Ohio Admin. Code 3745-50-40 - Submittal of hazardous waste permit applications
(A) New hazardous
waste facilities.
(1) No person shall begin
physical construction of a new hazardous waste facility without having
submitted "Part A" and "Part B" of a permit application to the director and
having received an effective Ohio hazardous waste facility installation and
operation permit. An application shall be submitted to the director at least
one hundred eighty days before physical construction is expected to
commence.
(2) Application
submittal.
(a) Prior to the submittal of a
complete application for a hazardous waste facility installation and operation
permit, the applicant shall hold at least one meeting in the township or
municipal corporation in which the facility is proposed to be located,
whichever is geographically closer to the proposed location of the facility.
The meeting shall be open to the public and shall be held to inform the
community of the proposed hazardous waste management activities and to solicit
questions from the community concerning the activities. The applicant shall
provide to the director evidence of the meeting and document community
questions concerning the proposed activities. The pre-application notice
requirements are further specified in paragraphs
paragraph
(A) to (A)(4)(b)(v) of rule
3745-50-39
of the Administrative Code.
(b) If
the application is for a proposed hazardous waste disposal or thermal treatment
facility, at least ninety days before the permit
application is submitted to the director, the applicant also shall give
actual notice of the general design and purpose of the facility to the
legislative authority of each municipal corporation, township, and county in
which the facility is proposed to be located at
least ninety days before the permit application is submitted to the
director.
(3)
Upon receipt of a complete application for a hazardous waste facility
installation and operation permit, the director will consider the application
and accompanying information to determine whether the application complies with
division (D)(2) of section
3734.05 of
the Revised Code and with the hazardous waste rules. The director will also
consider such other information as is relevant to the installation and
operation of the facility.
(4) Upon
completion of the review pursuant to paragraph (A)(3) of this rule, the
director will:
(a) Issue a draft permit or a
notice of intent to deny the permit application; and
(b) Give public notice, in a newspaper having
general circulation in the county in which the facility is located, and over a
local radio station, of the following:
(i)
The issuance of the draft permit or notice of intent to deny the permit
application; and
(ii) An
announcement of a sixty day
sixty-day
comment period, and the name and address of an Ohio EPA contact person to whom
comments shall be sent; and
(iii)
The date for a public meeting which shall be held in the county in which the
facility is located, not fewer than thirty days after the public notice. At the
public meeting, any person may submit written or oral comments relevant to the
permit application and draft permit or notice of intent to deny the permit
application; and
(iv) The public
notice in paragraph (A)(4)(b) of this rule also
shall also contain:
(a) A summary of the application and the
draft permit or notice of intent to deny the permit application;
(b) The location of the facility;
(c) A description of the hazardous waste
activity;
(d) The location where a
copy of the application and draft permit or notice of intent to deny the permit
application are available; and
(e)
The statement that any person may submit written comments relevant to the
permit application and draft permit or notice of intent to deny the permit
application.
(5) Not later than one hundred eighty days
after the end of the public comment period in paragraph (A)(4)(b)(ii) of this
rule, the director, without prior hearing, will issue or deny the permit in
accordance with Chapter 3734. of the Revised Code. If the director approves an
application for a hazardous waste installation and operation permit, the permit
issued will include such terms and conditions as the director finds are
necessary to ensure the construction and operation of the hazardous waste
facility are in accordance with division (D) of section
3734.05 of
the Revised Code.
(B)
Permitted facilities subject to hazardous waste requirements due to additional
statutory or regulatory changes.
(1) An owner
or operator holding a hazardous waste permit who is treating, storing, or
disposing of hazardous waste on the effective date of statutory or regulatory
changes under Chapter 3734. of the Revised Code that render the owner or
operator subject to additional hazardous waste permitting requirements for
newly regulated hazardous waste or a hazardous waste management unit, shall be
deemed to have a permit by rule for such newly regulated activity provided that
the owner or operator complies with paragraph (H) of rule
3745-50-51
of the Administrative Code.
(2) The
permit by rule established under paragraph (B)(1) of this rule terminates upon
final administrative disposition of the "Class 2" or "Class 3" modification
application submitted pursuant to paragraph (H)(1)(d) of rule
3745-50-51
of the Administrative Code.
(C) Owners or operators of facilities without
a hazardous waste installation and operation permit who become subject to
hazardous waste permitting requirements due to statutory or regulatory changes.
(1) Any owner or operator of a facility
without a hazardous waste installation and operation permit who becomes subject
to hazardous waste permitting requirements due to statutory or regulatory
changes under Chapter 3734. of the Revised Code, who previously was not
required to obtain a hazardous waste facility installation and operation
permit, will be deemed to have a permit by rule for the newly regulated
hazardous waste or hazardous waste management unit to the extent the owner or
operator has:
(a) Complied with the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity;
and
(b) Submitted a "Part A" permit
application to the director no later than thirty days after the owner or
operator first becomes subject to the hazardous waste permitting requirements.
The "Part A" permit application shall comply with rule
3745-50-43
of the Administrative Code.
(2) Within ninety days after receipt of a
"Part A" permit application submitted pursuant to paragraph (C)(1)(b) of this
rule, the director will make a determination of whether the owner or operator
has complied with paragraphs (C)(1)(a) and (C)(1)(b) of this rule. If the
director finds upon examination of a "Part A" application that
it
the owner or
operator fails to meet the requirements of rule
3745-50-43
of the Administrative Code, the director will notify the owner or operator in
writing of the apparent deficiency or deficiencies. Such notice will specify
the grounds for the director's determination that the application is deficient.
The owner or operator has thirty days after receipt to respond to such a
notification and to explain or cure the alleged deficiency or deficiencies in
the "Part A" application. If, after such notification and opportunity for
response, the director determines that the application remains deficient, the
director will notify the owner or operator that the owner or operator has
failed to qualify for permit by rule.
(3) Within one hundred eighty days after the
director's determination of compliance with paragraphs (C)(1)(a) and (C)(1)(b)
of this rule, the director will give public notice that the owner or operator
has qualified for permit by rule. The public notice shall appear in a newspaper
having general circulation in the county in which the facility is located and
over a local radio station. The notice will contain a summary of the permit by
rule, the location of the facility, a description of the facility, and the
location where a copy of the "Part A" permit application is available for
inspection.
(4) Paragraph (C)(1) of
this rule does not apply to:
(a) The owner or
operator of a hazardous waste facility when the facility has been previously
denied a hazardous waste facility installation and operation permit under
Chapter 3734. of the Revised Code or RCRA; or
(b) The owner or operator of a hazardous
waste facility, if the authority of the owner or operator to operate the
facility under Chapter 3734. of the Revised Code or RCRA has been previously
terminated.
(5) During
the duration of the permit by rule provided for under paragraph (C) (1) of this
rule, the owner or operator must conduct the newly regulated activity in
accordance with the "Part A" permit application and in compliance with Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code. The owner or
operator may make changes or alterations to the facility. Such changes or
alterations will be considered modifications to the "Part A" permit application
and must be submitted, classified, and approved or disapproved in accordance
with rule
3745-50-51
of the Administrative Code in the same manner as an application for a
modification to a hazardous waste facility installation and operation
permit.
(6) An owner or operator of
a hazardous waste facility deemed to have a permit by rule under paragraph
(C)(1) of this rule shall submit a "Part B" application in accordance with
paragraph (A) of rule
3745-50-41
of the Administrative Code.
(7) The
permit by rule established in paragraph (C)(1) of this rule terminates:
(a) When the permittee by rule fails to
furnish a requested "Part B" hazardous waste facility installation and
operation permit application in accordance with paragraph (A) of rule
3745-50-41
of the Administrative Code, or to furnish in full the information required in
the "Part B" application; or
(b)
Upon final administrative disposition of the "Part B" permit application
submitted in accordance with paragraph (C)(6) of this rule. "Final
administrative disposition" means that the director shall approve or disapprove
the "Part B" application in accordance with paragraphs (D)(5) and (D)(6) of
this rule. In accordance with division (J) of section
3734.05 of
the Revised Code, the director shall not disapprove the "Part B" permit
application for the thermal treatment activity on the basis of the criteria in
division (D)(2)(g) or (D)(2)(h) of section
3734.05 of
the Revised Code.
(D) Permit renewal.
(1) An application to renew a hazardous waste
facility installation and operation permit, or renewal permit, shall be
submitted at least one hundred eighty days before the expiration date of the
effective permit unless permission for a later submittal date has been
authorized by the director upon a showing of good cause. The director shall not
authorize applications to be submitted later than the expiration date of the
existing permit.
(2) An owner or
operator of a hazardous waste facility holding a hazardous waste facility
installation and operation permit, or renewal permit, shall submit a renewal
application in accordance with paragraph (D)(1) of this rule. The renewal
application shall include the information required by rule
3745-50-41
of the Administrative Code.
(3) An
owner or operator of a hazardous waste facility holding a hazardous waste
facility installation and operation permit, or renewal permit, shall comply
with all terms and conditions of the existing permit until final administrative
disposition of the renewal permit application.
(4) Upon receipt of a completed renewal
application, the director will consider such application, inspection reports of
the facility, results of performance tests, records regarding the compliance or
noncompliance of the owner or operator with the terms and conditions of the
permit and with the rules adopted by the director pursuant to Chapter 3734. of
the Revised Code, and such other information as is relevant to the operation of
the facility.
(5) Upon completion
of the review pursuant to paragraph (D)(4) of this rule, the director will:
(a) Issue a draft renewal permit or a notice
of intent to deny the permit application.
(b) Give public notice of the issuance of the
draft renewal permit or notice of intent to deny the permit application in a
newspaper having general circulation in the county in which the facility is
located and over a local radio station. The notice shall contain a summary of
the application and the draft renewal permit or notice of intent to deny the
permit application, the location of the facility, a description of the
hazardous waste activity, the location where a copy of the application and
draft renewal permit or notice of intent to deny the permit application are
available, and the statement that any person may submit written comments
relevant to the permit application and draft renewal permit or notice of intent
to deny the permit application.
(c)
The director will schedule
Schedule a public meeting in the county in which the
facility is located if significant interest is shown. If a public meeting is to
be held, the director will promptly give public notice, in a newspaper having
general circulation in the county in which the facility is located and over a
local radio station, of a date for a public meeting which shall be held in the
county in which the facility is located, not fewer than thirty days after the
public notice of the public meeting. At the public meeting, any person may
submit written or oral comments relevant to the permit application and draft
renewal permit or notice of intent to deny the permit application.
(d)
Within
Issue or deny the
permit within sixty days after the public meeting or close of the public
comment period, the director will issue or deny the
permit.
(e) The director
will not issue a renewal permit unless the director determines that during the
term of the existing permit, the owner or operator of the facility has
maintained a history of compliance with Chapter 3734. of the Revised Code,
rules adopted thereunder, the existing permit, and orders entered to enforce
such requirements that demonstrates sufficient reliability, expertise, and
competency to operate the facility in compliance with Chapter 3734. of the
Revised Code, rules adopted thereunder, and the renewal permit.
(6) If the director approves an
application for a renewal permit, the director will issue the permit upon such
terms and conditions as the director finds are reasonable to ensure that
continued operation, maintenance, closure, and post-closure care of the
hazardous waste facility are conducted in accordance with Chapter 3734. of the
Revised Code and the hazardous waste rules, and such additional terms and
conditions the director determines are necessary to protect human health and
the environment.
(7) Those portions
of a renewal application which contain proposed facility modifications shall be
processed in accordance with paragraph (D) of rule
3745-50-51
of the Administrative Code.
(E) Exposure information. A "Part B" permit
application submitted by an owner or operator of a facility that stores,
treats, or disposes of hazardous waste in a surface impoundment or a landfill
shall be accompanied by information, reasonably ascertainable by the owner or
operator, on the potential for the public to be exposed to hazardous wastes or
hazardous constituents resulting from a release from the unit. At a minimum,
such information shall address:
(1)
Reasonably foreseeable potential releases from both normal operations and
accidents at the unit, including releases associated with transportation to or
from the unit;
(2) The potential
pathways of human exposure to hazardous wastes or hazardous constituents
resulting from releases described in paragraph (E)(1) of this rule;
and
(3) The potential nature and
magnitude of the human exposure resulting from such releases.
(F) If an owner or operator fails
or refuses to submit a permit application to the director as required by
paragraph (A) or (D) of this rule, or fails or refuses to correct application
deficiencies identified by Ohio EPA, the director will notify the applicant
and:
(1) Deny the requested permit;
or
(2) Return the application to
the applicant as incomplete; or
(3)
Revoke the existing permit; and
(4)
Take appropriate enforcement action.
(G) Recordkeeping. Applicants shall keep
records of all data used to complete a permit application and any supplemental
information required by the director in accordance with rules
3745-50-43
and
3745-50-44
of the Administrative Code for a period of at least three years after the
effective date of the permit.
(H)
The director may require a permittee or an applicant to submit information
necessary to enable the director to evaluate the application or to establish
permit conditions under this rule and rule
3745-50-51
of the Administrative Code.
(I) If
the director concludes, based on one or more of the factors in
paragraphs
paragraph (I)(1) to
(I)(1)(i) of this rule that compliance with 40 CFR Part 63 subpart EEE
alone may not be protective of human health or the environment, the director
will require the additional information or assessments necessary to determine
whether additional controls are necessary to ensure protection of human health
and the environment. This includes information necessary to evaluate the
potential risk to human health or the environment resulting from both direct
and indirect exposure pathways. The director also
may also require a permittee or applicant
to provide information necessary to determine whether such an assessments
should be required.
(1) The director will
base the evaluation of whether compliance with 40 CFR Part 63 subpart EEE alone
is protective of human health or the environment on factors relevant to the
potential risk from a hazardous waste combustion unit, including, as
appropriate, any of the following factors:
(a) Particular site-specific considerations
such as proximity to receptors (such as schools, hospitals, nursing homes, day
care centers, parks, community activity centers, or other potentially sensitive
receptors), unique dispersion patterns, etc.;
(b) Identities and quantities of emissions of
persistent, bioaccumulative, or toxic pollutants considering enforceable
controls in place to limit those pollutants;
(c) Identities and quantities of nondioxin
products of incomplete combustion most likely to be emitted and to pose
significant risk based on known toxicities;
(d) Identities and quantities of other
off-site sources of pollutants in proximity to the facility that significantly
influence interpretation of a facility-specific risk assessment;
(e) Presence of significant ecological
considerations, such as the proximity of a particularly sensitive ecological
area;
(f) Volume and types of
wastes, for example wastes containing highly toxic constituents;
(g) Other on-site sources of hazardous air
pollutants that significantly influence interpretation of the risk posed by the
operation of the source in question;
(h) Adequacy of any previously conducted risk
assessment, given any subsequent changes in conditions likely to affect risk;
and
(i) Such other factors as may
be appropriate.
(2)
[ Reserved.]
[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: 3734.02, 3734.05, 3734.12
Rule Amplifies: 3734.02, 3734.05, 3734.12
Prior Effective Dates: 04/15/1981, 08/26/1981 (Emer.), 04/28/1982, 03/04/1985, 11/17/1988 (Emer.), 02/23/1989, 12/30/1989, 03/31/1992, 07/14/1997, 12/07/2000, 03/13/2002, 12/07/2004, 02/16/2009, 10/31/2015
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