(A)
An owner or operator may request a remedial action plan
(RAP) for remediation waste management activities at a location removed from
the area where the remediation wastes originated if the owner or operator
believes such a location would be more protective than the contaminated area or
areas in close proximity.
(B)
If the director determines that an alternative
location, removed from the area where the remediation waste originated, is more
protective than managing remediation waste at the area of contamination or
areas in close proximity, then the director may approve a RAP for this
alternative location.
(C)
The owner or operator shall request the RAP, and the
director will approve or deny the RAP, according to the procedures and
requirements in rules 3745-50-80 to 3745-50-230 of the Administrative
Code.
(D)
A RAP for an alternative location shall also meet the
following requirements, which the director shall include in the RAP for such
locations:
(1)
The RAP for the alternative location shall be issued to the
person responsible for the cleanup from which the remediation wastes
originated;
(2)
The RAP is subject to the expanded public participation
requirements in rule 3745-50-531 of the Administrative Code;
(3)
The RAP is
subject to the public notice requirements in
40 CFR
124.10(c);
(4)
The site
permitted in the RAP may not be located within sixty-one meters or two hundred
feet of a fault which has had displacement in the Holocene time. The owner or
operator shall demonstrate compliance with this standard through the
requirements in paragraph (A)(11) of rule
3745-50-44 of the Administrative
Code. [See definitions of terms in paragraph (A) of rule
3745-54-18 of the Administrative
Code].
[Comment: Sites located in political
jurisdictions other than those listed in 40 CFR Part 264 appendix VI are
assumed to be in compliance with this requirement.]
(E)
These
alternative locations are remediation waste management sites, and retain the
following benefits of remediation waste management sites:
(1)
Exclusion from
facility-wide corrective action under rule
3745-54-101 of the
Administrative Code; and
(2)
Application of paragraph (J) of rule
3745-54-01 of the Administrative
Code in lieu of rules
3745-54-10 to 3745-54-19,
3745-54-30 to 3745-54-37, and
3745-54-50 to
3745-54-56 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
Ohio Admin. Code
3745-50-230
Effective:
3/7/2025
Five Year Review (FYR) Dates: Exempt
Promulgated Under:
119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
