Ohio Admin. Code 3745-352-40 - How can I get a waiver from complying with certain requirements of rule 3745-352-20 of the Administrative Code?
You must comply with the provisions in this rule.
(A) What do I need to do? You can ask for a
waiver from complying with paragraphs (A)(1)(b) to (A)(1)(c) and (A)(2) of rule
3745-352-20
of the Administrative Code only if you will be temporarily discontinuing all
regulated operations at the facility for a period exceeding three hundred
sixty-five days. To request a waiver, you must submit your request within
forty-five days after the discontinuation of all regulated operations, using
form EPA 0327. The request must include the following:
(1)
Two
copies
One copy of an interim maintenance
and operation plan for the reporting facility that contains the following:
(a) A brief description of:
(i) The facility name, address, and other
appropriate identification that describes the physical location of the
facility, such as the longitude and latitude coordinates;
(ii) The land use of the adjacent properties;
and
(iii) The regulated operations
including all use, treatment, and storage of regulated substances which
occurred at the facility within the last three years from the filing date of
the waiver application;
(b) A schedule to implement the tasks
contained in the operation and maintenance plan;
(c) A statement indicating that a certified
"Spill Prevention Control and Countermeasure" plan is kept on file at the
facility if the facility is subject to the requirements of 40 C.F.R. Part
112;
(d) A plan for complying with
the security requirements in rule
3745-352-30
of the Administrative Code;
(e) A
statement indicating that an evacuation plan, which describes, at a minimum,
the evacuation signals, primary evacuation routes, and alternate evacuation
routes to be utilized in situations when the primary exits are blocked, must be
kept on file at the facility if more than ten people are to be on the facility
in any twenty-four hour period;
(f)
A description of all measures to be taken by the facility to prevent the
occurrence of air pollution, water pollution, and soil contamination,
including, but not limited to:
(i) Where and
how each regulated substance is to be stored during the period of temporary
cessation;
(ii) Precautions taken
to prevent accidental ignition or reaction of ignitable or reactive regulated
substances;
(iii) The location of
all fire extinguishers and spill containment materials within each building or
structure at a facility where regulated operations were conducted that contains
or is contaminated with regulated substances and in each outdoor location of
operation;
(iv) An inspection and
maintenance plan for all measures to be taken by the facility to prevent the
occurrence of air pollution, water pollution, and soil contamination at the
reporting facility during the period that those operations are temporarily
discontinued.
(2) A description of why temporary
discontinuance of regulated operations will be longer than three hundred and
sixty-five days; and a certification stating when the regulated operations will
resume at the facility. The certification statement must be signed and dated by
a corporate officer or the owner of the facility.
(B) What will the director do with my
request? The director will review the request to determine whether you have
made the demonstrations required by paragraph (A) of this rule. The director
will then either approve or disapprove the request as follows:
(1) What will happen if the director approves
my request? The director will issue an order approving the waiver request. The
director may include in an order approving a waiver any terms and conditions he
considers necessary or appropriate to protect public health or safety or the
environment during the period of the temporary discontinuation of all regulated
operations.
(2) What will happen if
the director disapproves my request? The director will issue an order
disapproving the waiver request. In the order, the director will include a
requirement for you to comply with paragraphs (A)(1)(b) to (A)(1)(c) and (A)
(2) of rule
3745-352-20
of the Administrative Code, unless you have obtained an extension under
paragraph (A)(3) of rule
3745-352-20
of the Administrative Code. The date of the director's order is the date of
your permanent cessation of regulated operations.
(C) What if I need more time? If you cannot
resume regulated operations on or before the date by which regulated operations
should resume, as specified in the director's order approving the waiver, you
must do one of the following:
(1) Ask the
director to renew the waiver; or
(2) Comply with paragraphs (A)(1)(b) to
(A)(1)(c) and (A)(2) of rule
3745-352-20
of the Administrative Code, unless you have obtained an extension under
paragraph (A)(3) of rule
3745-352-20
of the Administrative Code. The date by which regulated operations should have
been resumed, as specified in the director's order approving the waiver, is the
date of your permanent cessation of regulated operations.
(D) What must I do if I want a waiver because
I purchased a facility which has temporarily discontinued all regulated
operations? If you expect regulated operations at the facility to be
discontinued for greater than three hundred sixty-five days after the date
indicated in the certification required by paragraph (B)(1) of rule
3745-352-20
of the Administrative Code, then no later than forty-five days after the date
you purchased the facility, you must submit to the director a request for a
waiver in accordance with paragraphs (A)(1) and (A)(2) of this rule.
[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: 3752.10
Prior Effective Dates: 09/30/1996, 02/20/2001, 10/14/2006, 01/31/2022
Promulgated Under: 119.03
Statutory Authority: 3752.03
Rule Amplifies: 3752.10
Prior Effective Dates: 09/30/1996, 02/20/2001, 10/14/2006
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.
No prior version found.