Ohio Admin. Code 3745-256-83 - General - air emission standards for tanks, surface impoundments, and containers
(A) This rule applies to the management of
hazardous waste in tanks, surface impoundments, and containers subject to rules
3745-256-80 to
3745-256-90 of the
Administrative Code.
(B) The owner
or operator shall control air pollutant emissions from each hazardous waste
management unit in accordance with standards specified in rules
3745-256-85 to
3745-256-88 of the
Administrative Code, as applicable to the hazardous waste management unit,
except as provided for in paragraph (C) of this rule.
(C) A tank, surface impoundment, or container
is exempt from standards specified in rules
3745-256-85 to
3745-256-88 of the
Administrative Code, as applicable, provided that the waste management unit is
one of the following:
(1) A tank, surface
impoundment, or container for which all hazardous waste entering the unit has
an average volatile organics (VO) concentration at the point of waste
origination of less than five hundred parts per million by weight (ppmw). The
average VO concentration shall be determined using the procedures specified in
paragraph (A) of rule
3745-256-84 of the
Administrative Code. The owner or operator shall review and update, as
necessary, this determination at least once every twelve months after the date
of the initial determination for the hazardous waste streams entering the
unit.
(2) A tank, surface
impoundment, or container for which the organic content of all the hazardous
waste entering the waste management unit has been reduced by an organic
destruction or removal process that achieves any one of the following
conditions:
(a) A process that removes or
destroys the organics contained in the hazardous waste to a level such that the
average VO concentration of the hazardous waste at the point of waste treatment
is less than the exit concentration limit (Ct) established for the process. The
average VO concentration of the hazardous waste at the point of waste treatment
and the exit concentration limit for the process shall be determined using the
procedures specified in paragraph (B) of rule
3745-256-84 of the
Administrative Code.
(b) A process
that removes or destroys the organics contained in the hazardous waste to a
level such that the organic reduction efficiency (R) for the process is equal
to or greater than ninety-five per cent, and the average VO concentration of
the hazardous waste at the point of waste treatment is less than one hundred
parts per million by weight ( ppmw). The R for the process and the average VO
concentration of the hazardous waste at the point of waste treatment shall be
determined using the procedures specified in paragraph (B) of rule
3745-256-84 of the
Administrative Code.
(c) A process
that removes or destroys the organics contained in the hazardous waste to a
level such that the actual organic mass removal rate (MR) for the process is
equal to or greater than the required organic mass removal rate (RMR)
established for the process. The RMR and the MR for the process shall be
determined using the procedures specified in paragraph (B) of rule
3745-256-84 of the
Administrative Code.
(d) A
biological process that destroys or degrades the organics contained in the
hazardous waste, such that either of the following conditions is met:
(i) The organic
reduction efficiency ( R) for the
process is equal to or greater than ninety-five per cent, and the organic
biodegradation efficiency (Rbio) for the process is
equal to or greater than ninety-five per cent. The R and the
organic biodegradation efficiency
Rbio for the process shall be
determined using the procedures specified in paragraph (B) of rule
3745-256-84 of the
Administrative Code.
(ii) The total
actual organic mass biodegradation rate (MRbio) for all
hazardous waste treated by the process is equal to or greater than the required
organic mass removal rate (RMR). The RMR and the actual organic mass biodegradation rate
MRbio for the process shall be
determined using the procedures specified in paragraph (B) of rule
3745-256-84 of the
Administrative Code.
(e)
A process that removes or destroys the organics contained in the hazardous
waste and meets all of the following conditions:
(i) From the point of waste origination
through the point where the hazardous waste enters the treatment process, the
hazardous waste is managed continuously in waste management units which use air
emission controls in accordance with the standards specified in rules
3745-256-85 to
3745-256-88 of the
Administrative Code, as applicable to the waste management unit.
(ii) From the point of waste origination
through the point where the hazardous waste enters the treatment process, any
transfer of the hazardous waste is accomplished through continuous hard-piping
or other closed system transfer that does not allow exposure of the waste to
the atmosphere. Ohio EPA considers a drain system that meets the requirements
of 40 CFR Part 63 subpart RR "National Emission Standards for Individual Drain
Systems" to be a closed system.
(iii) The average VO concentration of the
hazardous waste at the point of waste treatment is less than the lowest average
VO concentration at the point of waste origination determined for each of the
individual waste streams entering the process or five-hundred ppmw, whichever
value is lower. The average VO concentration of each individual waste stream at
the point of waste origination shall be determined using the procedures
specified in paragraph (A) of rule
3745-256-84 of the
Administrative Code. The average VO concentration of the hazardous waste at the
point of waste treatment shall be determined using the procedures specified in
paragraph (B) of rule
3745-256-84 of the
Administrative Code.
(f)
A process that removes or destroys the organics contained in the hazardous
waste to a level such that the R for the process is equal to or greater than
ninety-five per cent and the owner or operator certifies that the average VO
concentration at the point of waste origination for each of the individual
waste streams entering the process is less than ten thousand ppmw. The R for
the process and the average VO concentration of the hazardous waste at the
point of waste origination shall be determined using the procedures specified
in paragraphs (B) and (A) of rule
3745-256-84 of the
Administrative Code, respectively.
(g) A hazardous waste incinerator for which
the owner or operator has either:
(i) Been
issued a final permit under rules 3745-50-40 to
3745-50-235
Chapter 3745-50 of the
Administrative Code which implement the requirements of rules
3745-68-40 to
3745-68-52 of the Administrative
Code; or
(ii) Has designed and
operates the incinerator in accordance with the interim standards requirements
of rules
3745-68-40 to
3745-68-52 of the Administrative
Code.
(h) A boiler or
industrial furnace for which the owner or operator has either:
(i) Been issued a final permit under
rules 3745-50-40 to 3745-50-235
Chapter 3745-50 of the Administrative Code which
implement
implements the requirements of rules
3745-266-100 to
3745-266-112 of the
Administrative Code; or
(ii) Has
designed and operates the boiler or industrial furnace in accordance with the
interim standards requirements of rules
3745-266-100 to
3745-266-112 of the
Administrative Code.
(i)
To determine the performance of an organic destruction or removal process in
accordance with the conditions in each of paragraphs (C)(2)(a) to (C)(2)(f) of
this rule, the owner or operator shall account for VO concentrations determined
to be below the limit of detection of the analytical method by using the
following VO concentration :
(i) If method 25D
in 40 CFR Part 60 appendix A is used for the analysis, one-half the blank value
determined in the method at section 4.4 of method 25D in 40 CFR Part 60
appendix A, or a value of twenty-five ppmw, whichever is less.
(ii) If any other analytical method is used,
one-half the sum of the limits of detection established for each organic
constituent in the waste that has a Henry's law constant value at least 0.1
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which also can be expressed as 1.8 x 10-6
atmospheres/gram-mole/m3] at twenty-five degrees
Celsius.
(3)
A tank or surface impoundment used for biological treatment of hazardous waste
in accordance with the requirements of paragraph (C)(2)(d) of this
rule.
(4) A tank, surface
impoundment, or container for which all hazardous waste placed in the unit
either:
(a) Meets the numerical concentration
limits for organic hazardous constituents, applicable to the hazardous waste,
as specified in the table in rule
3745-270-40 of the
Administrative Code; or
(b) The
organic hazardous constituents in the waste have been treated by the treatment
technology established by Ohio EPA for the waste in paragraph (A) of rule
3745-270-42 of the
Administrative Code, or have been removed or destroyed by an equivalent method
of treatment approved pursuant to paragraph (B) of rule
3745-270-42 of the
Administrative Code.
(5)
A tank used for bulk feed of hazardous waste to a waste incinerator and all of
the following conditions are met:
(a) The tank
is located inside an enclosure vented to a control device that is designed and
operated in accordance with all applicable requirements specified under 40 CFR
Part 61 subpart FF- "National Emission Standards for Benzene Waste Operations"
for a facility at which the total annual benzene quantity from the facility
waste is equal to or greater than ten megagrams per year;
(b) The enclosure and control device serving
the tank were installed and began operation prior to November 25, 1996;
and
(c) The enclosure is designed
and operated in accordance with the criteria for a permanent total enclosure as
specified in "Procedure T- Criteria for and Verification of a Permanent or
Temporary Total Enclosure " under
40 CFR
52.741 appendix B. The enclosure may have
permanent or temporary openings to allow worker access; passage of material
into or out of the enclosure by conveyor, vehicles, or other mechanical or
electrical equipment; or to direct air flow into the enclosure . The owner or
operator shall perform the verification procedure for the enclosure as
specified in Section 5.0 of "Procedure T- Criteria for and Verification of a
Permanent or Temporary Total Enclosure " annually.
(D) The director may at any time
perform or request that the owner or operator perform a waste determination for
a hazardous waste managed in a tank, surface impoundment, or container exempted
from using air emission controls under this rule as follows:
(1) The waste determination for average VO
concentration of a hazardous waste at the point of waste origination shall be
performed using direct measurement in accordance with the applicable
requirements of paragraph (A) of rule
3745-256-84 of the
Administrative Code. The waste determination for a hazardous waste at the point
of waste treatment shall be performed in accordance with the applicable
requirements of paragraph (B) of rule
3745-256-84 of the
Administrative Code.
(2) In
performing a waste determination pursuant to paragraph (D)(1) of this rule, the
sample preparation and analysis shall be conducted as follows:
(a) In accordance with the method used by the
owner or operator to perform the waste analysis, except in the case specified
in paragraph (D)(2)(b) of this rule.
(b) If the director determines that the
method used by the owner or operator was not appropriate for the hazardous
waste managed in the tank, surface impoundment, or container, then the director
may choose an appropriate method.
(3) In a case when the owner or operator is
requested to perform the waste determination , the director may elect to have an
authorized representative observe the collection of the hazardous waste samples
used for the analysis.
(4) In a
case when the results of the waste determination performed or requested by the
director do not agree with the results of a waste determination performed by
the owner or operator using knowledge of the waste, then the results of the
waste determination performed in accordance with the requirements of paragraph
(D)(1) of this rule shall be used to establish compliance with the requirements
of rules
3745-256-80 to
3745-256-90 of the
Administrative Code.
(5) In a case
when the owner or operator has used an averaging period greater than one hour
for determining the average VO concentration of a hazardous waste at the point
of waste origination , the director may elect to establish compliance with rules
3745-256-80 to
3745-256-90 of the
Administrative Code by performing or requesting that the owner or operator
perform a waste determination using direct measurement based on waste samples
collected within a one-hour period as follows:
(a) The average VO concentration of the
hazardous waste at the point of waste origination shall be determined by direct
measurement in accordance with the requirements of paragraph (A) of rule
3745-256-84 of the
Administrative Code.
(b) Results of
the waste determination performed or requested by the director showing that the
average VO concentration of the hazardous waste at the point of waste
origination is equal to or greater than five hundred ppmw shall constitute
noncompliance with rules
3745-256-80 to
3745-256-90 of the
Administrative Code except in a case as provided for in paragraph (D)(5)(c) of
this rule.
(c) For the case when
the average VO concentration of the hazardous waste at the point of waste
origination previously has been determined by the owner or operator using an
averaging period greater than one hour to be less than five hundred ppmw but
because of normal operating process variations the VO concentration of the
hazardous waste determined by direct measurement for any given one-hour period
may be equal to or greater than five hundred ppmw, information that was used by
the owner or operator to determine the average VO concentration of the
hazardous waste (e.g., test results, measurements, calculations, and other
documentation) and recorded in the facility records in accordance with the
requirements of paragraph (A) of rule
3745-256-84 and rule
3745-256-90 of the
Administrative Code shall be considered by the director together with the
results of the waste determination performed or requested by the director in
establishing compliance with rules
3745-256-80 to
3745-256-90 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."]
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) This rule applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to rules 3745-256-80 to 3745-256-90 of the Administrative Code.
(B) The owner or operator shall control air pollutant emissions from each hazardous waste management unit in accordance with standards specified in rules 3745-256-85 to 3745-256-88 of the Administrative Code, as applicable to the hazardous waste management unit, except as provided for in paragraph (C) of this rule.
(C) A tank, surface impoundment, or container is exempt from standards specified in rules 3745-256-85 to 3745-256-88 of the Administrative Code, as applicable, provided that the waste management unit is one of the following:
(1) A tank, surface impoundment, or container for which all hazardous waste entering the unit has an average volatile organics (VO) concentration at the point of waste origination of less than five hundred parts per million by weight (ppmw). The average VO concentration shall be determined using the procedures specified in paragraph (A) of rule 3745-256-84 of the Administrative Code. The owner or operator shall review and update, as necessary, this determination at least once every twelve months after the date of the initial determination for the hazardous waste streams entering the unit.
(2) A tank, surface impoundment, or container for which the organic content of all the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process that achieves any one of the following conditions:
(a) A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (Ct) established for the process. The average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process shall be determined using the procedures specified in paragraph (B) of rule 3745-256-84 of the Administrative Code.
(b) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than ninety-five per cent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than one hundred parts per million by weight (ppmw). The R for the process and the average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in paragraph (B) of rule 3745-256-84 of the Administrative Code.
(c) A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is equal to or greater than the required organic mass removal rate (RMR) established for the process. The RMR and the MR for the process shall be determined using the procedures specified in paragraph (B) of rule 3745-256-84 of the Administrative Code.
(d) A biological process that destroys or degrades the organics contained in the hazardous waste, such that either of the following conditions is met:
(i) The organic reduction efficiency (R) for the process is equal to or greater than ninety-five per cent, and the organic biodegradation efficiency (Rbio) for the process is equal to or greater than ninety-five per cent. The R and the organic biodegradation efficiency for the process shall be determined using the procedures specified in paragraph (B) of rule 3745-256-84 of the Administrative Code.
(ii) The total actual organic mass biodegradation rate (MRbio) for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). The RMR and the actual organic mass biodegradation rate for the process shall be determined using the procedures specified in paragraph (B) of rule 3745-256-84 of the Administrative Code.
(e) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:
(i) From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls in accordance with the standards specified in rules 3745-256-85 to 3745-256-88 of the Administrative Code, as applicable to the waste management unit.
(ii) From the point of waste origination through the point where the hazardous waste enters the treatment process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other closed system transfer that does not allow exposure of the waste to the atmosphere. Ohio EPA considers a drain system that meets the requirements of 40 CFR Part 63 subpart RR "National Emission Standards for Individual Drain Systems" to be a closed system.
(iii) The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual waste streams entering the process or five-hundred ppmw, whichever value is lower. The average VO concentration of each individual waste stream at the point of waste origination shall be determined using the procedures specified in paragraph (A) of rule 3745-256-84 of the Administrative Code. The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in paragraph (B) of rule 3745-256-84 of the Administrative Code.
(f) A process that removes or destroys the organics contained in the hazardous waste to a level such that the R for the process is equal to or greater than ninety-five per cent and the owner or operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than ten thousand ppmw. The R for the process and the average VO concentration of the hazardous waste at the point of waste origination shall be determined using the procedures specified in paragraphs (B) and (A) of rule 3745-256-84 of the Administrative Code, respectively.
(g) A hazardous waste incinerator for which the owner or operator has either:
(i) Been issued a final permit under rules 3745-50-40 to 3745-50-235 of the Administrative Code which implement the requirements of rules 3745-68-40 to 3745-68-52 of the Administrative Code; or
(ii) Has designed and operates the incinerator in accordance with the interim standards requirements of rules 3745-68-40 to 3745-68-52 of the Administrative Code.
(h) A boiler or industrial furnace for which the owner or operator has either:
(i) Been issued a final permit under rules 3745-50-40 to 3745-50-235 of the Administrative Code which implement the requirements of rules 3745-266-100 to 3745-266-112 of the Administrative Code; or
(ii) Has designed and operates the boiler or industrial furnace in accordance with the interim standards requirements of rules 3745-266-100 to 3745-266-112 of the Administrative Code.
(i) To determine the performance of an organic destruction or removal process in accordance with the conditions in each of paragraphs (C)(2)(a) to (C)(2)(f) of this rule, the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration :
(i) If method 25D in 40 CFR Part 60 appendix A is used for the analysis, one-half the blank value determined in the method at section 4.4 of method 25D in 40 CFR Part 60 appendix A, or a value of twenty-five ppmw, whichever is less.
(ii) If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant value at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which also can be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at twenty-five degrees Celsius.
(3) A tank or surface impoundment used for biological treatment of hazardous waste in accordance with the requirements of paragraph (C)(2)(d) of this rule.
(4) A tank, surface impoundment, or container for which all hazardous waste placed in the unit either:
(a) Meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in rule 3745-270-40 of the Administrative Code; or
(b) The organic hazardous constituents in the waste have been treated by the treatment technology established by Ohio EPA for the waste in paragraph (A) of rule 3745-270-42 of the Administrative Code, or have been removed or destroyed by an equivalent method of treatment approved pursuant to paragraph (B) of rule 3745-270-42 of the Administrative Code.
(5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:
(a) The tank is located inside an enclosure vented to a control device that is designed and operated in accordance with all applicable requirements specified under 40 CFR Part 61 subpart FF- "National Emission Standards for Benzene Waste Operations" for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than ten megagrams per year;
(b) The enclosure and control device serving the tank were installed and began operation prior to November 25, 1996; and
(c) The enclosure is designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T- Criteria for and Verification of a Permanent or Temporary Total Enclosure " under 40 CFR 52.741 appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical or electrical equipment; or to direct air flow into the enclosure . The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 of "Procedure T- Criteria for and Verification of a Permanent or Temporary Total Enclosure " annually.
(D) The director may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment, or container exempted from using air emission controls under this rule as follows:
(1) The waste determination for average VO concentration of a hazardous waste at the point of waste origination shall be performed using direct measurement in accordance with the applicable requirements of paragraph (A) of rule 3745-256-84 of the Administrative Code. The waste determination for a hazardous waste at the point of waste treatment shall be performed in accordance with the applicable requirements of paragraph (B) of rule 3745-256-84 of the Administrative Code.
(2) In performing a waste determination pursuant to paragraph (D)(1) of this rule, the sample preparation and analysis shall be conducted as follows:
(a) In accordance with the method used by the owner or operator to perform the waste analysis, except in the case specified in paragraph (D)(2)(b) of this rule.
(b) If the director determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment, or container, then the director may choose an appropriate method.
(3) In a case when the owner or operator is requested to perform the waste determination , the director may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
(4) In a case when the results of the waste determination performed or requested by the director do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, then the results of the waste determination performed in accordance with the requirements of paragraph (D)(1) of this rule shall be used to establish compliance with the requirements of rules 3745-256-80 to 3745-256-90 of the Administrative Code.
(5) In a case when the owner or operator has used an averaging period greater than one hour for determining the average VO concentration of a hazardous waste at the point of waste origination , the director may elect to establish compliance with rules 3745-256-80 to 3745-256-90 of the Administrative Code by performing or requesting that the owner or operator perform a waste determination using direct measurement based on waste samples collected within a one-hour period as follows:
(a) The average VO concentration of the hazardous waste at the point of waste origination shall be determined by direct measurement in accordance with the requirements of paragraph (A) of rule 3745-256-84 of the Administrative Code.
(b) Results of the waste determination performed or requested by the director showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than five hundred ppmw shall constitute noncompliance with rules 3745-256-80 to 3745-256-90 of the Administrative Code except in a case as provided for in paragraph (D)(5)(c) of this rule.
(c) For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than one hour to be less than five hundred ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given one-hour period may be equal to or greater than five hundred ppmw, information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations, and other documentation) and recorded in the facility records in accordance with the requirements of paragraph (A) of rule 3745-256-84 and rule 3745-256-90 of the Administrative Code shall be considered by the director together with the results of the waste determination performed or requested by the director in establishing compliance with rules 3745-256-80 to 3745-256-90 of the Administrative Code.
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12