Ohio Admin. Code 3745-352-20 - What are my responsibilities if I am an owner or operator?
You have different responsibilities depending on whether you
have permanently ceased or temporarily discontinued all
(A) What are my
responsibilities as an owner or operator if I have permanently ceased all
regulated operations ? You must comply with the following:
(1) Not later than thirty days after
cessation of regulated operations , you must:
(a) Submit a notice of cessation of regulated
operations to the director , the local emergency planning committee , and the
fire department using form EPA 0327.
(b) Secure the facility in accordance with
rule 3745-352-30 of the
Administrative Code. You must maintain this security until you have performed
the measures required under paragraphs (A)(2)(d) to (A)(2)(f) of this rule and
the director has verified your compliance and has concurred with your
certification made under paragraph (A)(2)(g) of this rule.
(c) Designate a contact person for the
facility in accordance with rule
3745-352-35 of the
Administrative Code.
(2)
Not later than ninety days after cessation of regulated operations , you must:
(a) Submit to the director a copy of the most
recent chemical inventory report required by section
3750.08 of the Revised Code.
With the chemical inventory report, you must include a statement indicating
whether any asbestos -containing materials are present at the
facility ;
(b) Submit to the
director a copy of the current hazardous chemicals list or each of the material
safety data sheets required by section
3750.07 of the Revised
Code;
(c) Submit to the director a
precise description of where each stationary vat, tank , electrical transformer,
or vessel of any type is located, and a description of what regulated
substances each stationary vat, tank , electrical transformer, or vessel of any
type contains or is contaminated with if you will be leaving any such
stationary vat, tank , electrical transformer, or vessel of any type;
(d) Drain or remove all regulated substances
from each stationary tank , vat, electrical transformer, and vessel, and from
all piping, that is to remain at the facility and remove from the facility all
regulated substances and all debris , nonstationary equipment and furnishings,
nonstationary containers, and motor vehicles and rolling stock that contain or
are "contaminated with " regulated substances , as defined in rule
3745-352-05 of the
Administrative Code, and do any or a combination of the following:
(i) Lawfully transfer the regulated
substances and the debris , nonstationary equipment and furnishings,
nonstationary containers, and motor vehicles and rolling stock that contain or
are "contaminated with " regulated substances , to another operating facility
that you own or operate; or
(ii)
Lawfully transfer ownership of the regulated substances and the debris ,
nonstationary equipment and furnishings, nonstationary containers, and motor
vehicles and rolling stock that contain or are "contaminated with " regulated
substances , to another person ; or
(iii) Cause the regulated substances and the
debris , nonstationary equipment and furnishings, nonstationary containers, and
motor vehicles and rolling stock that contain or are "contaminated with "
regulated substances , to be transported off the premises of the facility and
managed in compliance with the applicable provisions of Chapter 3734. of the
Revised Code and rules adopted under it; the Toxic Substances Control Act , 90
stat. 2003 (1976),
15 U.S.C.A.
2601, and regulations adopted under it; or
the Resource Conservation and Recovery Act of 1976, 90 stat. 2806,
42 U.S.C.A.
6921, and regulations adopted under it; or,
if transported out of state, to be managed in compliance with the waste
management laws of the state to which the regulated substances and the debris ,
nonstationary equipment and furnishings, nonstationary containers, and motor
vehicles and rolling stock that contain or are "contaminated with " regulated
substances , are transported.
(e) If you will be claiming that any
stationary tank , vat, electrical transformer, vessel of any type, piping,
nonstationary equipment and furnishing, nonstationary container, motor vehicle,
rolling stock or debris is not contaminated with a regulated substance, you
must record in a log the standard industrial method used to remove the
regulated substance from each of these items. You also must give the log to the
director if he asks you for it;
(f)
If any regulated substance that you will be removing from the facility is also
a hazardous material identified or listed in regulations adopted under the
Hazardous Materials Transportation Act , 88 stat. 2156 (1975), 49 U.S.C.A. 1801,
you must transport the regulated substance, or cause it to be transported, in
compliance with the applicable rules adopted under division (A) of section 4919.79, division (E) of section
4921.04, division (C) of section 4923.03, or division (C) of section
4923.20
Chapter 4905., 4921., or 4923. of
the Revised Code;
(g) Certify to
the director that you have complied with paragraphs (A)(2)(d) to (A)(2)(f) of
this rule using form EPA 0329.
(h)
If any regulated substance at the facility is also a hazardous waste , you may
not need to comply with paragraphs (A)(2)(d), (A)(2)(e), and (A)(2)(g) of this
rule for the hazardous waste . If you are subject to any of the closure and
post-closure care requirements in rules
3745-55-10 to
3745-55-20 or
3745-66-10 to
3745-66-21 of the Administrative
Code, you must comply with those requirements instead of complying with
paragraphs (A)(2)(d), (A)(2)(e), and (A)(2)(g) of this
rule;
(3) What if I need
more time to comply? Upon receipt of a written request, the director , at his
discretion, may grant you more time to comply with paragraphs (A)(2)(d) to
(A)(2)(g) of this rule if he finds from the request that either of the
following applies:
(a) You cannot complete
the actions required by paragraphs (A)(2)(d) to (A)(2)(g) of this rule within
the time prescribed due to circumstances that are temporary and beyond your
control; or
(b) You, exercising
reasonable diligence, cannot complete the actions required by paragraphs
(A)(2)(d) to (A)(2)(g) of this rule within the time prescribed due to facility
size, operational complexity, or other such relevant
factors.
(B)
What are my responsibilities as an owner or operator if I am going to
temporarily discontinue all regulated operations ? If the discontinuance of all
regulated operations is not less than thirty days nor more than three hundred
sixty-five days and you are not the owner or operator of any of the types of
facilities listed in paragraph (C) of this rule, you must do the following:
(1) Submit a certification to the director
using form EPA 0327 not later than forty-five days after discontinuing all
regulated operations . With the certification , you must indicate the date all
regulated operations were discontinued and state that the discontinuation will
not exceed a period of three hundred sixty-five days ; and
(2) Resume all regulated operations within
three hundred sixty-five days after the date on which those operations were
discontinued, as indicated in the certification required by paragraph (B)(1) of
this rule; or
(3) Apply for and
comply with a waiver in accordance with rule
3745-352-40 of the
Administrative Code; or
(4) Comply
with paragraph (A) of this rule if you fail to resume regulated operations at
the facility within three hundred sixty-five days after the date on which those
operations were discontinued, as indicated in the certification required by
paragraph (B)(1) of this rule. The first anniversary date of the date on which
operations were discontinued, as indicated in the certification required by
paragraph (B)(1) of this rule, is the date of your permanent cessation of
regulated operations ; or
(5) Comply
with paragraph (A) of this rule if you permanently cease regulated operations
during the first three hundred sixty-five days after what began as a temporary
discontinuance of regulated operations .
(C) For what types of facilities are the
owners and operators exempt from the certification requirements of paragraph
(B) of this rule if they are temporarily discontinuing all regulated
operations ? You do not have to comply with paragraph (B) of this rule if you
are the owner or operator of any of the following:
(1) A coal mining and reclamation operation
for which the owner or operator holds a valid permit issued under Chapter 1513.
of the Revised Code;
(2) A surface
mining operation for which the owner or operator holds a valid permit issued
under Chapter 1514. of the Revised Code;
(3) A temporary facility located on a
construction site that is idle due to weather or scheduling delays and
ultimately will be removed upon the completion of construction
activities.
(D) What are
my responsibilities as a new owner or operator of a facility which has
temporarily discontinued all regulated operations ? If the facility you own or
operate is not any of the types of facilities listed in paragraph (C) of this
rule, you must submit a notice of change in ownership or operator status to the
director using form EPA 0327 not later than fifteen days after you become the
new owner or operator , and do one of the following:
(1) Resume all regulated operations within
thirty days after the date you purchased the facility ; or
(2) Request a waiver under rule
3745-352-40 of the
Administrative Code within forty-five days after the date you purchased the
facility , and comply with one of the following within thirty days after the
date you purchased the facility until the director either approves or
disapproves your waiver request under rule
3745-352-40 of the
Administrative Code:
(a) If the director had
not issued a waiver to the previous owner , you must comply with paragraphs
(A)(1)(a) to (A)(1)(c) of this rule;
(b) If the director had issued a waiver to
the previous owner , you must comply with all terms and conditions of the waiver
previously issued for the facility ; or
(3) Comply with paragraph (A) of this rule if
you fail to resume regulated operations at the facility within thirty days
after your purchase of the facility . The date you purchased the facility is the
date of your permanent cessation of regulated operations .
[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 3745-352-01 of the Administrative Code titled "Incorporated by reference."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3752.03
Rule Amplifies: 3752.04, 3752.05, 3752.06, 3752.07, 3752.09, 3752.10
Prior Effective Dates: 09/30/1996, 02/20/2001, 10/14/2006, 04/08/2012, 08/11/2017
Promulgated Under: 119.03
Statutory Authority: 3752.03
Rule Amplifies: 3752.04, 3752.05, 3752.06, 3752.07, 3752.09, 3752.10
Prior Effective Dates: 09/30/1996, 02/20/2001, 10/14/2006, 4/8/12
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