Ohio Admin. Code 3745-205-80 - Applicability and definitions - air emission standards for tanks, surface impoundments, and containers
(A) Rules
3745-205-80 to
3745-205-90 of the
Administrative Code apply to owners and operators of all facilities that treat,
store, or dispose of hazardous waste in tanks, surface impoundments, or
containers subject to either rules
3745-55-70 to 3745-55-79,
or 3745-55-90 to 3745-55-100, or 3745-56-20 to
3745-56-32 of the Administrative Code, except as
rule 3745-54-01 of the Administrative
Code and paragraph (B) of this rule provide otherwise.
(B) Rules
3745-205-80 to
3745-205-90 of the
Administrative Code do not apply to the following waste management units at the
facility :
(1) A waste management unit that
holds hazardous waste placed in the unit before December 6, 1996, and in which
no hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity
less than or equal to 0.1 cubic meters (m3).
(3) A tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner
or operator has stopped adding hazardous waste (except to implement an approved
closure plan) and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan.
(5) A waste management unit that is used
solely for on-site treatment or storage of hazardous waste that is placed in
the unit as a result of implementing remedial activities required under the
corrective action authorities of RCRA
Sections 3004(u), 3004(v), or 3008(h) of RCRA;
CERCLA authorities; or similar federal or state authorities.
(6) A waste management unit that is used
solely for the management of radioactive mixed waste in accordance with all
applicable regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act .
(7) A
hazardous waste management unit that the owner or operator certifies is
equipped with and operating air emission controls in accordance with the
requirements of an applicable Clean Air Act regulation codified under 40 CFR
Part 60, Part 61, or Part 63. For the purpose of complying with this paragraph,
a tank for which the air emission control includes an enclosure, as opposed to
a cover, shall be in compliance with the enclosure and control device
requirements of paragraph (I) of rule
3745-205-84 of the
Administrative Code, except as provided in paragraph (C)(5) of rule
3745-205-82 of the
Administrative Code.
(C)
For the owner and operator of a facility subject to rules
3745-205-80 to
3745-205-90 of the
Administrative Code who received a final Ohio hazardous waste management permit
prior to December 6, 1996, the requirements of rules
3745-205-80 to
3745-205-90 of the
Administrative Code shall be incorporated into the permit when the permit is
modified or renewed in accordance with the requirements of
rules 3745-50-40 to 3745-50-235
Chapter 3745-50 of the Administrative Code or reviewed
in accordance with the requirements of paragraph (D) of rule
3745-50-54 of the Administrative
Code. Until such date when the permit is modified or renewed in accordance with
the requirements of rules 3745-50-40 to
3745-50-235
Chapter 3745-50 of the
Administrative Code or reviewed in accordance with the requirements of
paragraph (D) of rule
3745-50-54 of the Administrative
Code, the owner and operator are subject to the requirements of rules
3745-256-80 to
3745-256-90 of the
Administrative Code.
(D) Rules
3745-205-80 to
3745-205-90 of the
Administrative Code, except for the recordkeeping requirements specified in
paragraph (I) of rule
3745-205-89 of the
Administrative Code, are exempt for a tank or a container used for the
management of hazardous waste generated by organic peroxide manufacturing and
its associated laboratory operations when the owner or operator of the unit
meets all of the following conditions:
(1) The
owner or operator identifies that the tank or container receives hazardous
waste generated by an organic peroxide manufacturing process producing more
than one functional family of organic peroxides or multiple organic peroxides
within one functional family, that one or more of these organic peroxides could
potentially undergo self-accelerating thermal decomposition at or below ambient
temperatures, and that organic peroxides are the predominant products
manufactured by the process. For the purpose of meeting the conditions of this
paragraph, "organic peroxide " means an organic compound that contains the
bivalent -O-O- structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical.
(2) The owner or operator prepares
documentation, in accordance with the requirements of paragraph (I) of rule
3745-205-89 of the
Administrative Code, explaining why an undue safety hazard would be created if
air emission controls specified in rules
3745-205-84 to
3745-205-87 of the
Administrative Code are installed and operated on the tanks and containers used
at the facility to manage the hazardous waste generated by the organic peroxide
manufacturing process or processes meeting the conditions of paragraph (D)(1)
of this rule.
(3) The owner or
operator notifies the director in writing that hazardous waste generated by an
organic peroxide manufacturing process or processes meeting the conditions of
paragraph (D)(1) of this rule are managed at the facility in tanks or
containers meeting the conditions of paragraph (D)(2) of this rule. The
notification shall state the name and address of the facility , and be signed
and dated by an authorized representative of the facility owner or
operator .
(E)
[Reserved.]
(F)
[Reserved.]
(G)
[Reserved.]
(H) Definitions. As
used in rules
3745-205-80 to
3745-205-90 of the
Administrative Code, all terms shall have the meaning as in rule 3745-256-81,
Chapters 3745-50, 3745-51, 3745-52, 3745-53,
3745-54 to 3745-57 and 3745-205, 3745-65 to
3745-3745-69, 3745-205,
and 3745-256, and 3745-266 of the Administrative
Code, and in the Resource Conservation and Recovery Act .
[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."]
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 06/12/2023
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) Rules 3745-205-80 to 3745-205-90 of the Administrative Code apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to either rules 3745-55-70 to 3745-55-79, 3745-55-90 to 3745-55-100, or 3745-56-20 to 3745-56-32 of the Administrative Code except as rule 3745-54-01 of the Administrative Code and paragraph (B) of this rule provide otherwise.
(B) Rules 3745-205-80 to 3745-205-90 of the Administrative Code do not apply to the following waste management units at the facility :
(1) A waste management unit that holds hazardous waste placed in the unit before December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity less than or equal to 0.1 cubic meters (m3).
(3) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(5) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of RCRA Sections 3004(u), 3004(v), or 3008(h); CERCLA authorities; or similar federal or state authorities.
(6) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act .
(7) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or Part 63. For the purpose of complying with this paragraph, a tank for which the air emission control includes an enclosure, as opposed to a cover, shall be in compliance with the enclosure and control device requirements of paragraph (I) of rule 3745-205-84 of the Administrative Code, except as provided in paragraph (C)(5) of rule 3745-205-82 of the Administrative Code.
(8) A tank that has a "process vent " as defined in rule 3745-205-31 of the Administrative Code.
(C) For the owner and operator of a facility subject to rules 3745-205-80 to 3745-205-90 of the Administrative Code who received a final Ohio hazardous waste management permit prior to December 6, 1996, the requirements of rules 3745-205-80 to 3745-205-90 of the Administrative Code shall be incorporated into the permit when the permit is modified or renewed in accordance with the requirements of rules 3745-50-40 to 3745-50-235 of the Administrative Code or reviewed in accordance with the requirements of paragraph (D) of rule 3745-50-54 of the Administrative Code. Until such date when the permit is modified or renewed in accordance with the requirements of rules 3745-50-40 to 3745-50-235 of the Administrative Code or reviewed in accordance with the requirements of paragraph (D) of rule 3745-50-54 of the Administrative Code, the owner and operator are subject to the requirements of rules 3745-256-80 to 3745-256-90 of the Administrative Code.
(D) Rules 3745-205-80 to 3745-205-90 of the Administrative Code, except for the recordkeeping requirements specified in paragraph (I) of rule 3745-205-89 of the Administrative Code, are exempt for a tank or a container used for the management of hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:
(1) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures, and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this paragraph, "organic peroxide " means an organic compound that contains the bivalent -O-O- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
(2) The owner or operator prepares documentation, in accordance with the requirements of paragraph (I) of rule 3745-205-89 of the Administrative Code, explaining why an undue safety hazard would be created if air emission controls specified in rules 3745-205-84 to 3745-205-87 of the Administrative Code are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting the conditions of paragraph (D)(1) of this rule.
(3) The owner or operator notifies the director in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting the conditions of paragraph (D)(1) of this rule are managed at the facility in tanks or containers meeting the conditions of paragraph (D)(2) of this rule. The notification shall state the name and address of the facility , and be signed and dated by an authorized representative of the facility owner or operator .
(E) [Reserved.]
(F) [Reserved.]
(G) [Reserved.]
(H) Definitions. As used in rules 3745-205-80 to 3745-205-90 of the Administrative Code, all terms shall have the meaning as in rule 3745-256-81, Chapters 3745-50 to 3745-57, 3745-65 to 3745-3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code, and in the Resource Conservation and Recovery Act .
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12