This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 3745-65-01 | Purpose, scope, and applicability of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code.
(A) The purpose of Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code is to establish minimum
standards that define the acceptable management of hazardous waste during the
period of a permit by rule pursuant to paragraph (C) of rule 3745-50-40 of the
Administrative Code until certification of final closure or, if the facility is
subject to post-closure requirements, until post-closure responsibilities are
fulfilled. (B) Except as provided in paragraph (B)
of rule 3745-256-80 of the Administrative Code, the standards of Chapters
3745-65 to 3745-69 and 3745-256, and of rules 3745-57-72, 3745-57-73, and
3745-57-74 of the Administrative Code, apply to: (1) Owners and operators
of facilities that treat, store, or dispose of hazardous waste and are subject
to the permit requirements under rules 3745-50-40 to 3745-50-235 of the
Administrative Code, until final administrative disposition of the permit
application is made pursuant to the "Part B" permit requirements.
These standards apply to all treatment, storage, and disposal of hazardous
waste at these facilities, except as specifically provided otherwise in Chapter
3745-51 of the Administrative Code. (2) Owners and operators
of facilities who have fully complied with the requirements of paragraph (C) of
rule 3745-50-40 of the Administrative Code until final administrative
disposition of the permit application is made pursuant to the "Part
B" permit requirements. These standards apply to all treatment, storage
and disposal of hazardous waste at these facilities, except as specifically
provided otherwise in Chapter 3745-51 of the Administrative Code. (C) Chapters 3745-65 to 3745-69 and
3745-256 of the Administrative Code do not apply to: (1) [Reserved.] (2) [Reserved.] (3) The owner or operator
of a publicly owned treatment works (POTW) which treats, stores, or disposes of
hazardous waste. [Comment: The owner or operator of a facility
in paragraphs (C)(1) to (C)(3) of this rule is subject to Chapters 3745-54 to
3745-57 and 3745-205 of the Administrative Code to the extent such rules are
included in a permit by rule granted to such a person under rule 3745-50-46 of
the Administrative Code.] (4) [Reserved.] (5) [Reserved.] (6) The owner or operator
of a facility managing recyclable materials described in paragraphs (A)(2),
(A)(3), and (A)(4) of rule 3745-51-06 of the Administrative Code (except to the
extent the recyclable materials are referred to in Chapter 3745-279 or rules
3745-266-20 to 3745-266-23, 3745-266-70, 3745-266-80, or 3745-266-100 to
3745-266-112 of the Administrative Code). (7) A generator
accumulating hazardous waste on-site in compliance with applicable conditions
for exemption in rules 3745-52-14 to 3745-52-17, 3745-52-200 to 3745-52-216,
and 3745-52-230 to 3745-52-233 of the Administrative Code, except to the extent
the requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the
Administrative Code are included in rules 3745-52-14 to 3745-52-17, 3745-52-200
to 3745-52-216, and 3745-52-230 to 3745-52-233 of the Administrative
Code. (8) A farmer disposing of
waste pesticides from the farmer's own use in compliance with rule
3745-52-70 of the Administrative Code. (9) The owner or operator
of a "totally enclosed treatment facility," as defined in rule
3745-50-10 of the Administrative Code. (10) The owner or
operator of an "elementary neutralization unit" or a "wastewater
treatment unit," as defined in rule 3745-50-10 of the Administrative Code,
provided that if the owner or operator is diluting hazardous ignitable waste
(D001) [other than the D001 high total organic carbon (TOC) subcategory defined
in rule 3745-270-40 of the Administrative Code in the table of treatment
standards for hazardous waste], or reactive waste (D003), to remove the
characteristic before land disposal, the owner or operator shall comply with
paragraph (B) of rule 3745-65-17 of the Administrative Code. (11) (a) Except as provided in paragraph (C)(11)(b) of this rule, a
person engaged in treatment or containment activities during the immediate
response to any of the following situations: (i) A discharge of a
hazardous waste; (ii) An imminent and
substantial threat of a discharge of a hazardous waste; (iii) A discharge of a
material which, when discharged, becomes a hazardous waste; (iv) An immediate threat
to human health, public safety, property, or the environment, from the known or
suspected presence of military munitions, other explosive material, or an
explosive device, as determined by an "explosives or munitions emergency
response specialist" as defined in rule 3745-50-10 of the Administrative
Code. (b) An owner or operator of a facility otherwise regulated by
Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code shall
comply with all applicable requirements of rules 3745-65-30 to 3745-65-37 and
3745-65-50 to 3745-65-56 of the Administrative Code. (c) Any person who is covered by paragraph (C)(11)(a) of this
rule and who continues or initiates hazardous waste treatment or containment
activities after the immediate response is over is subject to all applicable
requirements of Chapters 3745-50, 3745-65 to 3745-69, and 3745-256 of the
Administrative Code and 40 CFR Part 122, Part 123, and Part 124 for those
activities. (d) In the case of an explosives or munitions emergency response,
if a federal, state, or local official acting within the scope of official
responsibilities of that official, or an explosives or munitions emergency
response specialist, determines that immediate removal of the material or waste
is necessary to protect human health or the environment, that official or
specialist may authorize the removal of the material or waste by transporters
who do not have a U.S. EPA identification number and without the preparation of
a manifest. In the case of emergencies involving military munitions, the
responding military emergency response specialist's organizational unit
shall retain records for three years identifying the dates of the response, the
names of the responsible persons responding, the type and description of
material addressed, and the disposition of such material. (12) A transporter
storing manifested shipments of hazardous waste in containers that comply with
rule 3745-52-30 of the Administrative Code at a transfer facility for a period
of ten days or less. (13) The addition of
sorbent material to waste in a "container," as defined in rule
3745-50-10 of the Administrative Code, or the addition of waste to the sorbent
material in a container provided that these actions occur at the time waste is
first placed in the containers, and rules 3745-66-71 and 3745-66-72 and
paragraph (B) of rule 3745-65-17 of the Administrative Code are complied
with. (14) "Universal
waste handlers" and "universal waste transporters," as defined
in rule 3745-50-10 of the Administrative Code, handling the wastes listed in
this paragraph. These handlers and transporters are subject to regulation under
Chapter 3745-273 of the Administrative Code when handling the following
universal wastes: (a) Batteries as described in rule 3745-273-02 of the
Administrative Code; (b) Pesticides as described in rule 3745-273-03 of the
Administrative Code; (c) Mercury-containing equipment as described in rule 3745-273-04
of the Administrative Code; (d) Lamps as described in rule 3745-273-05 of the Administrative
Code; (e) Aerosol cans as described in rule 3745-273-06 of the
Administrative Code; and (f) Ohio-specific universal wastes, which include: (i) Antifreeze as described in rule 3745-273-89 of the
Administrative Code; and (ii) Paint and paint-related wastes as described in rule
3745-273-89 of the Administrative Code. (15) [Reserved.] (16) Reverse distributors
accumulating "potentially creditable hazardous waste pharmaceuticals"
and "evaluated hazardous waste pharmaceuticals" as defined in rule
3745-266-500 of the Administrative Code. Reverse distributors are subject to
regulation under rules 3745-266-500 to 3745-266-510 of the Administrative Code
in lieu of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code
for the accumulation of potentially creditable hazardous waste pharmaceuticals
and evaluated hazardous waste pharmaceuticals. (D) Hazardous waste having EPA hazardous
waste number F020, F021, F022, F023, F026, or F027 shall not be managed at
facilities subject to regulation under Chapters 3745-65 to 3745-69 and 3745-256
of the Administrative Code unless: (1) The wastewater
treatment sludge is generated in a surface impoundment as part of the
plant's wastewater treatment system; (2) The waste is stored
in tanks or containers; (3) The waste is stored
or treated in waste piles that comply with paragraph (C) of rule 3745-56-50 of
the Administrative Code as well as all other applicable requirements of rules
3745-67-50 to 3745-67-60 of the Administrative Code; (4) The waste is burned
in incinerators that are certified pursuant to the standards in rule 3745-68-52
of the Administrative Code; or (5) The waste is burned
in facilities that thermally treat the waste in a device other than an
incinerator and that are certified pursuant to the standards and procedures in
rule 3745-68-83 of the Administrative Code. (E) Chapters 3745-65 to 3745-69 and
3745-256 of the Administrative Code apply to owners or operators of all
facilities which treat, store, or dispose of hazardous waste referred to in
Chapter 3745-270 of the Administrative Code, and the standards in Chapter
3745-270 of the Administrative Code are considered material conditions or
requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative
Code. (F) Rule 3745-266-205 of the
Administrative Code identifies when the requirements of Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code apply to the storage of
military munitions classified as waste under rule 3745-266-202 of the
Administrative Code. The treatment and disposal of hazardous waste military
munitions are subject to the applicable permitting, procedural, and technical
standards in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57,
3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code. [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 9:18 AM
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Rule 3745-65-10 | Applicability- general facility standards.
Effective:
December 7, 2004
Rules 3745-65-10 to 3745-65-19 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as rule 3745-65-01 of the Administrative Code provides otherwise.
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Rule 3745-65-11 | U.S. EPA identification number.
Effective:
September 5, 2010
Every facility owner or operator must apply to Ohio EPA for a U.S. EPA identification number. Notification forms for this purpose may be obtained from Ohio EPA.
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Rule 3745-65-12 | Required notices.
Effective:
October 5, 2020
(A) The owner or operator of a facility
that is arranging or has arranged to receive hazardous waste subject to 40
C.F.R. Part 262 subpart H from a foreign source shall submit the following
required notices: (1) Pursuant to 40 C.F.R.
262.84(b), for imports where the competent authority of the country of export
does not require the foreign exporter to submit to the competent authority of
the country of export a notification proposing export and obtain consent from
U.S. EPA and the competent authorities for the countries of transit, such owner
or operator of the facility, if acting as the importer, shall provide
notification of the proposed transboundary movement in English to U.S. EPA
using the allowable methods listed in 40 C.F.R. 262.84(b)(1) at least sixty
days before the first shipment is expected to depart the country of export. The
notification may cover up to one year of shipments of wastes having similar
physical and chemical characteristics, the same United Nations classification,
the same RCRA waste codes and "Organisation for Economic Co-operation and
Development" (OECD) waste codes, and being sent from the same foreign
exporter. (2) Pursuant to 40 C.F.R.
262.84(d)(2)(xv), a copy of the movement document bearing all required
signatures within three working days after receipt of the shipment to the
foreign exporter; to the competent authorities of the countries of export and
transit that control the shipment as an export and transit shipment of
hazardous waste respectively; and on or after the electronic import-export
reporting compliance date, to U.S. EPA electronically using U.S. EPA's
waste import export tracking system (WIETS), or the successor system. The
original of the signed movement document shall be maintained at the facility
for at least three years. The owner or operator of a facility may satisfy this
recordkeeping requirement by retaining electronically submitted documents in
the facility's account on U.S. EPA's WIETS, or the successor system,
provided that copies are readily available to view and produce if requested by
any U.S. EPA or Ohio EPA inspector. No owner or operator of a facility may be
held liable for the inability to produce the documents for inspection under
this rule if the owner or operator of a facility can demonstrate that the
inability to produce the document is due exclusively to technical difficulty
with U.S. EPA's WIETS, or the successor system, for which the owner or
operator of a facility bears no responsibility. (3) Pursuant to 40 C.F.R.
262.84(f)(4), if the owner or operator of a facility has physical control of
the waste and the waste must be sent to an alternate facility or returned to
the country of export, such owner or operator of the facility shall inform U.S.
EPA, using the allowable methods listed in 40 C.F.R. 262.84(b)(1) of the need
to return or arrange alternate management of the shipment. (4) Pursuant to 40 C.F.R.
262.84(g), such owner or operator shall do all of the following: (a) Send copies of the signed and dated confirmation of
recovery or disposal, as soon as possible, but no later than thirty days after
completing recovery or disposal of the waste in the shipment and no later than
one calendar year after receipt of the waste, to the foreign exporter, to the
competent authority of the country of export that controls the shipment as an
export of hazardous waste, and on or after the electronic import-export
reporting compliance date, to U.S. EPA electronically using U.S. EPA's
WIETS, or the successor system. (b) If the owner or operator of a facility performed any of
recovery operations R12, R13, or RC16, or disposal operations D13 to D15, or
DC17, promptly send copies of the confirmation of recovery or disposal that the
facility receives from the final recovery or disposal facility within one year
after shipment delivery to the final recovery or disposal facility that
performed one of recovery operations R1 to R11, or RC16, or one of disposal
operations D1 to D12, or DC15 to DC16, to the competent authority of the
country of export that controls the shipment as an export of hazardous waste,
and on or after the electronic import-export reporting compliance date, to U.S.
EPA electronically using U.S. EPA's WIETS, or the successor system. The
recovery and disposal operations in this paragraph are defined in 40 C.F.R.
262.81. [Comment 1: An owner's or operator's
failure to notify the new owner or operator of the requirements of Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code does not relieve the
new owner or operator of the obligation to comply with all applicable
requirements.] [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 3745-65-13 | General waste analysis.
(A) (1) Before an owner or
operator treats, stores, or disposes of any hazardous wastes, or nonhazardous
wastes if applicable under paragraph (D) of rule 3745-66-13 of the
Administrative Code, the owner or operator shall obtain a detailed chemical and
physical analysis of a representative sample of the wastes. At a minimum, this
analysis shall contain all the information which shall be known to treat,
store, or dispose of the waste in accordance with Chapters 3745-65 to 3745-69,
3745-256, and 3745-270 of the Administrative Code. (2) The analysis may
include data developed under Chapter 3745-51 of the Administrative Code and
existing published or documented data on the hazardous waste or on waste
generated from similar processes. [Comment: For example, the facility's
record of analyses performed on the waste before April 15, 1981, or studies
conducted on hazardous waste generated from processes similar to that which
generated the waste to be managed at the facility, may be included in the data
base required to comply with paragraph (A)(1) of this rule. The owner or
operator of an off-site facility may arrange for the generator of the hazardous
waste to supply part of the information required by paragraph (A)(1) of this
rule, except as otherwise specified in paragraphs (B) and (C) of rule
3745-270-07 of the Administrative Code. If the generator does not supply the
information, and the owner or operator chooses to accept a hazardous waste, the
owner or operator is responsible for obtaining the information required to
comply with this rule.] (3) The analysis shall be
repeated as necessary to ensure that the analysis is accurate and up to date.
At a minimum, the analysis shall be repeated: (a) When the owner or operator is notified, or has reason to
believe, that the process or operation generating the hazardous wastes or
nonhazardous wastes, if applicable, under paragraph (D) of rule 3745-66-13 of
the Administrative Code, has changed; and (b) For off-site facilities, when the results of the inspection
required in paragraph (A)(4) of this rule indicate that the hazardous waste
received at the facility does not match the waste designated on the
accompanying manifest or shipping paper. (4) The owner or operator
of an off-site facility shall inspect and, if necessary, analyze each hazardous
waste movement received at the facility to determine whether the waste matches
the identity of the waste specified on the accompanying manifest or shipping
paper. (B) The owner or operator shall develop
and follow a written waste analysis plan which describes the procedures which
the owner or operator will carry out to comply with paragraph (A) of this rule.
The owner or operator shall keep this waste analysis plan at the facility. At a
minimum, the waste analysis plan shall specify: (1) The parameters for
which each hazardous waste, or nonhazardous wastes if applicable under
paragraph (D) of rule 3745-66-13 of the Administrative Code, will be analyzed
and the rationale for the selection of these parameters [i.e., how analysis for
these parameters will provide sufficient information on the waste's
properties to comply with paragraph (A) of this rule]. (2) The test methods
which will be used to test for these parameters. (3) The sampling method
which will be used to obtain a representative sample of the waste to be
analyzed. A representative sample may be obtained using either: (a) One of the sampling methods described in the appendix to rule
3745-51-20 of the Administrative Code; or (b) An "equivalent method" as defined in rule
3745-50-10 of the Administrative Code. (4) The frequency with
which the initial analysis of the waste will be reviewed or repeated to ensure
that the analysis is accurate and up to date. (5) For off-site
facilities, the waste analyses that hazardous waste generators have agreed to
supply. (6) Where applicable, the
methods which will be used to meet the additional waste analysis requirements
for specific waste management methods as specified in rules 3745-66-100,
3745-67-25, 3745-67-52, 3745-67-73, 3745-68-14, 3745-68-41, 3745-68-75,
3745-69-02, paragraph (D) of rule 3745-256-34, paragraph (D) of rule
3745-256-63, and rules 3745-256-84 and 3745-270-07 of the Administrative
Code. (7) For surface
impoundments exempted from land disposal restrictions under paragraph (A) of
rule 3745-270-04 of the Administrative Code, the procedures and schedule
for: (a) The sampling of impoundment contents; (b) The analysis of test data; and (c) The annual removal of residues which are not delisted by U.S.
EPA pursuant to 40 CFR 260.22 or which exhibit a characteristic of hazardous
waste and either: (i) Such residues do not
meet applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the
Administrative Code; or (ii) Where no treatment
standards have been established, such residues are prohibited from land
disposal under: (a) Section 3004(d) of
RCRA; or (b) Rule 3745-270-32 of
th Administrative Code; or (c) Rule 3745-270-33 of
the Administrative Code. (8) For owners and
operators seeking an exemption to the air emission standards in rules
3745-256-80 to 3745-256-90 of the Adminstrative Code, in accordance with rule
3745-256-83 of the Administrative Code: (a) If direct measurement is used for the waste
determination, the procedures and schedules for waste sampling and analysis,
and the results of the analysis of test data to verify the
exemption. (b) If knowledge of the waste is used for the waste
determination, any information prepared by the facility owner or operator or by
the generator of the hazardous waste, if the waste is received from off-site,
that is used as the basis for knowledge of the waste. (C) For off-site facilities, the waste
analysis plan required in paragraph (B) of this rule also shall specify the
procedures which will be used to inspect and, if necessary, analyze each
movement of hazardous waste received at the facility to ensure that the waste
matches the identity of the waste designated on the accompanying manifest or
shipping paper. At a minimum, the waste analysis plan shall
describe: (1) The procedures which
will be used to determine the identity of each movement of waste managed at the
facility; (2) The sampling method
which will be used to obtain a representative sample of the waste to be
identified, if the identification method includes sampling; and (3) The procedures that
the owner or operator of an off-site landfill receiving containerized hazardous
waste will use to determine whether a hazardous waste generator or treater has
added a biodegradable sorbent to the waste in the container. [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 9:18 AM
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Rule 3745-65-14 | Security.
Effective:
October 23, 2022
(A) The owner or operator of a facility
shall prevent the unknowing entry, and minimize the possibility for the
unauthorized entry, of persons or livestock onto the active portion of the
facility, unless: (1) Physical contact with
the waste, structures, or equipment within the active portion of the facility
will not injure livestock or unknowing or unauthorized persons who may enter
the active portion of a facility; and (2) Disturbance of the
waste or equipment, by livestock or the unknowing or unauthorized entry of
persons onto the active portion of a facility, will not cause a violation of
the requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the
Administrative Code. (B) Unless exempt under paragraphs (A)(1)
and (A)(2) of this rule, a facility shall have: (1) A twenty-four hour
surveillance system (e.g., television monitoring or surveillance by guards or
facility personnel) which continuously monitors and controls entry onto the
active portion of the facility; or (2) (a) An artificial or natural barrier (e.g., a fence in good
repair or a fence combined with a cliff), which completely surrounds the active
portion of the facility; and (b) A means to control entry, at all times, through the gates or
other entrances to the active portion of the facility (e.g., an attendant,
television monitors, locked entrance, or controlled roadway access to the
facility). [Comment: The requirements of paragraph (B)
of this rule are satisfied if the facility or plant within which the active
portion is located itself has a surveillance system, or a barrier and a means
to control entry, which complies with the requirements of paragraph (B)(1) or
(B)(2) of this rule.] (C) Unless exempt under paragraphs (A)(1)
and (A)(2) of this rule, a sign with the legend, "Danger - Unauthorized
Personnel Keep Out," shall be posted at each entrance to the active
portion of a facility, and at other locations, in sufficient numbers to be seen
from any approach to this active portion. The legend shall be written in
English and legible from a distance of at least twenty-five feet. Existing
signs with a legend other than "Danger - Unauthorized Personnel Keep
Out" may be used if the legend on the sign indicates that only authorized
personnel are allowed to enter the active portion, and that entry onto the
active portion can be dangerous. [Comment: See paragraph (B) of rule 3745-66-17 of
the Administrative Code for discussion of security requirements at disposal
facilities during the post-closure care period.]
Last updated October 24, 2022 at 8:58 AM
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Rule 3745-65-15 | General inspection requirements.
(A) The owner or operator shall inspect
the facility for malfunctions and deterioration, operator errors, and
discharges which may be causing or may lead to: (1) Release of hazardous
waste constituents to the environment; or (2) A threat to human
health. The owner or operator shall conduct these inspections often enough to
identify problems in time to correct the problems before the problems harm
human health or the environment. (B) (1) The owner or operator
shall develop and follow a written schedule for inspecting all monitoring
equipment, safety and emergency equipment, security devices, and operating and
structural equipment (such as dikes and sump pumps) that are important to
preventing, detecting, or responding to environmental or human health
hazards. (2) The owner or operator
shall keep this schedule at the facility. (3) The schedule shall
identify the types of problems (e.g., malfunctions or deterioration) which are
to be looked for during the inspection (e.g., inoperative sump pump, leaking
fitting, eroding dike, etc.). (4) The frequency of
inspection may vary for the items on the schedule. However, the frequency of
inspection should be based on the rate of deterioration of the equipment and
the probability of an environmental or human health incident if the
deterioration, malfunction, or operator error goes undetected between
inspections. Areas subject to spills, such as loading and unloading areas,
shall be inspected daily when in use. At a minimum, the inspection schedule
shall include the items and frequencies in rules 3745-66-74, 3745-66-93,
3745-66-95, 3745-67-26, 3745-67-60, 3745-67-78, 3745-68-04, 3745-68-47,
3745-68-77, 3745-69-03, 3745-256-33, 3745-256-52, 3745-256-53, 3745-256-58, and
3745-256-84 to 3745-256-90 of the Administrative Code, where
applicable. (C) The owner or operator shall remedy
any deterioration or malfunction of equipment or structures which the
inspection reveals. Such remedies shall be 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) The owner or operator shall record
inspections in an inspection log or summary. The owner or operator shall keep
these records for at least three years after the date of inspection. At a
minimum, these records shall include the date and time of the inspection, the
name of the inspector, a notation of the observations made, and the date and
nature of any repairs or other remedial actions.
Last updated June 12, 2023 at 9:18 AM
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Rule 3745-65-16 | Personnel training.
Effective:
October 23, 2022
(A) (1) Facility personnel
shall successfully complete a program of classroom instruction or on-the-job
training that teaches facility personnel to perform facility personnel's
duties in a way that ensures the facility's compliance with Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code. The owner or
operator shall ensure that this training program includes all the elements
described in the document required under paragraph (D)(3) of this
rule. (2) This training 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 facility personnel are employed. (3) At a minimum, the
training program shall be designed to ensure that facility personnel are able
to respond effectively to emergencies by familiarizing facility personnel with
emergency procedures, emergency equipment, and emergency systems, including,
where applicable: (a) Procedures for using, inspecting, repairing, and replacing
facility emergency and monitoring equipment; (b) Key parameters for automatic waste feed cut-off
systems; (c) Communications or alarm systems; (d) Response to fires or explosions; (e) Response to ground water contamination incidents;
and (f) Shutdown of operations. (4) For facility
employees who receive emergency response training pursuant to
"Occupational Safety and Health Administration" (OSHA) regulations 29
CFR 1910.120(p)(8) and 29 CFR 1910.120(q), the facility is not required to
provide separate emergency response training pursuant to this rule, provided
that the overall facility training meets all the requirements of this
rule. (B) Facility personnel shall successfully
complete the training program required in paragraph (A) of this rule within six
months after January 7, 1983 or six months after the date of employment or
assignment to a facility, or to a new position at a facility, whichever is
later. Employees hired after January 7, 1983 shall not work in unsupervised
positions until such employees have completed the training requirements of
paragraph (A) of this rule. (C) Facility personnel shall take part in
an annual review of the initial training required in paragraph (A) of this rule
during each period from January first to December thirty-first. The review
shall occur within fifteen months after the previous review. (D) The owner or operator shall maintain
the following documents and records at the facility: (1) The job title for
each position at the facility related to hazardous waste management, and the
name of the employee filling each job; (2) A written job
description for each position listed under paragraph (D)(1) of this rule. This
description may be consistent in the 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; (3) A written description
of the type and amount of both introductory and continuing training that will
be given to each person filling a position listed under paragraph (D)(1) of
this rule; and (4) Records that document
that the training or job experience required under paragraphs (A), (B), and (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. [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 8:58 AM
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Rule 3745-65-17 | General requirements for ignitable, reactive, or incompatible wastes.
Effective:
December 7, 2004
(A) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must 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 owner or operator must confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste. (B) Where specifically authorized in Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not: (1) Generate extreme heat or pressure, fire or explosion, or violent reaction; (2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health; (3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions; (4) Damage the structural integrity of the device or facility containing the waste; or (5) Through other like means threaten human health or the environment.
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Rule 3745-65-18 | Location standards.
Effective:
December 30, 1989
Promulgated Under:
Ch 119.
The placement of any hazardous waste in a salt dome, salt bed formation, underground mine, or cave is prohibited.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-65-19 | Construction quality assurance (CQA) program.
Effective:
September 29, 2021
(A) CQA program. (1) A CQA program is
required for all surface impoundment, waste pile, and landfill units that are
required to comply with rule 3745-67-54, paragraph (A) of rule 3745-67-21, and
paragraph (A) of rule 3745-68-05 of the Administrative Code. The program shall
ensure that the constructed unit meets or exceeds all design criteria and
specifications in the permit. The program shall be developed and implemented
under the direction of a CQA officer who is a professional
engineer. (2) The CQA program shall
address the following physical components, where applicable: (a) Foundations; (b) Dikes; (c) Low-permeability soil liners; (d) Geomembranes (flexible membrane liners); (e) Leachate collection and removal systems and leak detection
systems; and (f) Final cover systems. (B) Written CQA plan. Before construction
begins on a unit subject to the CQA program under paragraph (A) of this rule,
the owner or operator shall develop a written CQA plan. The CQA plan shall
identify steps that will be used to monitor and document the quality of
materials and the condition and manner of installation of the materials. The
CQA plan shall include: (1) Identification of
applicable units, and a description of how the units will be
constructed. (2) Identification of key
personnel in the development and implementation of the CQA plan, and CQA
officer qualifications. (3) A description of
inspection and sampling activities for all unit components identified in
paragraph (A)(2) of this rule, including observations and tests to be used
before, during, and after construction to ensure that the construction
materials and the installed unit components meet the design specifications. The
description shall cover: (a) Sampling size and locations; (b) Frequency of testing; (c) Data evaluation procedures; (d) Acceptance and rejection criteria for construction
materials; (e) Plans for implementing corrective measures; and (f) Data or other information to be recorded and retained in the
operating record under rule 3745-65-73 of the Administrative Code. (C) Contents of program. (1) The CQA program shall
include observations, inspections, tests, and measurements sufficient to
ensure: (a) Structural stability and integrity of all components of the
unit identified in paragraph (A)(2) of this rule; (b) Proper construction of all components of the liners, leachate
collection and removal system, leak detection system, and final cover system,
according to permit specifications and good engineering practices, and proper
installation of all components (e.g., pipes) according to design
specifications; (c) Conformity of all materials used with design and other
material specifications under rules 3745-56-21, 3745-56-51, and 3745-57-03 of
the Administrative Code. (2) The CQA program shall
include test fills for compacted soil liners, using the same compaction methods
as in the full-scale unit, to ensure that the liners are constructed to meet
the hydraulic conductivity requirements of paragraph (C)(1) of rule 3745-56-21,
paragraph (C)(1) of rule 3745-56-51, and paragraph (C)(1) of rule 3745-57-03 of
the Administrative Code in the field. Compliance with the hydraulic
conductivity requirements shall be verified by using in-situ testing on the
constructed test fill. The test fill requirement is waived where data are
sufficient to show that a constructed soil liner meets the hydraulic
conductivity requirements of paragraph (C)(1) of rule 3745-56-21, paragraph
(C)(1) of rule 3745-56-51, and paragraph (C)(1) of rule 3745-57-03 of the
Administrative Code in the field. (D) Certification. At least thirty days
prior to waste receipt, the owner or operator of units subject to this rule
shall submit to the director by certified mail or hand delivery a certification
signed by the CQA officer that the CQA plan was successfully carried out and
that the unit meets the requirements of rule 3745-67-54, paragraph (A) of rule
3745-67-21, or paragraph (A) of rule 3745-68-05 of the Administrative Code. The
owner or operator may receive waste in the unit thirty days after the
director's receipt of the CQA certification unless the director determines
in writing that the construction is not acceptable, or extends the review
period for a maximum of thirty more days, or seeks additional information from
the owner or operator during this period. Documentation supporting the CQA
officer's certification shall be furnished to the director upon
request.
Last updated September 29, 2021 at 8:54 AM
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Rule 3745-65-30 | Applicability- preparedness and prevention.
Effective:
December 7, 2004
Rules 3745-65-30 to 3745-65-37 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as rule 3745-65-01 of the Administrative Code provides otherwise.
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Rule 3745-65-31 | Maintenance and operation of facility.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
Facilities shall be maintained and operated 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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-65-32 | Required equipment.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
All facilities shall be equipped with the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below: (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 local or Ohio EPA emergency response teams; (C) Portable fire extinguishers, fire control equipment (including, but not limited to, special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and (D) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-65-33 | Testing and maintenance of equipment.
Effective:
October 23, 2022
All facility communications or alarm systems, fire
protection equipment, spill control equipment, and decontamination equipment,
where required, shall be tested and maintained as necessary to assure proper
operation of the equipment in time of emergency.
Last updated October 24, 2022 at 8:58 AM
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Rule 3745-65-34 | Access to communications or alarm system.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
(A) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under rule 3745-65-32 of the Administrative Code. (B) If there is only one employee on the premises while the facility is operating, such employee shall have immediate access to a device, such as a telephone, which is 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 rule 3745-65-32 of the Administrative Code.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-65-35 | Required aisle space.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
The owner or operator 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 the above-mentioned purposes.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-65-37 | Arrangements with local authorities.
Effective:
October 31, 2015
(A) The owner or operator shall attempt to make the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of the following organizations: (1) Arrangements to familiarize police, fire departments, and local emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes. (2) Where more than one police and fire department may respond to an emergency, arrangements designating primary emergency authority to a specific police and a specific fire department and arrangements with any others to provide support to the primary emergency authority. (3) Arrangements with local emergency response teams, emergency response contractors, and equipment suppliers. (4) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases of hazardous waste or hazardous waste constitutents at the facility. (B) Where local authorities decline to enter into such arrangements, the owner or operator shall document such refusal in the operating record.
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Rule 3745-65-50 | Applicability- contingency plan and emergency procedures.
Effective:
December 7, 2004
Rules 3745-65-50 to 3745-65-56 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as rule 3745-65-01 of the Administrative Code provides otherwise.
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Rule 3745-65-51 | Purpose and implementation of contingency plan.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
(A) Each owner or operator 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 implemented immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-65-52 | Content of contingency plan.
Effective:
October 31, 2015
(A) The contingency plan shall describe the actions facility personnel shall take to comply with rules 3745-65-51 and 3745-65-56 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 owner or operator has already prepared a "Spill Prevention, Control, and Countermeasures Plan" in accordance with 40 CFR Part 112, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code. The owner or operator may develop one contingency plan which meets all regulatory requirements. Ohio EPA recommends that the plan be based on the "National Response Team's Integrated Contingency Plan Guidance (One Plan)." When modifications are made to non-hazardous waste provisions in an integrated contingency plan, the changes do not trigger the need for a hazardous waste permit modification. (C) The contingency plan shall describe arrangements with local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services, pursuant to rule 3745-65-37 of the Administrative Code. (D) The contingency plan shall list names, home addresses, and home or cellular telephone numbers of all persons qualified to act as emergency coordinator (see rule 3745-65-55 of the Administrative Code), and this list shall be kept up to date. Where more than one person is listed, one person shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. (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 its capabilities. (F) The contingency plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This evacuation plan shall describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires). [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 3745-65-53 | Copies of contingency plan.
Effective:
September 29, 2021
A copy of the contingency plan and all revisions to
the contingency plan shall be both: (A) Maintained at the
facility. (B) Submitted to all local police
departments, fire departments, hospitals, and local emergency response teams
described in the contingency plan pursuant to paragraph (C) of rule 3745-65-52
of the Administrative Code, that may be requested to provide emergency
services. [Comment: The contingency plan need not be
submitted to Ohio EPA under the interim facility standards of Chapters 3745-65
to 3745-69 and 3745-256 of the Administrative Code.]
Last updated September 29, 2021 at 8:55 AM
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Rule 3745-65-54 | Amendment of contingency plan.
Effective:
March 13, 2002
The contingency plan must be reviewed, and immediately amended, if necessary, whenever: (A) Applicable rules are revised; (B) The contingency plan fails in an emergency; (C) The facility changes - in its 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; or (E) The list of emergency equipment changes.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981, 1/7/1983
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Rule 3745-65-55 | Emergency coordinator.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for assuming coordination of all internal emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to implement the provisions of the contingency plan.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-65-56 | Emergency procedures.
Effective:
September 29, 2021
(A) Whenever there is an emergency
situation consisting of imminent or actual harm or hazard to human health or
the environment, the emergency coordinator, or the emergency coordinator's
designee when the emergency coordinator is on call, shall immediately do both
of the following: (1) Activate internal
facility alarms or communication systems, where applicable, to notify all
facility personnel. (2) Notify the Ohio EPA
"Emergency Response Unit" at 800/282-9378, and appropriate local
authorities with designated response roles. (B) Whenever there is a release, fire, or
explosion, the emergency coordinator shall immediately identify the character,
exact source, amount, and areal extent of any released materials. The emergency
coordinator may do this by observation or review of facility records or
manifests and, if necessary, by chemical analysis. (C) In addition to the requirements in
paragraphs (A) and (B) of this rule, 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, and shall include, but not
be limited to, 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: (1) If the emergency
coordinator's assessment indicates that evacuation of local areas may be
advisable, the emergency coordinator shall immediately notify appropriate local
authorities, and shall be available to help appropriate officials decide
whether local areas should be evacuated. (2) The emergency
coordinator shall immediately notify the Ohio EPA "Emergency Response
Unit" at 800/282-9378 and provide all of the following: (a) Name and telephone number of the emergency coordinator who is
making the notification. (b) Name and address of facility. (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. (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 facility. These measures shall include, where applicable, stopping
processes and operations, collecting and containing released waste, and
removing or isolating containers. (F) If the facility stops operations in
response to a fire, explosion, or release, the emergency coordinator shall
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate. (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. [Comment: Unless the owner or operator can
demonstrate, in accordance with paragraph (C) or (D) of rule 3745-51-03 of the
Administrative Code, that the recovered material is not a hazardous waste, the
owner or operator becomes a generator of hazardous waste and shall manage such
waste in accordance with all applicable requirements of 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 waste that may be
incompatible with the released material is treated, stored, or disposed of
until cleanup procedures are completed. (2) All emergency
equipment listed in the contingency plan is cleaned and fit for the
equipment's intended use before operations are resumed. (I) The owner or operator shall note in the operating record the
time, date, and details of any incident that requires the contingency plan to
be implemented. Within fifteen days after the incident, the owner or operator
shall submit a written report on the incident to the director. The report shall
include all of the following: (1) Name, address, and
telephone number of the owner or operator. (2) Name, address, and
telephone number of the facility. (3) Date, time, and type
of incident (e.g., fire, explosion). (4) Name and quantity of
materials involved. (5) The extent of
injuries, if any. (6) An assessment of
actual or potential hazards to human health or the environment, where this is
applicable. (7) Estimated quantity
and disposition of recovered material that resulted from the
incident.
Last updated September 29, 2021 at 8:55 AM
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Rule 3745-65-70 | Applicability- manifest system, recordkeeping, and reporting.
Effective:
October 31, 2015
(A) Applicability. (1) Rules 3745-65-70 to 3745-65-77 of the Administrative Code apply to owners and operators of both on-site and off-site facilities, except as rule 3745-65-01 of the Administrative Code provides otherwise. (2) Rules 3745-65-72, 3745-65-76, and paragraphs (A) and (B) of rule 3745-65-71 of the Administrative Code do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources, nor to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under paragraph (A) of rule 3745-266-203 of the Administrative Code. (B) Reserved.
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Rule 3745-65-71 | Use of manifest system.
Effective:
October 5, 2020
(A) Receipt of a shipment of hazardous
waste accompanied by a manifest. (1) If a facility
receives hazardous waste accompanied by a manifest, the owner or operator, or
the owner's or operator's agent, shall sign and date the manifest as
indicated in paragraph (A)(2) of this rule to certify that the hazardous waste
covered by the manifest was received, that the hazardous waste was received
except as noted in the discrepancy block of the manifest, or that the hazardous
waste was rejected as noted in the manifest discrepancy block. (2) If a facility
receives a hazardous waste shipment accompanied by a manifest, the owner or
operator, or the owner's or operator's agent, shall do all of the
following: (a) Sign and date, by hand, each copy of the
manifest. (b) Note any significant discrepancies [as described in
paragraph (A) of rule 3745-65-72 of the Administrative Code] on each copy of
the manifest. [Comment: It is not the intent of Ohio EPA
that the owner or operator of a facility whose procedures under paragraph (C)
of rule 3745-65-13 of the Administrative Code include waste analysis shall
perform that analysis before signing the manifest and giving the manifest to
the transporter. Paragraph (C) of rule 3745-65-72 of the Administrative Code,
however, requires reporting an unreconciled discrepancy discovered during later
analysis.] (c) Immediately give the transporter at least one copy of
the manifest. (d) Within thirty days after the delivery, send a copy of
the manifest to the generator. (e) Paper manifest submittal requirements are as
follows: (i) Options for
compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy
(page 1) of any paper manifest and any paper continuation sheet to the U.S.
EPA's e-manifest system for purposes of data entry and processing, or in
lieu of submitting the paper copy to U.S. EPA, the owner or operator may
transmit to the U.S. EPA system an image file of page 1 of the manifest and any
continuation sheet, or both a data file and image file corresponding to page 1
of the manifest and any continuation sheet, within thirty days after the date
of delivery. Submittals of copies to the e-manifest system shall be made at the
mailing address or electronic mail or submittal address specified at the
e-manifest program website's directory of services. Beginning on June 30,
2021, U.S. EPA shall not accept mailed paper manifests from facilities for
processing in e-manifest. (ii) Options for
compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to
submit the top copy (page one) of the paper manifest and any paper continuation
sheet to the e-manifest system for purposes of data entry and processing may be
met by the owner or operator only by transmitting to the U.S. EPA system an
image file of page one of the manifest and any continuation sheet, or by
transmitting to the U.S. EPA system both a data file and the image file
corresponding to page one of the manifest and any continuation sheet, within
thirty days after the date of delivery. Submittals of copies to the e-manifest
system shall be made to the electronic mail or submittal address specified at
the e-manifest program website's directory of services. (f) Retain at the facility a copy of each manifest for at
least three years after the date of delivery. (3) The owner or operator
of a facility that receives hazardous waste subject to 40 C.F.R. Part 262
subpart H from a foreign source shall: (a) Additionally list the relevant consent number from
consent documentation supplied by U.S. EPA to the facility for each waste
listed on the manifest, matched to the relevant list number for the waste from
block 9b. If additional space is needed, the owner or operator should use a
continuation sheet (U.S. EPA form 8700-22A). (b) Send a copy of the manifest to U.S. EPA using the
addresses listed in 40 C.F.R. 262.82(e) within thirty days after delivery until
the facility can submit such a copy to the e-manifest system in accordance with
paragraph (A)(2)(e) of this rule. [Comment: The exercise of foreign relations and
international commerce powers is reserved to the federal government under the
Constitution. These responsibilities are not delegable to the states,
Therefore, the importation and exportation of hazardous waste into and out of
the United States is solely regulated by the federal government.] (B) If a facility receives, from a rail
or water (bulk shipment) transporter, hazardous waste which is accompanied by a
shipping paper containing all the information required on the manifest
(excluding the U.S. EPA identification numbers, generator's certification,
and signatures), the owner or operator, or the owner's or operators's
agent, shall do all of the following: (1) Sign and date each
copy of the manifest or shipping paper (if the manifest has not been received)
to certify that the hazardous waste covered by the manifest or shipping paper
was received. (2) Note any significant
discrepancies [as described in paragraph (A) of rule 3745-65-72 of the
Administrative Code] in the manifest or shipping paper, (if the manifest has
not been received) on each copy of the manifest or shipping paper. [Comment: It is not the intent of Ohio EPA that
the owner or operator of a facility whose procedures under paragraph (C) of
rule 3745-65-13 of the Administrative Code include waste analysis shall perform
that analysis before signing the shipping paper and giving the manifest to the
transporter. Paragraph (C) of rule 3745-65-72 of the Administrative Code,
however, requires reporting an unreconciled discrepancy discovered during later
analysis.] (3) Immediately give the
rail or water (bulk shipment) transporter at least one copy of the manifest or
shipping paper (if the manifest has not been received). (4) Within thirty days
after the delivery, send a copy of the signed and dated manifest or a signed
and dated copy of the shipping paper (if the manifest has not been received
within thirty days after delivery) to the generator. [Comment: Paragraph (C) of rule 3745-52-23 of
the Administrative Code requires the generator to send three copies of the
manifest to the facility when hazardous waste is sent by rail or water (bulk
shipment).] (5) Retain at the
facility a copy of the manifest and shipping paper (if signed in lieu of the
manifest at the time of delivery) for at least three years after the date of
delivery. (C) Whenever a shipment of hazardous
waste is initiated from a facility, the owner or operator of that facility
shall comply with Chapter 3745-52 of the Administrative Code. Rules 3745-52-15,
3745-52-16, and 3745-52-17 of the Administrative Code are applicable to the
on-site accumulation of hazardous wastes by generators. Therefore, rules
3745-52-15, 3745-52-16, and 3745-52-17 of the Administrative Code apply only to
owners or operators who are shipping hazardous waste which is generated at that
facility or operating as a large quantity generator consolidating hazardous
waste from very small quantity generators under paragraph (F) of rule
3745-52-17 of the Administrative Code. (D) Pursuant to 40 C.F.R.
262.84(d)(2)(xv), within three working days after the receipt of a shipment
subject to 40 C.F.R. Part 262 subpart H, the owner or operator of a facility
shall provide a copy of the movement document bearing all required signatures
to the exporter; to the competent authorities of the countries of export and
transit that control the shipment as an export and transit shipment of
hazardous waste respectively; and on or after the electronic import-export
reporting compliance date, to U.S. EPA electronically using U.S. EPA's
waste import export tracking system (WIETS), or the successor system. The
original signed copy of the movement document shall be maintained at the
facility for at least three years after the date of signature. The owner or
operator of a facility may satisfy this recordkeeping requirement by retaining
electronically submitted documents in the facility's account on U.S.
EPA's WIETS, or the successor system, provided that copies are readily
available to view and produce if requested by any U.S. EPA or Ohio EPA
inspector. No owner or operator of a facility may be held liable for the
inability to produce the documents for inspection under this rule if the owner
or operator of a facility can demonstrate that the inability to produce the
document is due exclusively to technical difficulty with U.S. EPA's WIETS,
or the successor system, for which the owner or operator of a facility bears no
responsibility. (E) An owner or operator of a facility
shall determine whether the consignment state for a shipment regulates any
additional wastes (beyond those regulated by U.S. EPA) as hazardous wastes
under the consignment state's hazardous waste program. Owners or operators
of facilities shall also determine whether the consignment state or generator
state requires the facility to submit any copies of the manifest to these
states. (F) 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 the paper manifest form, 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 for the owner or operator of a facility 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. (2) Any requirement in
the hazardous waste rules to give, provide, send, forward, or to return to
another person a copy of the manifest is satisfied when a copy of an electronic
manifest is transmitted to the other person. (3) Any requirement in
the hazardous waste rules for a manifest to accompany a hazardous waste
shipment is satisfied when a copy of an electronic manifest is accessible
during transportation and forwarded to the person or persons who are scheduled
to receive delivery of the waste shipment. (4) Any requirement in
the hazardous waste rules for an owner or operator to keep or retain a copy of
each manifest is satisfied by the retention of the facility's electronic
manifest copies in the facility's account on the 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. (5) No owner or operator
may be held liable for the inability to produce an electronic manifest for
inspection under this rule if the owner or operator 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 owner or operator
bears no responsibility. (G) An owner or operator may participate
in the electronic manifest system either by accessing the electronic manifest
system from the owner's or operator's electronic equipment, or by
accessing the electronic manifest system from portable equipment brought to the
owner's or operator's site by the transporter who delivers the waste
shipment to the facility. (H) Special procedures applicable to
replacement manifests. If a facility receives hazardous waste that is
accompanied by a paper replacement manifest for a manifest that was originated
electronically, all of the following procedures apply to the delivery of the
hazardous waste by the final transporter: (1) Upon delivery of the
hazardous waste to the designated facility, the owner or operator shall sign
and date each copy of the paper replacement manifest by hand in item 20
(designated facility certification of receipt) and note any discrepancies in
item 18 (discrepancy indication space) of the paper replacement
manifest. (2) The owner or operator
of the facility shall give back to the final transporter one copy of the paper
replacement manifest. (3) Within thirty days
after delivery of the waste to the designated facility, the owner or operator
of the facility shall send one signed and dated copy of the paper replacement
manifest to the generator, and shall send an additional signed and dated copy
of the paper replacement manifest to the electronic manifest
system. (4) The owner or operator
of the facility shall retain at the facility one copy of the paper replacement
manifest for at least three years after the date of delivery. (I) Special procedures applicable to
electronic signature methods undergoing tests. If an owner or operator using an
electronic manifest 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 owner or operator shall also sign with an ink signature the
facility's certification of receipt or discrepancies on the printed copy
of the manifest provided by the transporter. Upon executing the owner or
operator's ink signature on this printed copy, the owner or operator shall
retain this original copy in the owner or operator's records for at least
three years after the date of delivery of the waste. (J) Imposition of user fee for electronic
manifest use. (1) As prescribed in 40
C.F.R. 265.1311 and determined in 40 C.F.R. 265.1312, an owner or operator who
is a user of the electronic manifest system shall be assessed a user fee by
U.S. EPA for the submittal and processing of each electronic and paper
manifest. U.S. EPA shall update the schedule of user fees and publish these
updates to the user community, as provided in 40 C.F.R. 265.1313. (2) An owner or operator
subject to user fees under this rule shall make user fee payments in accordance
with 40 C.F.R. 265.1314, subject to the informal fee dispute resolution process
of 40 C.F.R. 265.1316, and subject to the sanctions for delinquent payments
under 40 C.F.R. 265.1315. (K) Electronic manifest signatures.
Electronic manifest signatures shall meet the criteria described in 40 C.F.R.
262.25. (L) Post-receipt manifest data
corrections. After owners and operators of 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) shown on the manifest. (1) Interested persons
shall make all corrections to manifest data by electronic submittal, either by
directly entering corrected data to the web based service provided in
e-manifest for such corrections, or by an upload of a data file containing data
corrections relating to one or more previously submitted
manifests. (2) Each correction
submission shall include all of the following information: (a) The manifest tracking number and date of receipt by the
facility of the original manifest for which data are being
corrected. (b) The item number of the original manifest that is the
subject of the submitted correction. (c) For each item number with corrected data, the data
previously entered and the corresponding data as corrected by the correction
submittal. (3) Each correction
submittal shall include a statement that the person submitting the corrections
certifies that to the best of the person submitting the corrections'
knowledge or belief, the corrections that are included in the submittal shall
cause the information reported about the previously received hazardous wastes
to be true, accurate, and complete including both of the
following: (a) The certification statement shall be executed with a
valid electronic signature. (b) A batch upload of data corrections may be submitted
under one certification statement. (4) Upon receipt by the
system of any correction submittal, other interested persons shown on the
manifest shall be provided electronic notice of the submitter's
corrections. (5) Other interested
persons shown on the manifest may respond to the submitter's corrections
with comments to the submitter, or by submitting another correction to the
system, certified by the respondent as specified in paragraph (L)(3) of this
rule, and with notice of the corrections to other interested persons shown on
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 3745-65-72 | Manifest discrepancies.
Effective:
September 29, 2021
(A) Manifest discrepancies
are: (1) Significant
differences [as described in paragraph (B) of this rule] between the quantity
or type of hazardous waste designated on the manifest or shipping paper, and
the quantity and type of hazardous waste a facility actually
receives; (2) Rejected wastes,
which may be a full or partial shipment of hazardous waste that the treatment,
storage, or disposal facility cannot accept; or (3) Container residues,
which are residues that exceed the quantity limits for "empty"
containers provided in paragraph (B) of rule 3745-51-07 of the Administrative
Code. (B) Significant differences in quantity
are, for bulk waste, variations greater than ten per cent in weight; for batch
waste, any variation in piece count, such as a discrepancy of one drum in a
truckload. Significant differences in type are obvious differences which can be
discovered by inspection or waste analysis, such as waste solvent substituted
for waste acid, or toxic constituents not reported on the manifest or shipping
paper. (C) Upon discovering a significant
difference in quantity or type, the owner or operator shall attempt to
reconcile the discrepancy with the waste generator or transporter (e.g., with
telephone conversations). If the discrepancy is not resolved within fifteen
days after receiving the waste, the owner or operator shall immediately submit
to the director a letter describing the discrepancy and the attempts to
reconcile the discrepancy, and a copy of the manifest or shipping paper at
issue. (D) (1) Upon rejecting waste
or identifying a container residue that exceeds the quantity limits for
"empty" containers provided in paragraph (B) of rule 3745-51-07 of
the Administrative Code, the owner or operator shall consult with the generator
prior to forwarding the waste to another facility that can manage the waste. If
an alternative facility that can receive the waste cannot be located, the owner
or operator may return the rejected waste or residue to the generator. The
owner or operator shall send the waste to the alternative facility or to the
generator within sixty days after the rejection or the container residue
identification. (2) While the owner or
operator is making arrangements for forwarding rejected wastes or residues to
another facility under this rule, the owner or operator shall ensure that the
delivering transporter retains custody of the waste, or the owner or operator
shall provide for secure, temporary custody of the waste, pending delivery of
the waste to the first transporter designated on the manifest prepared under
paragraph (E) or (F) of this rule. (E) Except as provided in paragraph
(E)(7) of this rule, for full or partial load rejections and residues that are
to be sent off-site to an alternate facility, the owner or operator is required
to prepare a new manifest in accordance with paragraph (A) of rule 3745-52-20
of the Administrative Code and the following instructions: (1) Write the
generator's U.S. EPA identification number in item 1 of the new manifest.
Write the generator's name and mailing address in item 5 of the new
manifest. If the mailing address is different from the generator's site
address, write the generator's site address in the designated space in
item 5. (2) Write the name of the
alternate designated facility and the facility's U.S. EPA identification
number in the "Designated Facility" block (item 8) of the new
manifest. (3) Copy the manifest
tracking number in item 4 of the old manifest to the "Special Handling and
Additional Information" block of the new manifest, and indicate that the
shipment is a residue or rejected waste from the previous
shipment. (4) Copy the manifest
tracking number in item 4 of the new manifest to the manifest reference number
line in the "Discrepancy" block of the old manifest (item
18a). (5) Write the U.S.
department of transportation description for the rejected load or the residue
in item 9 ("U.S. DOT Description") of the new manifest and write the
container types, quantity, and volumes of waste. (6) Sign the
"Generator's/Offeror's Certificaiton" to certify, as the
offeror of the shipment, that the waste is properly packaged, marked, and
labeled, and is in proper condition for transportation, and mail a signed copy
of the manifest to the generator identified in item 5 of the new
manifest. (7) For full load
rejections that are made while the transporter remains present at the facility,
the owner or operator may forward the rejected shipment to the alternate
facility by completing item 18b of the original manifest and supplying the
information on the next destination facility in the "Alternate
Facility" block. The owner or operator shall retain a copy of this
manifest for the facility's records, and give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, the owner or operator shall use a new manifest and comply with
paragraphs (E)(1) to (E)(6) of this rule. (F) Except as provided in paragraph
(F)(7) of this rule, for rejected wastes and residues that shall be sent back
to the generator, the owner or operator is required to prepare a new manifest
in accordance with paragraph (A) of rule 3745-52-20 of the Administrative Code
and the following instructions: (1) Write the
facility's U.S. EPA identification number in item 1 of the new manifest.
Write the facility's name and mailing address in item 5 of the new
manifest. If the mailing address is different from the facility's site
address, write the facility's site address in the designated space for
item 5 of the new manifest. (2) Write the name of the
initial generator and the generator's U.S. EPA identification number in
the "Designated Facility" block (item 8) of the new
manifest. (3) Copy the manifest
tracking number in item 4 of the old manifest to the "Special Handling and
Additional Information" block of the new manifest, and indicate that the
shipment is a residue or rejected waste from the previous
shipment. (4) Copy the manifest
tracking number in item 4 of the new manifest to the manifest reference number
line in the "Discrepancy" block of the old manifest (item
18a). (5) Write the U.S.
department of transportation description for the rejected load or the residue
in item 9 ("U.S. DOT Description") of the new manifest and write the
container types, quantity, and volumes of waste. (6) Sign the
"Generator's/Offeror's Certification" to certify, as
offeror of the shipment, that the waste is properly packaged, marked, and
labeled, and is in proper condition for transportation. (7) For full load
rejections that are made while the transporter remains at the facility, the
owner or operator may return the shipment to the generator with the original
manifest by completing item 18a and item 18b of the manifest and supplying the
generator's information in the "Alternate Facility" block. The
owner or operator shall retain a copy for the facility's records, and give
the remaining copies of the manifest to the transporter to accompany the
shipment. If the original manifest is not used, the the owner or operator shall
use a new manifest and comply with paragraphs (F)(1) to (F)(6) and (F)(8) of
this rule. (8) For full or partial
load rejections and container residues contained in non-empty containers that
are returned to the generator, the owner or operator also shall comply with the
exception reporting requirements in paragraph (A) of rule 3745-52-42 of the
Administrative Code. (G) If an owner or operator rejects a
waste or identifies a container residue that exceeds the quantity limits for
empty containers provided in paragraph (B) of rule 3745-51-07 of the
Administrative Code after the owner or operator has signed, dated, and returned
a copy of the manifest to the delivering transporter or to the generator, the
owner or operator amend the facility's copy of the manifest to indicate
the rejected wastes or residues in the "Discrepancy" block of the
amended manifest. The owner or operator also shall copy the manifest tracking
number from item 4 of the new manifest to the "Discrepancy" block of
the amended manifest, and shall re-sign and date the manifest to certify to the
information as amended. The owner or operator shall retain the amended manifest
for at least three years after the date of amendment, and within thirty days,
shall send a copy of the amended manifest to the transporter and generator that
received copies prior to the manifest's amendment. [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 8:55 AM
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Rule 3745-65-73 | Operating record.
(A) The owner or operator shall keep a
written operating record at the facility. (B) The following information shall be
recorded, as the information becomes available, and maintained in the operating
record for three years unless otherwise noted: (1) A description and the
quantity of each hazardous waste received, and the methods and dates of the
hazardous waste's treatment, storage, or disposal at the facility as
required by the appendix to this rule. This information shall be maintained in
the operating record until closure of the facility. (2) The location of each
hazardous waste within the facility and the quantity at each location. For
disposal facilities, the location and quantity of each hazardous waste shall be
recorded on a map or diagram of each cell or disposal area. For all facilities,
this information shall include cross-references to specific manifest document
numbers, if the waste was accompanied by a manifest. This information shall be
maintained in the operating record until closure of the facility. [Comment: See rules 3745-66-19, 3745-67-79, and
3745-68-09 of the Administrative Code for related requirements.] (3) Records and results
of waste analyses, waste determinations, and trial tests performed as specified
in rules 3745-65-13, 3745-66-100, 3745-67-25, 3745-67-52, 3745-67-73,
3745-68-14, 3745-68-41, 3745-68-75, 3745-69-02, 3745-256-34, 3745-256-63,
3745-256-84, paragraph (A) of rule 3745-270-04, and 3745-270-07 of the
Administrative Code. (4) Summary reports and
details of all incidents that require implementing the contingency plan as
specified in paragraph (I) of rule 3745-65-56 of the Administrative
Code. (5) Records and results
of inspections as required by paragraph (D) of rule 3745-65-15 of the
Administrative Code, except these data need be kept only three years after the
inspection. (6) Monitoring, testing
or analytical data, and corrective action where required by rules 3745-65-90 to
3745-65-94 of the Administrative Code, and by rules 3745-65-19, 3745-66-91,
3745-66-93, 3745-66-95, 3745-67-24, 3745-67-26, 3745-67-55, 3745-67-60,
3745-67-76, 3745-67-78, paragraph (D)(1) of rule 3745-67-80, 3745-68-02 to
3745-68-04, 3745-68-47, 3745-68-77, , paragraphs (C) to (F) of rule
3745-256-34, 3745-256-35, paragraphs (D) to (I) of rule 3745-256-63, and rules
3745-256-64, and 3745-256-83 to 3745-256-90 of the Administrative Code.
Maintain in the operating record for three years, except for records and
results pertaining to ground water monitoring and cleanup, and response action
plans for surface impoundments, waste piles, and landfills, which shall be
maintained in the operating record until closure of the facility. [Comment: As required by rule 3745-65-94 of the
Administrative Code, monitoring data at disposal facilities shall be kept
throughout the post-closure period.] (7) All closure cost
estimates under rule 3745-66-42 of the Administrative Code and, for disposal
facilities, all post-closure cost estimates under rule 3745-66-44 of the
Administrative Code shall be maintained in the operating record until closure
of the facility. (8) Records of the
quantities and date of placement for each shipment of hazardous waste placed in
land disposal units under an extension to the effective date of any land
disposal restriction granted pursuant to rule 3745-270-05 of the Administrative
Code, monitoring data required pursuant to a petition under rule 3745-270-06 of
the Administrative Code, and the applicable notice required by a generator
under paragraph (A) of rule 3745-270-07 of the Administrative Code. All of this
information shall be maintained in the operating record until closure of the
facility. (9) For an off-site
treatment facility, a copy of the notice, and the certification if applicable,
required by the generator or the owner or operator under rule 3745-270-07 of
the Administrative Code. (10) For an on-site
treatment facility, the information contained in the notice (except the
manifest number), and the certification if applicable, required by the
generator or the owner or operator under rule 3745-270-07 of the Administrative
Code. (11) For an off-site land
disposal facility, a copy of the notice, and the certification if applicable,
required by the generator or the owner or operator of a treatment facility
under rule 3745-270-07 of the Administrative Code. (12) For an on-site land
disposal facility, the information contained in the notice (except the manifest
number), and the certification if applicable, required by the generator or the
owner or operator of a treatment facility under rule 3745-270-07 of the
Administrative Code. (13) For an off-site
storage facility, a copy of the notice, and the certification if applicable,
required by the generator or the owner or operator under rule 3745-270-07 of
the Administrative Code. (14) For an on-site
storage facility, the information contained in the notice (except the manifest
number), and the certification if applicable, required by the generator or the
owner or operator of a treatment facility under rule 3745-270-07 of the
Administrative Code. (15) Monitoring, testing
or analytical data, and corrective action where required by rule 3745-65-90 of
the Administrative Code, paragraphs (D)(2) and (D)(5) of rule 3745-65-93 of the
Administrative Code, and the certification as required by paragraph (F) of rule
3745-66-96 of the Administrative Code, shall be maintained in the operating
record until closure of the facility.
View Appendix
Last updated June 12, 2023 at 9:19 AM
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Rule 3745-65-74 | Availability, retention, and disposition of records.
Effective:
December 7, 2004
(A) All records, including plans, required under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code must be furnished upon request to, and made available at all reasonable times for inspection by, any employee or representative of Ohio EPA who is duly designated by the director. (B) The retention period for all records required under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the director. (C) A copy of records of waste disposal locations and quantities under paragraph (B)(2) of rule 3745-65-73 of the Administrative Code must be submitted to the director and local land authority upon closure of the facility (see rule 3745-66-19 of the Administrative Code).
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Rule 3745-65-75 | Biennial report.
Effective:
October 5, 2020
The owner or operator shall complete and submit to
the director the biennial report, on the forms supplied by the director, by
March first of the following even numbered year, and shall cover activities
during the previous year.
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Rule 3745-65-76 | Unmanifested waste report.
Effective:
February 12, 2018
(A) If a facility accepts for treatment,
storage, or disposal any hazardous waste from an off-site source without an
accompanying manifest, or without an accompanying shipping paper, and if the
waste is not excluded from the manifest requirement by Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code, then the owner or operator
shall prepare and submit an unmanifested waste report in the form of a letter
to the director within fifteen days after receiving the waste. The unmanifested
waste report shall include all of the following information: (1) The U.S. EPA identification number,
name, and address of the facility. (2) The date the facility received the
waste. (3) The U.S. EPA identification number,
name, and address of the generator and the transporter, if
available. (4) A description and the quantity of
each unmanifested hazardous waste the facility received. (5) The method of treatment, storage, or
disposal for each hazardous waste. (6) A certification signed by the owner
or operator of the facility or the owner's or operator's authorized
representative. [Comment: This certification language is
located in paragraph (D) of rule 3745-50-42 of the Administrative Code.] (7) A brief explanation of why the waste
was unmanifested, if known. (B) [Reserved.]
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Rule 3745-65-77 | Additional reports.
In addition to submitting the biennial report and
unmanifested waste report described in rules 3745-65-75 and 3745-65-76 of the
Administrative Code, the owner or operator also shall report to the
director: (A) Releases, fires, and explosions as
specified in paragraph (I) of rule 3745-65-56 of the Administrative
Code. (B) Ground water contamination and
monitoring data as specified in rules 3745-65-93 and 3745-65-94 of the
Administrative Code. (C) Facility closure as specified in rule
3745-66-15 of the Administrative Code. (D) As otherwise required by 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.
Last updated June 12, 2023 at 9:19 AM
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Rule 3745-65-90 | Applicability- ground water monitoring.
Effective:
October 23, 2022
(A) Before November 19, 1981, the owner
or operator of a surface impoundment, landfill, or land treatment facility
which is used to manage hazardous waste shall implement a ground water
monitoring program capable of determining the facility's impact on the
quality of ground water in the uppermost aquifer underlying the facility,
except as rule 3745-65-01 of the Administrative Code and paragraph (C) of this
rule provide otherwise. (B) Except as paragraphs (C) and (D) of
this rule provide otherwise, the owner or operator shall install, operate, and
maintain a ground water monitoring system which meets the requirements of rule
3745-65-91 of the Administrative Code and shall comply with rules 3745-65-92 to
3745-65-94 of the Administrative Code. This ground water monitoring program
shall be carried out during the active life of the facility, and for disposal
facilities, during the post-closure care period as well. (C) All or part of the ground water
monitoring requirements of rules 3745-65-90 to 3745-65-94 of the Administrative
Code may be waived if the owner or operator can demonstrate that there is a low
potential for migration of hazardous waste or hazardous waste constituents from
the facility via the uppermost aquifer to water supply wells (domestic,
industrial, or agricultural) or to surface water. This demonstration shall be
in writing, and shall be kept at the facility. This demonstration shall be
certified by a qualified geologist or geotechnical engineer and shall establish
the following: (1) The potential for
migration of hazardous waste or hazardous waste constituents from the facility
to the uppermost aquifer, by an evaluation of: (a) A water balance of precipitation, evapotranspiration,
run-off, and infiltration; and (b) Unsaturated zone characteristics (i.e., geologic materials,
physical properties, and depth to ground water); and (2) The potential for
hazardous waste or hazardous waste constituents which enter the uppermost
aquifer to migrate to a water supply well or surface water, by an evaluation
of: (a) Saturated zone characteristics (i.e., geologic materials,
physical properties, and rate of ground water flow); and (b) The proximity of the facility to water supply wells or
surface water. (D) If an owner or operator assumes (or
knows) that ground water monitoring of indicator parameters in accordance with
rules 3745-65-91 and 3745-65-92 of the Administrative Code would show
statistically significant increases (or decreases in the case of pH) when
evaluated under paragraph (B) of rule 3745-65-93 of the Administrative Code,
the owner or operator may install, operate, and maintain an alternate ground
water monitoring system (other than the one described in rules 3745-65-91 and
3745-65-92 of the Administrative Code). If the owner or operator decides to use
an alternate ground water monitoring system the owner or operator
shall: (1) Before November 19,
1981, develop a specific plan, certified by a qualified geologist or
geotechnical engineer, which satisfies the requirements of paragraph (D)(3) of
rule 3745-65-93 of the Administrative Code, for an alternate ground water
monitoring system. This plan is to be placed in the facility's operating
record and maintained until closure of the facility. (2) Not later than
November 19, 1981, initiate the determinations specified in paragraph (D)(4) of
rule 3745-65-93 of the Administrative Code. (3) Prepare a report in
accordance with paragraph (D)(5) of rule 3745-65-93 of the Administrative Code
and place the report in the facility's operating record and maintain the
report until closure of the facility. (4) Continue to make the
determinations specified in paragraph (D)(4) of rule 3745-65-93 of the
Administrative Code on a quarterly basis until final closure of the facility;
and (5) Comply with the
recordkeeping and reporting requirements in paragraph (B) of rule 3745-65-94 of
the Administrative Code. (E) The ground water monitoring
requirements of rules 3745-65-90 to 3745-65-94 of the Administrative Code may
be waived with respect to any surface impoundment that: (1) Is used to neutralize
wastes which are hazardous solely because the wastes exhibit the characteristic
of corrosivity under rule 3745-51-22 of the Administrative Code or are listed
as hazardous wastes in rules 3745-51-30 to 3745-51-35 of the Administrative
Code only for this reason; and (2) Contains no other
hazardous wastes, if the owner or operator can demonstrate that there is no
potential for migration of hazardous wastes from the impoundment. The
demonstration shall establish, based upon consideration of the characteristics
of the wastes and the impoundment, that the corrosive wastes will be
neutralized to the extent that the wastes no longer meet the characteristic of
corrosivity before the wastes can migrate out of the impoundment. The
demonstration shall be in writing and shall be certified by a qualified
professional. (F) The director may replace all or part
of the requirements of rules 3745-65-90 to 3745-65-94 of the Administrative
Code that apply to a "regulated unit" (as defined in rule 3745-54-90
of the Administrative Code), with alternative requirements developed for ground
water monitoring provided in an approved closure plan or post-closure plan or
in an "enforceable document" [as defined in paragraph (G) of rule
3745-50-45 of the Administrative Code], where the director determines
that: (1) A regulated unit is
situated among waste management units (or areas of concern), a release has
occurred, and both the regulated unit and one or more waste management units
(or areas of concern) are likely to have contributed to the release;
and (2) It is not necessary
to apply the requirements of rules 3745-65-90 to 3745-65-94 of the
Administrative Code because the alternative requirements will protect human
health and the environment. The alternative standards for the regulated unit
shall meet the requirements of paragraph (A) of rule 3745-54-101 of the
Administrative Code.
Last updated October 24, 2022 at 8:59 AM
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Rule 3745-65-91 | Ground water monitoring system.
Effective:
September 2, 1997
(A) A ground water monitoring system shall be capable of yielding ground water samples for analysis and shall consist of: (1) Monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head) from the limit of the waste management area. Their number, locations, and depths shall be sufficient to yield ground water samples that are: (a) Representative of background ground water quality in the uppermost aquifer near the facility; and (b) Not affected by the facility; and (2) Monitoring wells (at least three) installed hydraulically downgradient (i.e., in the direction of decreasing static head) at the limit of the waste management area. Their number, locations, and depths shall ensure that such wells immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer. (3) The facility owner or operator may demonstrate that an alternate hydraulically downgradient monitoring well location will meet the criteria outlined in paragraphs (A)(3)(a) to (A)(3)(d) of this rule. The demonstration shall be in writing and shall be kept at the facility. The demonstration shall be certified by a qualified ground water scientist and shall establish that: (a) An existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit of the waste management area; and (b) The selected alternate downgradient location is as close to the limit of the waste management area as practical; and (c) The location ensures detection that, given the alternate location, is as early as possible of any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer. (d) Lateral expansion, new, or replacement units are not eligible for an alternate downgradient location under paragraphs (A)(3) to (A)(3)(d) of this rule. (B) Separate monitoring systems for each waste management component of a facility are not required provided that provisions for sampling upgradient and downgradient water quality will detect any discharge from the waste management area. (1) In the case of a facility consisting of only one surface impoundment, landfill, or land treatment area, the waste management area is described by the waste boundary (perimeter). (2) In the case of a facility consisting of more than one surface impoundment, landfill, or land treatment area, the waste management area is described by an imaginary boundary line which circumscribes the several waste management components. (C) All monitoring wells shall be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing shall be screened or perforated, and packed with gravel or sand where necessary, to enable sample collection at depths where appropriate aquifer flow zones exist. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth shall be sealed with a suitable material (e.g., cement grout or bentonite slurry) to prevent contamination of samples and the ground water.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981, 1/7/1983
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Rule 3745-65-92 | Sampling and analysis.
Effective:
October 23, 2022
(A) The owner or operator shall obtain and analyze samples from the installed ground water monitoring system. The owner or operator shall develop and follow a ground water sampling and analysis plan. The owner or operator shall keep this plan at the facility. The plan shall include procedures and techniques for: (1) Sample collection; (2) Sample preservation and shipment; (3) Analytical procedures; and (4) Chain of custody control. [Comment: See Ohio EPA's "Technical Guidance Manual (TGM) for Hydrogeologic Investigations and Ground Water Monitoring" for discussions of sampling and analysis procedures. See rule 3745-50-11 of the Administrative Code titled "Incorporated by reference" for information on accessing this document.] (B) The owner or operator shall determine the concentration or value of the following parameters in ground water samples in accordance with paragraphs (C) and (D) of this rule: (1) Parameters characterizing the suitability of the ground water as a drinking water supply, as specified in the table in this rule. (2) Parameters establishing ground water quality: (a) Chloride. (b) Iron. (c) Manganese. (d) Phenols. (e) Sodium. (f) Sulfate. [Comment: These parameters are to be used as a basis for comparison in the event a ground water quality assessment is required under paragraph (D) of rule 3745-65-93 of the Administrative Code.] (3) Parameters used as indicators of ground water contamination: (a) pH. (b) Specific conductance. (c) Total organic carbon. (d) Total organic halogen. (C) (1) For all monitoring wells, the owner or operator shall establish initial background concentrations or values of all parameters specified in paragraph (B) of this rule. The owner or operator shall do this quarterly for one year. (2) For each of the indicator parameters specified in paragraph (B)(3) of this rule, at least four replicate measurements shall be obtained for each sample and the initial background arithmetic mean and variance shall be determined by pooling the replicate measurements for the respective parameter concentrations or values in samples obtained from upgradient wells during the first year. (D) After the first year, all monitoring wells shall be sampled and the samples analyzed with the following frequencies: (1) Samples collected to establish ground water quality shall be obtained and analyzed for the parameters specified in paragraph (B)(2) of this rule at least annually. (2) Samples collected to indicate ground water contamination shall be obtained and analyzed for the parameters specified in paragraph (B)(3) of this rule at least semi-annually. (E) Elevation of the ground water surface at each monitoring well shall be determined each time a sample is obtained. | Parameter | Maximum Level milligrams per liter (mg/L) | | Arsenic | 0.01 | | Barium | 2.0 | | Cadmium | 0.005 | | Chromium | 0.1 | | Fluoride | 4.0 | | Lead | 0.015 | | Mercury | 0.002 | | Nitrate (as N) | 10.0 | | Selenium | 0.05 | | Silver | 0.01 | | Endrin | 0.002 | | Lindane | 0.0002 | | Methoxychlor | 0.04 | | Toxaphene | 0.003 | | 2,4-D | 0.07 | | 2,4,5-TP (Silvex) | 0.05 | | Radium | 5 picoCuries per liter (pCi/L) | | Gross Alpha | 15 pCi/L | | Gross Beta | 4 pCi/L | | Turbidity | 5 nephelometric turbidity units (NTU) | | Coliform Bacteria | no fecal at all; 5 per cent of all other |
[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 8:59 AM
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Rule 3745-65-93 | Preparation, evaluation, and response.
Effective:
October 23, 2022
(A) Before November 19, 1981, the owner
or operator shall prepare an outline of a ground water quality assessment
program. The outline shall describe a more comprehensive ground water
monitoring program than that described in rules 3745-65-91 and 3745-65-92 of
the Administrative Code, which is capable of determining: (1) Whether hazardous
waste or hazardous waste constituents have entered the ground
water; (2) The rate and extent
of migration of hazardous waste or hazardous waste constituents in the ground
water; and (3) The concentrations of
hazardous waste or hazardous waste constituents in the ground
water. (B) For each indicator parameter
specified in paragraph (B)(3) of rule 3745-65-92 of the Administrative Code,
the owner or operator shall calculate the arithmetic mean and variance, based
on at least four replicate measurements on each sample, for each well monitored
in accordance with paragraph (D)(2) of rule 3745-65-92 of the Administrative
Code, and compare these results with that parameter's initial background
arithmetic mean. The comparison shall consider individually each of the wells
in the monitoring system, and shall use the "Student's T-test"
at the 0.01 level of significance (see the appendix to this rule) to determine
statistically significant increases, and decreases in the case of pH, over
initial background. (C) (1) If the comparisons
for the upgradient wells made under paragraph (B) of this rule show a
significant increase, or pH decrease, the owner or operator shall submit this
information in accordance with paragraph (A)(2)(b) of rule 3745-65-94 of the
Administrative Code. (2) If the comparisons
for downgradient wells made under paragraph (B) of this rule show a significant
increase, or pH decrease, the owner or operator shall then immediately obtain
additional ground water samples from those downgradient wells where a
significant difference was detected, split the samples in two, and obtain
analyses of all additional samples to determine whether the significant
difference was a result of laboratory error. (D) (1) If the analyses
performed under paragraph (C)(2) of this rule confirm the significant increase,
or pH decrease, the owner or operator shall provide written notice to the
director, within seven days after the date of such confirmation, that the
facility may be affecting ground water quality. (2) Within fifteen days
after the notification under paragraph (D)(1) of this rule, the owner or
operator shall develop a specific plan, based on the outline required under
paragraph (A) of this rule and certified by a qualified geologist or
geotechnical engineer, for a ground water quality assessment at the facility.
This plan shall be placed in the facility's operating record and
maintained until closure of the facility. (3) The plan to be
submitted under paragraph (D)(1) of rule 3745-65-90 of the Administrative Code
or paragraph (D)(2) of this rule shall specify: (a) The number, location, and depth of wells; (b) Sampling and analytical methods for those hazardous wastes or
hazardous waste constituents in the facility; (c) Evaluation procedures, including any use of previously
gathered ground water quality information; and (d) A schedule of implementation. (4) The owner or operator
shall implement the ground water quality assessment plan which satisfies the
requirements of paragraph (D)(3) of this rule, and, at a minimum,
determine: (a) The rate and extent of migration of the hazardous waste or
hazardous waste constituents in the ground water; and (b) The concentrations of the hazardous waste or hazardous waste
constituents in the ground water. (5) The owner or operator
shall make the first determination under paragraph (D)(4) of this rule as soon
as technically feasible, and prepare a report containing an assessment of the
ground water quality. This report shall be placed in the facility's
operating record and maintained until closure of the facility. (6) If the owner or
operator determines, based on the results of the first determination under
paragraph (D)(4) of this rule, that no hazardous waste or hazardous waste
constituents from the facility have entered the ground water, then the owner or
operator may reinstate the indicator evaluation program described in rule
3745-65-92 of the Administrative Code and paragraph (B) of this rule. If the
owner or operator reinstates the indicator evaluation program, the owner or
operator shall so notify the director in the report submitted under paragraph
(D)(5) of this rule. (7) If the owner or
operator determines, based on the first determination under paragraph (D)(4) of
this rule, that hazardous waste or hazardous waste constituents from the
facility have entered the ground water, then the owner or
operator: (a) Shall continue to make the determinations required under
paragraph (D)(4) of this rule on a quarterly basis until final closure of the
facility, if the ground water quality assessment plan was implemented prior to
final closure of the facility; or (b) May cease to make the determinations required under paragraph
(D)(4) of this rule, if the ground water quality assessment plan was
implemented during the post-closure care period. (E) Notwithstanding any other provision
in rules 3745-65-90 to 3745-65-94 of the Administrative Code, any ground water
quality assessment to satisfy the requirements of paragraph (D)(4) of this rule
which is initiated prior to final closure of the facility shall be completed
and reported in accordance with paragraph (D)(5) of this rule. (F) Unless the ground water is monitored
to satisfy the requirements of paragraph (D)(4) of this rule, at least annually
the owner or operator shall evaluate the data on ground water surface
elevations obtained under paragraph (E) of rule 3745-65-92 of the
Administrative Code to determine whether the requirements under paragraph (A)
of rule 3745-65-91 of the Administrative Code for locating the monitoring wells
continues to be satisfied. If the evaluation shows that paragraph (A) of rule
3745-65-91 of the Administrative Code is no longer satisfied, the owner or
operator shall immediately modify the number, location, or depth of the
monitoring wells to bring the ground water monitoring system into compliance
with this requirement.
View Appendix
Last updated October 24, 2022 at 8:59 AM
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Rule 3745-65-94 | Recordkeeping and reporting- ground water monitoring.
Effective:
February 12, 2018
(A) Unless the ground water is monitored
to comply with paragraph (D)(4) of rule 3745-65-93 of the Administrative Code,
the owner or operator shall do the following: (1) Keep records of the
analyses required in paragraphs (C) and (D) of rule 3745-65-92 of the
Administrative Code, the associated ground water surface elevations required in
paragraph (E) of rule 3745-65-92 of the Administrative Code, and the
evaluations required in paragraph (B) of rule 3745-65-93 of the Administrative
Code throughout the active life of the facility, and, for disposal facilities,
throughout the post-closure care period as well. (2) Report the following
ground water monitoring information to the director, on the form provided by
the director: (a) During the first year when initial background concentrations
are being established for the facility: Concentrations or values of the
parameters listed in paragraph (B)(1) of rule 3745-65-92 of the Administrative
Code for each ground water monitoring well within fifteen days after completing
each quarterly analysis. The owner or operator shall separately identify for
each monitoring well any parameters for which the concentration or value has
been found to exceed the maximum contaminant levels listed in the table in rule
3745-65-92 of the Administrative Code. (b) Annually: Concentrations or values of the parameters listed
in paragraph (B)(3) of rule 3745-65-92 of the Administrative Code for each
ground water monitoring well, along with the required evaluations for these
parameters under paragraph (B) of rule 3745-65-93 of the Administrative Code.
The owner or operator shall separately identify any significant differences
from initial background found in upgradient wells, in accordance with paragraph
(C)(1) of rule 3745-65-93 of the Administrative Code. During the active life of
the facility, this information shall be submitted no later than March first
following each calendar year. (c) No later than March first following each calendar year:
Results of the evaluation of ground water surface elevations under paragraph
(F) of rule 3745-65-93 of the Administrative Code, and a description of the
response to that evaluation, where applicable. (B) If the ground water is monitored to
comply with paragraph (D)(4) of rule 3745-65-93 of the Administrative Code, the
owner or operator shall do all of the following: (1) Keep records of the
analyses and evaluations specified in the plan, that comply with paragraph
(D)(3) of rule 3745-65-93 of the Administrative Code, throughout the active
life of the facility, and, for disposal facilities, throughout the post-closure
care period as well. (2) Annually, until final
closure of the facility, submit to the director a report containing the results
of the ground water quality assessment program which includes, but is not
limited to, the calculated (or measured) rate of migration of hazardous waste
or hazardous waste constituents in the ground water during the reporting
period. This information shall be submitted, on the form provided by the
director, no later than March first following each calendar year.
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