Ohio Admin. Code 3745-256-80 - Applicability - air emission standards for tanks, surface impoundments, and containers
(A)
Rules
3745-256-80 to
3745-256-90 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
3745-66-70 to
3745-66-78,
3745-66-90 to
3745-66-102, or rules
3745-67-20 to
3745-67-31 of the Administrative
Code, except as provided in rule
3745-65-01 of the Administrative
Code and paragraph (B) of this rule.
(B)
Rules
3745-256-80 to
3745-256-90 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
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 Section 3004(u),
Section 3004(v), or Section 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
3745-256-85 of the
Administrative Code, except as provided in paragraph (C)(5) of rule
3745-256-83 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 this subpart who has received a final Ohio
hazardous waste management permit prior to December 6, 1996, the following
requirements apply:
(1)
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
reissued in accordance with the requirements of
40 CFR
124.15 or reviewed in accordance with the
requirements of paragraph (D) of rule
3745-50-54 of the Administrative
Code.
(2)
Until the date when the permit is reissued in
accordance with the requirements of
40 CFR
124.15 or reviewed in accordance with the
requirements of paragraph (D) of rule
3745-50-54 of the Administrative
Code, the owner and operator is subject to the requirements of rules
3745-256-80 to
3745-256-90 of the
Administrative Code.
(D)
Rules
3745-256-80 to
3745-256-90 of the
Administrative Code, except for the recordkeeping requirements specified in
paragraph (I) of rules
3745-256-90 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
the tank's or container's 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
3745-256-90 of the
Administrative Code, explaining why an undue safety hazard would be created if
air emission controls specified in rules
3745-256-85 to
3745-256-88 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.
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
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