste
generated from an episodic event on drip pads and in containment buildings.
When accumulating hazardous waste in containers and tanks, all of the following
conditions apply: (a) Containers. A very small quantity generator
accumulating in containers shall mark or label the containers with the
following: (i) The words
"Episodic Hazardous Waste." (ii) An indication of the
hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristic (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the department of
transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with the
occupational safety and health administration hazard communication standard at
29 C.F.R. 1910.1200; or a chemical hazard label consistent with the national
fire protection association code 704]. (iii) The date upon which
the episodic event began, clearly visible for inspection on each
container. (b) Tanks. A very small quantity generator accumulating
episodic hazardous waste in tanks shall do all of the following: (i) Mark or label the
tank with the words "Episodic Hazardous Waste." (ii) Mark or label the
tanks with an indication of the hazards of the contents [examples include, but
are not limited to, the applicable hazardous waste characteristic (i.e.,
ignitable, corrosive, reactive, toxic); hazard communication consistent with
the department of transportation requirements at 49 C.F.R. Part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the occupational safety and sealth administration hazard
communication standard at 29 C.F.R. 1910.1200; or a chemical hazard label
consistent with the national fire protection association code
704]. (iii) Use inventory logs,
monitoring equipment or other records to identify the date upon which each
episodic event begins. (iv) Keep on-site and
readily available for inspections the inventory logs or records with the
information required in paragraph (A)(4)(b) of this rule. (c) Hazardous waste shall be managed in a manner that
minimizes the possibility of a fire, explosion, or release of hazardous waste
or hazardous waste constituents to the air, soil, or water, including the
following: (i) Containers shall be
in good condition and compatible with the hazardous waste being accumulated
therein. Containers shall be kept closed except to add or remove
waste. (ii) Tanks shall be in
good condition and compatible with the hazardous waste accumulated therein.
Tanks shall have procedures in place to prevent the overflow (e.g., be equipped
with a means to stop inflow with systems such as a waste feed cutoff system or
bypass system to a standby tank when hazardous waste is continuously fed into
the tank). Tanks shall be inspected at least once each operating day to ensure
all applicable discharge control equipment, such as waste feed cutoff systems,
bypass systems, and drainage systems are in good working order and to ensure
the tank is operated according to the tank's design by reviewing the data
gathered from monitoring equipment such as pressure and temperature gauges from
the inspection. (5) The very small
quantity generator shall comply with the hazardous waste manifest rules
3745-52-20 to 3745-52-27 of the Administrative Code when the very small
quantity generator sends the very small quantity generator's episodic
event hazardous waste off-site to a "designated facility," as defined
in rule 3745-50-10 of the Administrative Code. (6) The very small
quantity generator has up to sixty calendar days from the start of the episodic
event to manifest and send the very small quantity generator's hazardous
waste generated from the episodic event to a "designated facility,"
as defined in rule 3745-50-10 of the Administrative Code. (7) Very small quantity
generators shall maintain all of the following records for three years after
the end date of the episodic event: (a) Beginning and end dates of the episodic
event. (b) A description of the episodic event. (c) A description of the types and quantities of hazardous
wastes generated during the event. (d) A description of how the hazardous waste was managed as
well as the name of the RCRA-designated facility that received the hazardous
waste. (e) Names of hazardous waste transporters. (f) An approval letter from Ohio EPA if the generator
petitioned to conduct one additional episodic event per calendar
year. (B) Small quantity generators. A small
quantity generator may maintain the small quantity generator's existing
generator category during an episodic event provided that the small quantity
generator complies with the following conditions: (1) The small quantity
generator is limited to one episodic event per calendar year unless a petition
is granted under rule 3745-52-233 of the Administrative Code. (2) Notification. The
small quantity generator shall notify Ohio EPA no later than thirty calendar
days prior to initiating a planned episodic event using Ohio EPA form 9029. In
the event of an unplanned episodic event, the small quantity generator shall
notify Ohio EPA within seventy-two hours after the unplanned event via
telephone, email, or fax, and subsequently submit Ohio EPA form 9029. The small
quantity generator shall include the start date and end date of the episodic
event, the reason for the event, types and estimated quantities of hazardous
wastes expected to be generated as a result of the episodic event, and identify
a facility contact and emergency coordinator with twenty-four-hour telephone
access to discuss the notification submittal or respond to
emergency. (3) U.S. EPA
identification number. The small quantity generator shall have a U.S. EPA
identification number or obtain a U.S. EPA identification number using Ohio EPA
form 9029. (4) Accumulation by small
quantity generators. A small quantity generator is prohibited from accumulating
hazardous wastes generated from an episodic event waste on drip pads and in
containment buildings. When accumulating hazardous waste generated from an
episodic event in containers and tanks, the following conditions
apply: (a) Containers. A small quantity generator accumulating
episodic hazardous waste in containers shall meet the standards in paragraph
(B)(2) of rule 3745-52-16 of the Administrative Code and shall mark or label
the small quantity generator's containers with all of the
following: (i) The words
"Episodic Hazardous Waste." (ii) An indication of the
hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristic (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the department of
transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with the
occupational safety and health administration hazard communication standard at
29 C.F.R. 1910.1200; or a chemical hazard label consistent with the national
fire protection association code 704]. (iii) The date upon which
the episodic event began, clearly visible for inspection on each
container. (b) Tanks. A small quantity generator accumulating episodic
hazardous waste in tanks shall meet the standards in paragraph (B)(3) of rule
3745-52-16 of the Administrative Code and shall do all of the
following: (i) Mark or label the
tank with the words "Episodic Hazardous Waste." (ii) Mark or label the
tanks with an indication of the hazards of the contents [examples include, but
are not limited to, the applicable hazardous waste characteristic (i.e.,
ignitable, corrosive, reactive, toxic); hazard communication consistent with
the department of transportation requirements at 49 C.F.R. Part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the occupational safety and health administration hazard
communication standard at 29 C.F.R. 1910.1200; or a chemical hazard label
consistent with the national fire protection association code
704]. (iii) Use inventory logs,
monitoring equipment, or other records to identify the date upon which each
period of accumulation begins and ends. (iv) Keep on-site and
readily available for inspections the inventory logs or records with the
information required in paragraph (B)(4)(b) of this rule. (5) The small quantity
generator shall treat hazardous waste generated from an episodic event on-site
or manifest and ship such hazardous waste off-site to a "designated
facility," as defined in rule 3745-50-10 of the Administrative Code,
within sixty calendar days after the start of the episodic event. (6) The small quantity
generator shall maintain all of the following records for three years after the
end date of the episodic event: (a) Beginning and end dates of the episodic
event. (b) A description of the episodic event. (c) A description of the types and quantities of hazardous
wastes generated during the event. (d) A description of how the hazardous waste was managed as
well as the name of the "designated facility," as defined by rule
3745-50-10 of the Administrative Code, that received the hazardous
waste. (e) Names of hazardous waste transporters. (f) An approval letter from Ohio EPA if the generator
petitioned to conduct one additional episodic event per calendar
year. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-52-233 | Petition to manage one additional episodic event per calendar year.
Effective:
October 5, 2020
(A) A generator may petition the director
for a second episodic event in a calendar year without impacting the
generator's generator category under the following
conditions: (1) If a very small
quantity generator or small quantity generator has already held a planned
episodic event in a calendar year, the generator may petition Ohio EPA for an
additional unplanned episodic event in that calendar year within seventy-two
hours after the unplanned event. (2) If a very small
quantity generator or small quantity generator has already held an unplanned
episodic event in a calendar year, the generator may petition Ohio EPA for an
additional planned episodic event in that calendar year. (B) The petition shall include all of the
following: (1) The reasons why an
additional episodic event is needed and the nature of the episodic
event. (2) The estimated amount
of hazardous waste to be managed from the event. (3) How the hazardous
waste is to be managed. (4) The estimated length
of time needed to complete management of the hazardous waste generated from the
episodic event, not to exceed sixty days. (5) Information regarding
the previous episodic event managed by the generator, including the nature of
the event, whether the episodic event was a planned or unplanned event, and how
the generator complied with the conditions. (C) The petition shall be made to the
director in writing, either on paper or electronically. (D) The generator shall retain written
approval in the generator's records for three years after the date the
episodic event ended.
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Rule 3745-52-250 | Applicability - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
Rules 3745-52-250 to 3745-52-265 of the
Administrative Code apply to those areas of a large quantity generator where
hazardous waste is generated or accumulated on-site.
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Rule 3745-52-251 | Maintenance and operation of facility - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
A large quantity generator shall maintain and
operate the large quantity generator's facility to minimize the
possibility of a fire, explosion, or any unplanned sudden or non-sudden release
of hazardous waste or hazardous waste constituents to air, soil, or surface
water which could threaten human health or the environment.
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Rule 3745-52-252 | Required equipment - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
All areas deemed applicable by rule 3745-52-250 of
the Administative Code shall be equipped with the following items in paragraphs
(A) to (D) of this rule [unless none of the hazards posed by waste handled at
the facility could require a particular kind of equipment specified in
paragraphs (A) to (D) of this rule or the actual hazardous waste generation or
accumulation area does not lend itself for safety reasons to have a particular
kind of equipment specified in paragraphs (A) to (D) of this rule]. A large
quantity generator may determine the most appropriate locations within the
largr quantity generator's facility to locate equipment necessary to
prepare for and respond to emergencies: (A) An internal communications or alarm
system capable of providing immediate emergency instruction (voice or signal)
to facility personnel. (B) 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. (C) 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. (D) Water at adequate volume and pressure
to supply water hose streams, or foam producing equipment, or automatic
sprinklers, or water spray systems.
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Rule 3745-52-253 | Testing and maintenance of equipment - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
All communications or alarm systems, fire
protection equipment, spill control equipment, and decontamination equipment,
where required, shall be tested and maintained as necessary to assure proper
operation in time of emergency.
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Rule 3745-52-254 | Access to communications or alarm system - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
(A) When hazardous waste is being poured,
mixed, spread, or otherwise handled, all personnel involved in the operation
shall have immediate access (e.g., direct or unimpeded 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 by
rule 3745-52-252 of the Administrative Code. (B) In the event there is just one
employee on the premises while the facility is operating, the employee shall
have immediate access (e.g., direct or unimpeded 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 by rule 3745-52-252 of the Administrative
Code.
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Rule 3745-52-255 | Required aisle space - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
The large quantity generator 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.
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Rule 3745-52-256 | Arrangements with local authorities - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
(A) The large quantity generator shall
attempt to make arrangements with the local police department, fire department,
other emergency response teams, emergency response contractors, equipment
suppliers, and local hospitals, taking into account the types and quantities of
hazardous wastes handled at the facility. Arrangements may be made with the
local emergency planning committee, if this organization is determined to be
the appropriate organization with which to make arrangements. (1) A large quantity
generator attempting to make arrangements with the local fire department shall
determine the potential need for the services of the local police department,
other emergency response teams, emergency response contractors, equipment
suppliers, and local hospitals. (2) As part of this
coordination, the large quantity generator shall attempt to make arrangements,
as necessary, to familiarize these organizations with the layout of the
facility, the properties of the hazardous waste handled at the facility and
associated hazards, places where personnel would normally be working, entrances
to roads inside the facility, and possible evacuation routes, as well as the
types of injuries or illnesses which could result from fires, explosions, or
releases at the facility. (3) Where more than one
police department or fire department might respond to an emergency, the large
quantity generator shall attempt to make arrangements designating primary
emergency authority to a specific fire department or police department, and
arrangements with any others to provide support to the primary emergency
authority. (B) The large quantity generator shall
maintain records documenting the arrangements with the local fire department as
well as any other organization necessary to respond to an emergency. This
documentation shall include documentation in the operating record that either
confirms such arrangements actively exist or, in cases where no arrangements
exist, confirms that attempts to make such arrangements were made. (C) A facility possessing
twenty-four-hour response capabilities may seek a waiver from the authority
having jurisdiction over the fire code within the facility's state or
locality as far as needing to make arrangements with the local fire department
as well as any other organization necessary to respond to an emergency,
provided that the waiver is documented in the operating record.
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Rule 3745-52-260 | Purpose and implementation of contingency plan - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
(A) A large quantity generator 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 waste or hazardous
waste constituents to air, soil, or surface water. (B) The provisions of the contingency
plan shall be carried out immediately whenever there is a fire, explosion, or
release of hazardous waste or hazardous waste constituents which could threaten
human health or the environment.
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Rule 3745-52-261 | Content of contingency plan - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
(A) The contingency plan shall describe
the actions facility personnel shall take to comply with rules 3745-52-260 and
3745-52-265 of the Administrative Code in response to fires, explosions, or any
unplanned sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water at the facility. (B) If the generator has already prepared
a "Spill Prevention, Control, and Countermeasures Plan" in accordance
with 40 C.F.R. Part 112, or some other emergency or contingency plan, the
generator need only amend that plan to incorporate hazardous waste management
provisions that are sufficient to comply with the standards of Chapter 3745-52
of the Administrative Code. The generator may develop one contingency plan that
meets all regulatory standards. Ohio EPA recommends that the plan be based on
the "National Response Team's Integrated Contingency Plan
Guidance" ("One Plan"). (C) The contingency plan shall describe
arrangements agreed to with the local police department, fire department, other
emergency response teams, emergency response contractors, equipment suppliers,
local hospitals or, if applicable, the local emergency planning committee,
pursuant to rule 3745-52-256 of the Administrative Code. (D) The contingency plan shall list names
and emergency telephone numbers of all persons qualified to act as emergency
coordinator (see rule 3745-52-264 of the Administrative Code) 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 the emergency coordinators shall assume responsibility as alternates.
In situations where the generator facility has an emergency coordinator
continuously on duty because the facility operates twenty-four hours per day,
every day of the year, the plan may list the staffed position (e.g., operations
manager, shift coordinator, shift operations supervisor) as well as an
emergency telephone number that can be guaranteed to be answered at all
times. (E) 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. (F) The contingency plan shall include an
evacuation plan for generator 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). [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 3745-52-262 | Copies of contingency plan - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
A copy of the contingency plan and all revisions to
the contingency plan shall be maintained at the large quantity generator.
Additional requirements include the following: (A) The large quantity generator shall
submit a copy of the contingency plan and all revisions to all local emergency
responders (i.e., police departments, fire departments, hospitals, and state
and local emergency response teams that may be called upon to provide emergency
services). This document may also be submitted to the local emergency planning
committee, as appropriate. (B) A large quantity generator that first
becomes subject to these provisions after the first effective date of this rule
or a large quantity generator that is otherwise amending the generator's
contingency plan shall at that time submit a quick reference guide of the
contingency plan to the local emergency responders identified at paragraph (A)
of this rule or, as appropriate, the local emergency planning committee. The
quick reference guide shall include all of the following elements: (1) The types or names of
hazardous wastes in layman's terms and the associated hazard associated
with each hazardous waste present at any one time (e.g., toxic paint wastes,
spent ignitable solvent, corrosive acid). (2) The estimated maximum
amount of each hazardous waste that may be present at any one
time. (3) The identification of
any hazardous wastes where exposure would require unique or special treatment
by medical or hospital staff. (4) A map of the facility
showing where hazardous wastes are generated, accumulated, and treated and
routes for accessing these wastes. (5) A street map of the
facility in relation to surrounding businesses, schools, and residential areas
to understand how best to get to the facility and how best to evacuate citizens
and workers. (6) The locations of
water supply (e.g., fire hydrant and the flow rate). (7) The identification of
on-site notification systems (e.g., a fire alarm that rings off-site, smoke
alarms). (8) The name of the
emergency coordinator and seven days a week, twenty-four-hour emergency
telephone number or, in the case of a facility where an emergency coordinator
is continuously on duty, the emergency telephone number for the emergency
coordinator. (C) If necessary, generators shall update
the quick reference guides, when the contingency plan is amended, and shall
submit these documents to the local emergency responders identified in
paragraph (A) of this rule or, as appropriate, to the local emergency planning
committee.
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Rule 3745-52-263 | Amendment of contingency plan - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
The contingency plan shall be reviewed, and
immediately amended if necessary, when any of the following occur: (A) Applicable regulations are
revised. (B) The contingency plan fails in an
emergency. (C) The generator facility changes - in
the generator facility's design, construction, operation, maintenance, or
other circumstances - in a way that materially increases the potential for
fires, explosions, or releases of hazardous waste or hazardous waste
constituents, or changes the response necessary in an emergency. (D) The list of emergency coordinators
changes. (E) The list of emergency equipment
changes.
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Rule 3745-52-264 | Emergency coordinator - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 5, 2020
At all times, there shall be at least one employee
either on the generator's 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 to coordinate all emergency response measures and implement
the necessary emergency procedures outlined in rule 3745-52-265 of the
Administrative Code. Although responsibilities may vary depending on factors
such as type and variety of hazardous waste handled by the generator, as well
as type and complexity of the facility, this emergency coordinator shall be
thoroughly familiar with all aspects of the generator's contingency plan,
all operations and activities at the facility, the location and characteristics
of hazardous waste handled, the location of all records within the facility,
and the facility's layout. In addition, this person shall have the
authority to commit the resources needed to carry out the contingency
plan.
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Rule 3745-52-265 | Emergency procedures - preparedness, prevention, and emergency procedures for large quantity generators.
Effective:
October 23, 2022
(A) When 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: (1) Activate internal
facility alarms or communication systems, where applicable, to notify all
facility personnel; and (2) Notify appropriate
state or local agencies with designated response roles if help is
needed. (B) When 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 by review of the generator's
records or manifests and, if necessary, by chemical analysis. (C) 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). (D) If the emergency coordinator
determines that the facility has had a release, fire, or explosion which could
threaten human health or the environment outside the facility, the emergency
coordinator shall report the findings as follows: (1) If the 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 (2) The emergency
coordinator shall immediately notify either the government official designated
as the on-scene coordinator for that geographical area, or the Ohio EPA spill
hotline at 800/282-9378. The report shall include: (a) Name and telephone number of the person making the
report; (b) Name and address of the generator; (c) Time and type of incident (e.g., release, fire); (d) Name and quantity of materials involved, to the extent
known; (e) The extent of injuries, if any; and (f) The possible hazards to human health or the environment
outside the facility. (E) During an emergency, the emergency
coordinator shall take all reasonable measures necessary to ensure that fires,
explosions, and releases do not occur, recur, or spread to other hazardous
waste at the generator's facility. These measures shall include, where
applicable, stopping processes and operations, collecting and containing
released hazardous waste, and removing or isolating containers. (F) If the generator 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. (G) Immediately after an emergency, the
emergency coordinator shall provide for treating, storing, or disposing of
recovered waste, contaminated soil or surface water, or any other material that
results from a release, fire, or explosion at the facility. Unless the
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 recovered material is a newly generated hazardous waste
that shall be managed in accordance with the applicable requirements and
conditions for exemption in Chapters 3745-52, 3745-53, 3745-65 to 3745-69, and
3745-256 of the Administrative Code. (H) The emergency coordinator shall
ensure that, in the affected areas of the facility: (1) No hazardous waste
that may be incompatible with the released material is treated, stored, or
disposed of until cleanup procedures are completed; and (2) All emergency
equipment listed in the contingency plan is cleaned and fit for the emergency
equpment's intended use before operations are resumed. (I) The generator shall note in the operating record the
time, date, and details of any incident that requires implementation of the
contingency plan. Within fifteen days after the incident, the generator shall
submit a written report on the incident to the director. The report shall
include: (1) Name, address, and telephone number
of the generator; (2) Date, time, and type of incident
(e.g., fire, explosion); (3) Name and quantity of materials
involved; (4) The extent of injuries, if
any; (5) An assessment of actual or potential
hazards to human health or the environment, where this is applicable;
and (6) Estimated quantity and disposition of
recovered material that resulted from the incident.
Last updated October 24, 2022 at 8:49 AM
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