(A) Requirements for generators
:
and reverse
distributors.
(1) A generator of a
hazardous waste shall determine if the waste has to be treated before the waste
can be land disposed. This is done by determining if the
hazardous waste meets
the
treatment standards in rule 3745-270-40, 3745-270-45, or
3745-270-49 of the
Administrative Code. This determination can be made concurrently with the
hazardous waste determination required in rule
3745-52-11 of the Administrative
Code, in either of two ways: by testing the waste or by using knowledge of the
waste.
(a) If the generator tests the waste,
testing would normally determine the total concentration of hazardous
constituents, or the concentration of hazardous constituents in an extract of
the waste obtained using test method 1311 in "Test Methods for Evaluating
Solid
Waste, Physical/ Chemical Methods," U.S. EPA publication SW-846, depending on
whether the
treatment standard for the waste is expressed as a total
concentration or as concentration of
hazardous constituent in the waste's
extract. [Alternatively, the generator shall send the waste to a permitted
hazardous waste treatment facility, where the waste
treatment facility shall
comply with rule
3745-54-13 of the Administrative
Code and paragraph (B) of this rule.]
(b) In addition, some hazardous wastes shall
be treated by particular
treatment methods before such hazardous wastes can be
land disposed, and some soils are contaminated with such hazardous wastes.
These
treatment standards are in rule
3745-270-40 of the
Administrative Code, and are described in detail in the table in rule
3745-270-42 of the
Administrative Code. These wastes, and soils contaminated with such wastes, do
not need to be tested (however, if such wastes are in a waste mixture, other
wastes with concentration level
treatment standards would have to be
tested).
(c) If a generator
determines that the generator is managing a waste or
soil contaminated with a
waste that displays a hazardous characteristic of ignitability, characteristic
of corrosivity, characteristic of reactivity, or characteristic of toxicity,
the generator shall comply with the special requirements of rule
3745-270-09 of the
Administrative Code in addition to any applicable requirements in this
rule.
(2) If the waste
or contaminated soil does not meet the treatment standards, or if the generator
chooses not to make the determination of whether the generator's waste shall be
treated, with the initial shipment of waste to each treatment or storage
facility, the generator shall send a one-time written notice to each treatment
or storage facility receiving the waste, and place a copy in the generator's
files. The notice shall include the information in column A of table 1 of this
rule. (Alternatively, if the generator chooses not to make the determination of
whether the waste shall be treated, the notification shall include the EPA
hazardous waste numbers and manifest number of the first shipment and shall
state "This hazardous waste may or may not be subject to the LDR treatment
standards. The treatment facility shall make that determination.") No further
notification is necessary until such time as the waste changes or the treatment
or storage facility changes, in which case a new notification shall be sent to
the new treatment or storage facility and a copy shall be placed in the
generator's files.
(3) If the waste
or contaminated
soil meets the
treatment standard at the original point of
generation:
(a) With the initial shipment of
waste to each
treatment, storage, or disposal facility, the generator shall
send a one-time written notice to each
treatment, storage, or disposal facility
receiving the waste, and place a copy in the generator's files. The notice
shall include the information in column B of table 1 of this rule and the
following certification statement, signed by an authorized representative:
"I certify under penalty of law that I personally have examined
and am familiar with the waste, through analysis and testing or through
knowledge of the waste, to support this certification that the waste complies
with the treatment standards specified in rules
3745-270-40 to
3745-270-49 of the
Administrative Code. I believe that the information I submitted is true,
accurate, and complete. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment."
(b) For
contaminated soil, with the initial shipment of wastes to each treatment,
storage, or disposal facility, the generator shall send a one-time written
notice to each facility receiving the waste, and place a copy in the
generator's files. The notice shall include the information in column B of
table 1 of this rule.
(c) If the
waste changes, the generator shall send a new notice and certification to the
receiving facility, and place a copy in the generator's files. Generators of
hazardous debris excluded from the definition of "
hazardous waste" under
paragraph (F) of rule
3745-51-03 of the Administrative
Code are not subject to these requirements.
(4) For reporting, tracking, and
recordkeeping when exceptions allow certain wastes or contaminated
soil that do
not meet the
treatment standards to be land disposed. There are certain
exemptions from the requirements that hazardous wastes or contaminated
soil
meet
treatment standards before such hazardous wastes or contaminated
soil can
be land disposed. These include, but are not limited to case-by-case extensions
under rule
3745-270-05 of the
Administrative Code, disposal in a no-migration
unit under rule
3745-270-06 of the
Administrative Code, or a national capacity
variance or case-by-case capacity
variance under rules
3745-270-20 to
3745-270-39 of the
Administrative Code. If a generator's waste is so exempt, then with the initial
shipment of waste, the generator shall send a one-time written notice to each
land disposal facility receiving the waste. The notice shall include the
information in column C of table 1 of this rule. If the waste changes, the
generator shall send a new notice to the receiving facility, and place a copy
in the generator's files.
Table 1: Generator Paperwork
Requirements
|
Table 1: Generator Paperwork
Requirements
|
|
|
Column A
|
Column B
|
Column C
|
Column D
|
|
Required Information
|
3745-270-07 (A)(2)
|
3745-270-07 (A)(3)
|
3745-270-07 (A)(4)
|
3745-270-07 (A)(9)
|
|
1. EPA hazardous waste numbers and manifest number of
first shipment.
|
X
|
X
|
X
|
X
|
|
2. Statement: This waste is not prohibited from land
disposal.
|
|
|
X
|
|
|
3. The waste is subject to the land disposal
restrictions (LDRs) of Chapter 3745-270 of the Administrative Code. The
constituents of concern for F001 to F005, and F039, and underlying hazardous
constituents in characteristic wastes,
|
X
|
X
|
|
|
|
unless the waste will be treated and monitored for all
constituents. If all constituents will be treated and monitored, there is no
need to put them all
the constituents on the LDR notice.
|
|
|
|
|
|
4. The notice shall include the applicable wastewater
or non-wastewater category (see the definitions of "wastewaters" and
"nonwastewaters" in rule
3745-270-02 of the
Administrative Code) and subdivisions made within an EPA hazardous waste number
based on waste-specific criteria (such as D003 reactive cyanide).
|
X
|
X
|
|
|
|
5. Waste analysis data (when available).
|
X
|
X
|
X
|
|
|
6. Date the waste is subject to the prohibition.
|
|
|
X
|
|
|
7. For hazardous debris, when treating with the
alternate treatment technologies provided by rule
3745-270-45 of the
Administrative Code: the contaminants subject to treatment, as described in
paragraph (B) of rule
3745-270-45 of the
Administrative Code, and an indication that these contaminants are being
treated to comply with rule
3745-270-45 of the
Administrative Code.
|
X
|
|
X
|
|
|
8. For contaminated soil subject to LDRs as provided in
paragraph (A) of rule
3745-270-49 of the
Administrative Code, the constituents subject to treatment as described in
paragraph (D) of rule
3745-270-49 of the
Administrative Code, and the following statement: This contaminated soil [does/
does not] contain listed hazardous waste and [does/does not] exhibit a
characteristic of hazardous waste and [is subject to or complies with] the soil
treatment standards as provided by paragraph (C) of rule
3745-270-49 of the
Administrative Code or the universal treatment standards.
|
X
|
X
|
|
|
|
9. A certification is needed (see applicable rule for
exact wording).
|
|
X
|
|
X
|
(5) If
a generator is managing and treating prohibited waste or contaminated
soil in
tanks, containers, or containment buildings regulated under
rule 3745-52-34
rules 3745-52-15, 3745-52-16, and
3745-52-17
of the
Administrative Code to meet applicable LDR
treatment standards in rule
3745-270-40 of the
Administrative Code, the generator shall develop and follow a written waste
analysis plan which describes the procedures the generator will carry out to
comply with the
treatment standards. (Generators treating
hazardous debris
under the alternate
treatment standards of the table in rule
3745-270-45 of the
Administrative Code, however, are not subject to this waste analysis
requirement.) The waste analysis plan shall be kept on site in the generator's
records, and the following requirements shall be met:
(a) The waste analysis plan shall be based on
a detailed chemical and physical analysis of a representative sample of the
prohibited wastes being treated, and contain all information necessary to treat
the wastes in accordance with Chapter 3745-270 of the Administrative Code,
including the selected testing frequency.
(b) The waste analysis plan shall be kept in
the generator's on-site files and made available to inspectors.
(c) Wastes shipped off-site pursuant to
paragraph (A)(5) of this rule shall comply with the notification requirements
of paragraph (A)(3) of this rule.
(6) If a generator determines
any of the following:
(a) That the waste or contaminated soil is
restricted based solely on the generator's knowledge of the waste, all
supporting data used to make this determination shall be retained on-site in
the generator's files.
(b) That the
waste is restricted based on testing this waste or an extract developed using
the test method 1311 in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," U.S. EPA publication SW-846, and all waste analysis
data shall be retained on-site in the generator's files.
(7) If a generator determines that the
generator is managing a prohibited waste that is excluded from the definition
of "
hazardous waste" or "waste," or is exempt from regulation as a
hazardous
waste under rules
3745-51-02 to
3745-51-06 of the Administrative
Code subsequent to the point of generation [including deactivated
characteristic hazardous wastes managed in wastewater
treatment systems subject
to the Clean Water
Act (CWA) as specified in paragraph (A)(2) of rule
3745-51-04 of the Administrative
Code, or are CWA-equivalent, or are managed in an underground injection well
regulated by the Safe Drinking Water
Act], the generator shall place in the
generator's files a one-time notice describing such generation, subsequent
exclusion from the definition of "
hazardous waste" or "waste" or
exemption from
regulation as a
hazardous waste, and the disposition of the waste.
(8) Generators shall retain on-site a copy of
all notices, certifications, waste analysis data, and other documentation
produced pursuant to this rule for at least three years
from
after the
date that the waste that is the subject of such documentation was last sent to
on-site or off-site
treatment, storage, or disposal. The
three year
three-year record retention period is automatically
extended during the course of any unresolved enforcement action regarding the
regulated activity or as requested by the
director. This paragraph applies to
the wastes even when the hazardous characteristic is removed prior to disposal,
when the waste is excluded from the definition of "
hazardous waste" or "waste"
under rules
3745-51-02 to
3745-51-06 of the Administrative
Code, or when the waste is exempted from regulation as a
hazardous waste,
subsequent to the point of generation.
(9) If a generator is managing a lab pack
containing
that
contains hazardous wastes and wishes to use the alternative
treatment
standard for lab packs in paragraph (C) of rule
3745-270-42 of the
Administrative Code:
(a) With the initial
shipment of waste to a
treatment facility, the generator shall submit a notice
that provides the information in column D of table 1 of this rule, and the
following certification. The certification, which shall be signed by an
authorized representative and shall be placed in the generator's files, shall
say the following:
"I certify under penalty of law that I personally have examined
and am familiar with the waste, and that the lab pack contains only wastes that
have not been excluded under appendix A to rule
3745-270-42 of the
Administrative Code, and that this lab pack will be sent to a combustion
facility in compliance with the alternative treatment standards for lab packs
in paragraph (C) of rule
3745-270-42 of the
Administrative Code. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment."
(b) No
further notification is necessary until such time that the wastes in the lab
pack change or the receiving facility changes, in which case a new notice and
certification shall be sent to the new receiving facility and a copy placed in
the generator's files.
(c) If the
lab pack contains characteristic hazardous wastes (D001 to D043), "underlying
hazardous constituents" (as defined in rule
3745-270-02 of the
Administrative Code) need not be determined.
(d) The generator shall comply with
paragraphs (A)(6) and (A)(7) of this rule.
(10) Small quantity generators with tolling
agreements pursuant to paragraph
(F)
(E) of rule
3745-52-20 of the Administrative
Code shall comply with the applicable notification and certification
requirements of paragraph (A) of this rule for the initial shipment of the
waste subject to the
tolling agreement. Such
generators shall retain on-site a copy of the notification and certification,
together with the tolling agreement, for at least three years after termination
or expiration of the
tolling agreement. The
three-year record retention period is automatically extended during the course
of any unresolved enforcement action regarding the regulated activity or as
requested by the
director.
(B) Treatment facilities shall test the
wastes according to the frequency specified in the
treatment facility's waste
analysis plans as required by rule
3745-54-13 or
3745-65-13 of the Administrative
Code. Such testing shall be performed as provided in paragraphs (B)(1), (B)(2),
and (B)(3) of this rule.
(1) For wastes or
contaminated soil with treatment standards expressed as concentrations in the
waste extract (TCLP), the owner or operator of the treatment facility shall
test an extract of the treatment residues, using test method 1311 in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA
publication SW-846, to assure that the treatment residues extract meet the
applicable treatment standards in Chapter 3745-270 of the Administrative
Code.
(2) For wastes or
contaminated soil with treatment standards expressed as concentrations in the
waste, the owner or operator of the treatment facility shall test the treatment
residues (not an extract of such residues) to assure that the treatment
residues meet the applicable treatment standards in Chapter 3745-270 of the
Administrative Code.
(3) A one-time
notice shall be sent with the initial shipment of waste or contaminated
soil to
the
land disposal facility. A copy of the notice shall be placed in the
treatment facility's file.
(a) No further
notification is necessary until such time that the waste changes or the
receiving facility changes, in which case a new notice shall be sent to the new
receiving facility and a copy placed in the treatment facility's
files.
(b) The one-time notice
shall include the requirements in table 2 of this rule:
Table 2: Treatment Facility Paperwork
Requirements
|
Table 2: Treatment Facility
Paperwork Requirements
|
|
Required information
|
3745-270-07(B)
|
|
1. EPA hazardous waste numbers and manifest number of
first shipment
|
X
|
|
2. The waste is subject to the LDRs of Chapter 3745-270
of the Administrative Code. The constituents of concern for F001 to F005 and
F039, and underlying hazardous constituents in characteristic wastes, unless
the waste will be treated and monitored for all constituents. If all
constituents will be treated and monitored, there is no need to put
them all of the
constituents on the LDR notice.
|
X
|
|
3. The notice shall include the applicable wastewater
or nonwastewater category [
(see the definitions
of "wastewaters" and "nonwastewaters" in of rule
3745-270-02 of the
Administrative Code) and subdivisions made within
an EPA hazardous waste number based on waste-specific criteria (such as D003
reactive cyanide)].
|
X
|
|
4. Waste analysis data (when available)
|
X
|
|
5. For contaminated soil subject to LDRs as provided in
paragraph (A) of rule
3745-270-49 of the
Administrative Code, the constituents subject to treatment as described in
paragraph (D) of rule
3745-270-49 of the
Administrative Code, and the following statement: "This contaminated soil
[does/does not] contain listed hazardous waste and [does/does not] exhibit a
characteristic of hazardous waste and [is subject to or complies with] the soil
treatment standards as provided by paragraph (C) of rule
3745-270-49 of the
Administrative Code."
|
X
|
|
6. A certification is needed (see applicable rule for
exact wording)
|
X
|
(4) The
treatment facility shall submit a
one-time certification signed by an authorized representative with the initial
shipment of waste or
treatment residue of a restricted waste to the
land
disposal facility. The certification shall state
the
following:
"I certify under penalty of law that I have personally examined
and am familiar with the treatment technology and operation of the treatment
process used to support this certification. Based on my inquiry of those
individuals immediately responsible for obtaining this information, I believe
that the treatment process has been operated and maintained properly so as to
comply with the treatment standards specified in rule
3745-270-40 of the
Administrative Code without impermissible dilution of the prohibited wastes. I
am aware that there are significant penalties for submitting a false
certification, including the possibility of fine and imprisonment."
A certification is also necessary for contaminated soil, and
the certification shall state:
"I certify under penalty of law that I personally have examined
and am familiar with the treatment technology and operation of the treatment
process used to support this certification and believe that it has been
maintained and operated properly so as to comply with treatment standards
specified in rule
3745-270-49 of the
Administrative Code without impermissible dilution of the prohibited wastes. I
am aware there are significant penalties for submitting a false certification,
including the possibility of fine and imprisonment."
(a) A copy of the certification shall be
placed in the treatment facility's on-site files. If the waste or treatment
residue changes or if the receiving facility changes, a new certification shall
be sent to the receiving facility, and a copy placed in the file.
(b) Debris excluded from the definition of
"
hazardous waste" under paragraph (F) of rule
3745-51-03 of the Administrative
Code (i.e.,
debris treated by an extraction or destruction technology provided
in the table in rule
3745-270-45 of the
Administrative Code, and
debris that the
director has determined does not
contain
hazardous waste), however, is subject to the notification and
certification requirements of paragraphs (D) to (D)(3) of this rule rather than
the certification requirements of
paragraphs
paragraph
(B)(4)
to (B)(4)(e) of this rule.
(c) For wastes with organic
constituents
having
that have treatment standards expressed as
concentration levels, if compliance with the
treatment standards is based in
whole or in part on the
analytical detection limit alternative specified in
paragraph (D) of rule
3745-270-40 of the
Administrative Code, the certification, signed by an authorized representative,
shall state the following:
"I certify under penalty of law that I have personally examined
and am familiar with the treatment technology and operation of the treatment
process used to support this certification. Based on my inquiry of those
individuals immediately responsible for obtaining this information, I believe
that the nonwastewater organic constituents have been treated by combustion
units as specified in the table in rule
3745-270-42 of the
Administrative Code. I have been unable to detect the nonwastewater organic
constituents, despite having used best good-faith efforts to analyze for such
constituents. I am aware that there are significant penalties for submitting a
false certification, including the possibility of fine and
imprisonment."
(d) For
characteristic wastes that are subject to the
treatment standards in rule
3745-270-40 of the
Administrative Code (other than those expressed as a method of
treatment), or
rule
3745-270-49 of the
Administrative Code, and that contain "underlying hazardous constituents" as
defined in rule
3745-270-02 of the
Administrative Code, if these wastes are treated on-site to remove the
hazardous characteristic, and are then sent off-site for
treatment of
underlying hazardous constituents, the certification shall state the following:
"I certify under penalty of law that the waste has been treated
in accordance with the requirements of rule
3745-270-40 or
3745-270-49 of the
Administrative Code to remove the hazardous characteristic. This
decharacterized waste contains underlying hazardous constituents that require
further treatment to meet treatment standards. I am aware that there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment."
(e) For characteristic wastes that contain
"underlying hazardous constituents" as defined in rule
3745-270-02 of the
Administrative Code that are treated on-site to remove the hazardous
characteristic and to
treat underlying hazardous constituents to levels in the
table in rule
3745-270-48 of the
Administrative Code, the certification shall state the following:
"I certify under penalty of law that the waste has been treated
in accordance with the requirements of rule
3745-270-40 of the
Administrative Code to remove the hazardous characteristic, and that
"underlying hazardous constituents" as defined in rule
3745-270-02 of the
Administrative Code have been treated on-site to meet the standards in the
table in rule
3745-270-48 of the
Administrative Code. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment."
(5) If the waste or treatment residue will be
further managed at a different treatment, storage, or disposal facility, the
treatment, storage, or disposal facility sending the waste or treatment residue
off-site shall comply with the notice and certification requirements applicable
to generators under this rule.
(6)
Where the wastes are recyclable materials used in a manner constituting
disposal subject to the provisions of paragraph (B) of rule
3745-266-20 of the
Administrative Code regarding
treatment standards and prohibition levels, the
owner or
operator of a
treatment facility (i.e., the recycler), for the initial
shipment of waste, shall prepare a one-time certification described in
paragraph (B)(4) of this rule, and a one-time notice which includes the
information in paragraph (B)(3) of this rule (except the manifest number). The
certification and notification shall be placed in the facility's on-site files.
if
If the
waste or the receiving facility changes, a new certification and notification
shall be prepared and placed in the on-site files. In addition, the
recycling
facility also shall keep records of the name and location of each entity
receiving the
hazardous waste-derived product.
(C) Except where the
owner or
operator is
disposing of any waste that is a recyclable material used in a manner
constituting disposal pursuant to paragraph (B) of rule
3745-266-20 of the
Administrative Code, the
owner or
operator of any
land disposal facility
disposing any waste subject to restrictions under Chapter 3745-270 of the
Administrative Code shall
do the following:
(1) Have copies of the notice and
certifications specified in paragraph (A) or (B) of this rule.
(2) Test the waste, or an extract of the
waste or
treatment residue developed using test method 1311 (the toxicity
characteristic leaching procedure, described in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846) to assure
that the wastes or
treatment residues are in compliance with the applicable
treatment standards
set forth in rules
3745-270-40 to
3745-270-49 of the
Administrative Code. Such testing shall be performed according to the frequency
specified in the facility's waste analysis plan as required by rule
3745-54-13 or
3745-65-13 of the Administrative
Code.
(D) Generators or
treaters who first claim that
hazardous debris is excluded from the definition
of "
hazardous waste" under paragraph (F) of rule
3745-51-03 of the Administrative
Code (i.e.,
debris treated by an extraction or destruction technology provided
in the table in rule
3745-270-45 of the
Administrative Code, and
debris that the
director has determined does not
contain
hazardous waste) are subject to all of the following notification and
certification requirements:
(1) A one-time
notification including the following information shall be submitted to the
director:
(a) The name and address of the
licensed solid waste landfill receiving the treated debris.
(b) A description of the hazardous debris as
initially generated, including the applicable EPA hazardous waste
numbers.
(c) For
debris excluded
under paragraph (F)(1) of rule
3745-51-03 of the Administrative
Code, the technology from the table in rule
3745-270-45 of the
Administrative Code used to
treat the
debris.
(2) The notification shall be updated if the
debris is shipped to a different facility, and, for
debris excluded under
paragraph (F)(1) of rule
3745-51-03 of the Administrative
Code, if a different type of
debris is treated or if a different technology is
used to
treat the
debris.
(3) For
debris excluded under paragraph (F)(1) of rule
3745-51-03 of the Administrative
Code, the
owner or
operator of the
treatment facility shall document and
certify compliance with the
treatment standards from the table in rule
3745-270-45 of the
Administrative Code as follows:
(a) Records
shall be kept of all inspections, evaluations, and analyses of treated debris
that are made to determine compliance with the treatment standards.
(b) Records shall be kept of any data or
information the treater obtains during treatment of the debris that identifies
key operating parameters of the treatment unit.
(c) For each shipment of treated
debris, a
certification of compliance with the
treatment standards shall be signed by an
authorized representative and placed in the
treatment facility's files. The
certification shall state the following:
"I certify under penalty of law that the debris has been
treated in accordance with the requirements of rule
3745-270-45 of the
Administrative Code. I am aware that there are significant penalties for making
a false certification, including the possibility of fine and
imprisonment."
(E) Generators and treaters who first receive
from Ohio EPA a determination that a given contaminated
soil subject to LDRs as
provided in paragraph (A) of rule
3745-270-49 of the
Administrative Code no longer contains a listed
hazardous waste and
generators
, and treaters who first determine that
a contaminated
soil subject to LDRs as provided in paragraph (A) of rule
3745-270-49 of the
Administrative Code no longer exhibits a characteristic of
hazardous waste
, shall
do both
of the following:
(1) Prepare a one-time only documentation of
these determinations including all supporting information.
(2) Maintain that information in the facility
files and other records for a minimum of three years.
[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."]
