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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