Ohio Admin. Code 3745-270-01 - Purpose, scope, and applicability - land disposal restrictions
(A)
Chapter 3745-270 of the Administrative Code identifies hazardous wastes that
are restricted from land disposal and defines those limited circumstances under
which an otherwise prohibited waste may continue to be land disposed.
(B) Except as specifically provided otherwise
in Chapter 3745-51 or 3745-270 of the Administrative Code, Chapter 3745-270 of
the Administrative Code applies to persons who generate or transport hazardous
waste and owners and operators of hazardous waste treatment, storage, and
disposal facilities.
(C) Restricted
wastes may continue to be land disposed as follows:
(1) Where persons have been granted an
extension to the effective date of a prohibition under rules
3745-270-20
to
3745-270-39
of the Administrative Code, or pursuant to rule
3745-270-05
of the Administrative Code, with respect to those wastes covered by the
extension.
;
(2)
Where persons have been granted an exemption from a prohibition pursuant to a
petition under rule
3745-270-06
of the Administrative Code, with respect to those wastes and units covered by
the exemption.
;
(3)
Wastes that are hazardous only because the wastes exhibit a hazardous
characteristic, and which are otherwise prohibited from land disposal under
Chapter 3745-270 of the Administrative Code or 40 C.F.R.
CFR Part 148
are not prohibited from land disposal if the wastes meet the following criteria:
(a) Are disposed into a nonhazardous or
hazardous injection well as described in 40 C.F.R.
CFR
144.6(a).
;
and
(b) Do not exhibit any
prohibited characteristic of hazardous waste identified in rules
3745-51-20
to
3745-51-24
of the Administrative Code at the point of injection.
(4) Wastes that are hazardous only because
the wastes exhibit a hazardous characteristic, and which are otherwise
prohibited by Chapter 3745-270 of the Administrative Code, are not prohibited
if the wastes meet any of the following criteria, unless the wastes are subject
to a specified method of treatment other than DEACT in rule
3745-270-40
of the Administrative Code, or are D003 reactive cyanide:
(a) The wastes are managed in a treatment
system which subsequently discharges to waters of the United States pursuant to
a permit issued under Section 402 of the Clean Water Act (CWA); or
(b) The wastes are treated for the purposes
of the pretreatment requirements of Section 307 of the CWA; or
(c) The wastes are managed in a zero
discharge system engaged in "CWA-equivalent treatment" as defined in paragraph
(A) of rule
3745-270-37
of the Administrative Code; and
(d)
The wastes no longer exhibit a prohibited characteristic at the point of land
disposal (i.e., placement in a surface
impoundment).
(D) Chapter 3745-270 of the Administrative
Code does not affect the availability of a waiver under Section 121(d)(4) of
the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA).
(E) The following
hazardous wastes are not subject to any provision of Chapter 3745-270 of the
Administrative Code:
(1) Waste generated by
"very small quantity generators,", as defined in rule
3745-50-10
of the Administrative Code.
;
(2) Waste pesticides that a farmer disposes
of pursuant to rule
3745-52-70 of the
Administrative Code.
;
(3)
Wastes identified or listed as hazardous after November 8, 1984 for which Ohio
EPA has not promulgated land disposal prohibitions or treatment
standards.
;
(4) De
minimis losses of characteristic wastes to wastewaters are not considered to be
prohibited wastes and are defined as losses from normal material handling
operations (e.g. spills from the unloading or transfer of materials from bins
or other containers; leaks from pipes, valves, or other devices used to
transfer materials); minor leaks of process equipment, storage tanks, or
containers; leaks from well-maintained pump packings and seals; sample
purgings; and relief device discharges; discharges from safety showers and
rinsing and cleaning of personal safety equipment; rinsate from empty
containers or from containers that are rendered empty by that rinsing; and
laboratory wastes not exceeding one per cent of the total flow of wastewater
into the facility's headworks on an annual basis, or with a combined annualized
average concentration not exceeding one part per million in the headworks of
the facility's wastewater treatment or pretreatment facility.
(F) "Universal waste handlers" and
"universal waste transporters," as defined in rule
3745-50-10
of the Administrative Code, are exempt from rules 3745-270-07 and 3745-270-50
of the Administrative Code for the hazardous
wastes listed in paragraphs (F)(1) to (F)(5) of this rule. These handlers and
transporters are subject to regulation under Chapter 3745-273 of the
Administrative Code when handling the following
universal wastes:
(5)(6) Ohio-specific
universal wastes, which include the
following:
(b)(a) Antifreeze as
described in paragraph (B) of rule
3745-273-89
of the Administrative Code.
; and
(c)(b)
Paint and paint-related waste as described in paragraph (C) of rule
3745-273-89
of the Administrative Code.
(5)
Aerosol cans as
described in rule
3745-273-06
of the Administrative Code; and
(a) Aerosol containers as described
in paragraph (A) of rule
3745-273-89
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
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 02/11/1992, 09/02/1997, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 12/21/2017, 10/05/2020
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