Ohio Admin. Code 3745-50-47 - Overview of the hazardous waste management permit program

(A) Coverage.

(1) Chapter 3745-50 of the Administrative Code establishes provisions for Ohio EPA hazardous waste permitting.

(2) Chapter 3745-50 of the Administrative Code covers basic Ohio EPA permitting requirements, such as application requirements, standard permit conditions, and monitoring and reporting requirements.

(3) Technical regulations. The hazardous waste permitting program includes separate additional rules that contain technical requirements. These separate rules are used by Ohio EPA to determine what requirements shall be placed in permits if permits are issued. The technical rules are in Chapters 3745-54 to 3745-57 and 3745-205, 3745-266, 3745-267, and 3745-270 of the Administrative Code.

(B) Overview.

(1) After the initial promulgation of rules in Chapter 3745-51 of the Administrative Code (identifying and listing hazardous wastes), treatment, storage, or disposal of hazardous waste by any person who has not applied for or received a hazardous waste permit is prohibited.

(2) After the promulgation or amendment of rules in Chapter 3745-51 of the Administrative Code, generators and transporters of hazardous waste, and owners or operators of hazardous waste treatment, storage, or disposal facilities, may be required to file a notification of hazardous waste management activity.

(3) Treatment, storage, and disposal facilities that are otherwise subject to permitting under the "hazardous waste rules" as defined in rule 3745-50-10 of the Administrative Code, and that meet the criteria in paragraph (B)(3)(a) or (B)(3)(b) of this rule, may be eligible for a standardized permit under rules 3745-50-250 to 3745-50-320 of the Administrative Code.

(a) The facility generates hazardous waste and then non-thermally treats or stores hazardous waste on-site in tanks, containers, or containment buildings; or

(b) The facility receives hazardous waste generated off-site by a generator under the same ownership as the receiving facility, and then stores or non-thermally treats the hazardous waste in containers, tanks, or containment buildings.

(4) A hazardous waste permit application consists of two parts, "Part A" (see rules 3745-50-40 and 3745-50-41 of the Administrative Code) and "Part B" (see rule 3745-50-44 of the Administrative Code).

(5) For "existing hazardous waste management facilities" as defined in rule 3745-50-10 of the Administrative Code:

(a) The requirement to submit an application is satisfied by submitting only "Part A" of the permit application until the date the director sets for submitting "Part B" of the permit application. Timely submittal of both the notification to Ohio EPA or U.S. EPA of regulated waste activity and "Part A" of the permit application qualifies owners and operators of existing hazardous waste management facilities (who are required to have a permit) for permit by rule under rule 3745-50-46 of the Administrative Code.

(i) Facility owners and operators with permit by rule:

(a) Are treated as having been issued a permit until Ohio EPA makes a final determination on the permit application.

(b) Shall comply with Chapters 3745-65 to 3745-69 and 3745-256 and 3745-266 of the Administrative Code.

(c) Are not relieved from compliance with other state requirements.

(ii) [Reserved.]

(b) The director shall set a date, giving at least six months notice, for submittal of "Part B" of the permit application.

(6) "Part B" of the permit application shall be submitted in narrative form, and shall contain the information provided in the applicable portions of rule 3745-50-44 of the Administrative Code.

(7) Owners or operators of new hazardous waste management facilities shall submit "Part A" and "Part B" of the permit application at least one hundred eighty days before physical construction is expected to commence.

Notes

Ohio Admin. Code 3745-50-47

Effective: 3/7/2025
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12