Ohio Admin. Code 3745-50-51 - Permit modifications
(A) As used in this rule, "modification"
means a change or alteration to a hazardous waste facility or
its
the
facility's operations that is inconsistent with or not authorized by
its
the
facility's existing permit or authorization to operate. "Modification
application" means a request for a modification submitted in accordance with
division (I) of section
3734.05 of
the Revised Code. A hazardous waste facility permit may be modified at the
request of the director or upon the written request of the permittee only if
any of the following applies:
(1) The
permittee desires to accomplish alterations, additions, or deletions to the
permitted facility or to undertake alterations, additions, deletions, or
activities that are inconsistent with or not authorized by the existing
permit.
(2) New information or data
justify permit conditions in addition to or different from those in the
existing permit.
(3) The standards,
criteria, or rules upon which the existing permit is based have been changed by
new, amended, or rescinded standards, criteria, or rules, or by judicial
decision after the existing permit was issued, and the change justifies permit
conditions in addition to or different from those in the existing
permit.
(4) The permittee proposes
to transfer the permit to another person.
(B) Owners or operators of facilities
operating pursuant to paragraph (C)(1) of rule
3745-50-40
of the Administrative Code who submit modifications shall comply with this rule
and, in lieu of the modification application submittal requirements of
paragraph (D)(1)(b), (D)(2)(a), or (D)(3)(c) of this rule, shall submit a
revised "Part A" permit application that does all of the following:
(1) Describes the exact changes to be made to
the facility.
(2) Identifies the
modification as either a "Class 1," "Class 2," or "Class 3"
modification.
(3) Explains why the
modification is needed.
(4)
Provides the applicable information required by rules
3745-50-43
and
3745-50-62 of the
Administrative Code.
(C)
When a permit is modified, only the conditions subject to modification may be
reviewed as part of the modification procedure.
(D) Modifications shall be classified by the
director as "Class 1," "Class 2," or "Class 3" modifications. Modification
requests classified as "Class 3" modifications shall be further classified by
the director as "Class 3" modifications that are to be approved or disapproved
by the director in accordance with either paragraph (D)(4) or (D)(5) of this
rule. To determine whether a "Class 3" modification request shall be approved
or disapproved in accordance with paragraph (D)(5) of this rule, the director
shall use the criteria in paragraph (D)(3)(b) of this rule.
(1) "Class 1" modifications.
(a) Except as provided in paragraph (D)(1)(b)
of this rule, the permittee may implement "Class 1" modifications listed in the
appendix to this rule, or modifications classified as "Class 1" modifications
by the director pursuant to paragraph (E) of this rule, under the following
conditions:
(i) The permittee shall notify
the director of the modification by certified mail or other means that
establish proof of delivery within seven days after the change is implemented.
This notice shall specify the changes made to permit conditions or supporting
documents referenced by the permit and shall explain why the changes are
necessary. Along with the notice, the permittee shall provide the applicable
information required by rules
3745-50-43,
3745-50-44,
and
3745-50-62 of the
Administrative Code.
(ii) The
permittee shall send a notice of the "Class 1" modification to all persons on
the agency mailing list maintained by the director, the board of county
commissioners of the county, the board of township trustees of the township,
and the city manager or mayor of the municipal corporation in which the
hazardous waste facility is located. This notification shall be made within
ninety days after the change is implemented. For "Class 1" modifications that
require prior director approval, the notification shall be made within ninety
days after the director approves the modification application.
(iii) Any person may request the director to
review, and the director may, for cause, reject any "Class 1" modification. The
director shall inform the permittee by certified mail
that
if a
"Class 1" modification has been
is rejected, and explain the reasons for the
rejection. If a "Class 1" modification has
been
is rejected, the permittee shall
comply with the original permit conditions.
(b) "Class 1" modifications identified in the
appendix to this rule by an asterisk may be made only with the prior written
approval of the director. The director's prior written approval is also
required for those modifications classified by the director as "Class 1"
modifications that require prior written approval pursuant to paragraph (E) of
this rule. The director shall approve or disapprove an application for a "Class
1" modification that requires the director's approval within sixty days after
receipt of the modification application. The approval or disapproval by the
director of a "Class 1" modification is not a final action that is appealable
under Chapter 3745. of the Revised Code.
(c) For a "Class 1" modification, the
permittee may elect to follow the procedures in paragraph (D)(2) of this rule
for "Class 2" modifications instead of the procedures in paragraph (D)(1) of
this rule. The permittee shall inform the director of this decision in the
notice required in paragraph (D)(1)(a)(i) of this rule.
(2) "Class 2" modifications.
(a) "Class 2" modification applications shall
be approved or disapproved by the director. For "Class 2" modifications listed
in the appendix to this rule, or modifications classified as "Class 2"
modifications by the director pursuant to paragraph (E) of this rule, the
permittee shall submit a modification application to the director that:
(i) Describes the exact change to be made to
the facility that would require the permit to be modified and the proposed
changes to the permit conditions and supporting documents referenced by the
permit;
(ii) Identifies the
modification as a "Class 2" modification;
(iii) Explains why the modification is
needed; and
(iv) Provides the
applicable information required by rules
3745-50-43,
3745-50-44,
and
3745-50-62 of the
Administrative Code.
(b)
The permittee shall send a notice of the modification application to all
persons on the agency mailing list maintained by the director, the board of
county commissioners of the county, the board of township trustees of the
township, and the city manager or mayor of the municipal corporation in which
the hazardous waste facility is located, and shall publish this notice in a
major local newspaper of general circulation. This notice shall be mailed and
published within seven days before or after the date of submittal of the
modification application to the director, and the permittee shall provide to
the director evidence of the mailing and publication. The notice shall include:
(i) Announcement of a
sixty day
sixty-day comment period, in accordance with paragraph
(D)(2)(e) of this rule, and the name and address of an Ohio EPA contact person
to whom comments shall be sent;
(ii) Announcement of the date, time, and
place for a public meeting held in accordance with paragraph (D)(2)(d) of this
rule;
(iii) Name and telephone
number of the permittee's contact person;
(iv) Name and telephone number of an Ohio EPA
contact person;
(v) Location where
a copy of the modification application and any supporting documents can be
viewed and copied; and
(vi) The
following statement: "The permittee's compliance history during the life of the
permit that is being modified is available from the Ohio EPA contact
person."
(c) The
permittee shall place a copy of the permit modification application and
supporting documents in a location accessible to the public in the vicinity of
the facility.
(d) The permittee
shall hold a public meeting no earlier than fifteen days after the publication
of the notice required by paragraph (D)(2)(b) of this rule and no later than
fifteen days before the close of the sixty
day
sixty-day comment period. The meeting
shall be held, to the extent practicable, in the vicinity of the
facility.
(e) The public shall be
provided sixty days to comment on the modification application. The comment
period shall begin on the date the permittee publishes the notice in the local
newspaper. Comments shall be submitted to the Ohio EPA contact person
identified in the public notice.
(f)
(i) No
later than ninety days after receipt of the modification application, the
director shall:
(a) Approve the modification
application, with or without changes, and modify the permit accordingly;
or
(b) Disapprove the application;
or
(c) Determine that the
modification application shall follow the procedures in paragraph (D)(3) of
this rule for "Class 3" modifications for either of the following reasons:
(i) There is significant public concern about
the proposed modification; or
(ii)
The complex nature of the change justifies the more extensive procedures for
"Class 3" modifications; or
(d) Approve the application, with or without
changes, as a temporary authorization for a term of up to one hundred eighty
days; or
(e) Notify the permittee
that the director will decide on the application within the next thirty
days.
(ii) If the
director notifies the permittee of a thirty
day
thirty-day extension for a decision,
the director shall take one of the following actions no later than one hundred
twenty days after receipt of the modification application:
(a) Approve the modification application,
with or without changes, and modify the permit accordingly; or
(b) Disapprove the application; or
(c) Determine that the modification
application shall follow the procedures in paragraph (D)(3) of this rule for
"Class 3" modifications for either of the following reasons:
(i) There is significant public concern about
the proposed modification; or
(ii)
The complex nature of the change justifies the more extensive procedures for
"Class 3" modifications; or
(d) Approve the application, with or without
changes, as a temporary authorization for a term of up to one hundred eighty
days.
(iii) If the
director fails to take one of the actions specified in paragraph (D)(2)(f)(i)
or (D)(2)(f)(ii) of this rule by the one hundred twentieth day after receipt of
the modification application, the permittee shall be automatically authorized
to conduct the activities described in the modification application for up to
one hundred eighty days, without formal agency action. The authorized
activities shall be conducted as described in the permit modification
application and shall be conducted in compliance with all applicable standards
of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code. If the
director approves, with or without changes, or disapproves the modification
application during the term of the temporary or automatic authorization
provided for in paragraph (D) (2)(f)(i)(d), (D)(2)(f)(ii)(d), or (D)(2)(f)(iii)
of this rule, such action shall replace the temporary or automatic
authorization.
(iv)
(a) In the case of an automatic authorization
under paragraph (D) (2)(f)(iii) of this rule, or a temporary authorization
under paragraph (D)(2)(f)(i)(d) or (D)(2)(f)(ii)(d) of this rule, if the
director has not approved or disapproved the modification application within
two hundred fifty days after receipt of the modification application,
within seven days after that time, the permittee
shall, within seven days after that time,
send a notice to all persons on the agency mailing list and make a reasonable
effort to notify other persons who submitted written comments on the
modification application, that:
(i) The
permittee has been
is authorized temporarily to conduct the activities
described in the modification application; and
(ii) Unless the director approves or
disapproves the application by the end of the authorization period, the
permittee will be automatically authorized to conduct such activities for the
life of the permit.
(b)
If the permittee fails to send a notice to all persons on the agency mailing
list by the date specified in paragraph (D)(2)(f)(iv)(a) of this rule, the
effective date of the final automatic authorization will be deferred until
fifty days after the permittee sends a notice to all persons on the agency
mailing list.
(v) If the
director does not approve or disapprove a modification application before the
end of the automatic or temporary authorization period or reclassify the "Class
2" modification application as a "Class 3" modification, the permittee is
authorized to conduct the activities described in the modification application
for the life of the permit unless modified later under this rule. The
activities authorized under paragraph (D)(2) of this rule
shall be conducted as described in the
modification application and shall be conducted in compliance with all
applicable standards of Chapters 3745-65 to 3745-69 and 3745-256 of the
Administrative Code.
[Comment: The director is required to approve or disapprove an
application for a "Class 2" modification within three hundred days after
its receipt
(vi) In deciding to approve or disapprove a
modification application, or to issue a temporary authorization, or to
reclassify a "Class 2" modification as a "Class 3" modification, the director
shall consider all comments received during the public comment period regarding
the modification application, written materials submitted at the public meeting
regarding the application, and any other documents regarding the director's
decision, and shall respond in writing to all significant comments. The
approval or disapproval by the director of a "Class 2" modification is a final
action that is appealable under Chapter 3745. of the Revised Code. The
administrative record for appeal of a "Class 2" modification shall include the
comments, materials, and documents described in this paragraph.
(vii) If the director approves the
application for the "Class 2" modification, the director shall issue the
modified permit upon such terms and conditions as the director finds are
reasonable to ensure that the operation, maintenance, closure, and post-closure
care of the hazardous waste facility are conducted in accordance with Chapter
3734. of the Revised Code, the hazardous waste rules, and such additional terms
and conditions as the director determines are necessary to protect human health
and the environment.
(g)
The director may disapprove or change the terms of a "Class 2" modification
application, under paragraph (D)(2)(f)(i), (D)(2)(f)(ii), or (D)(2)(f)(iii) of
this rule, for any of the following reasons:
(i) The modification application is
incomplete;
(ii) The requested
modification does not comply with the applicable requirements of Chapters
3745-54 to 3745-57 and 3745-205 of the Administrative Code or other applicable
requirements in the hazardous waste rules; or
(iii) The conditions of the requested
modification are inadequate to protect human health and the
environment.
(h) The
permittee may perform any construction associated with a "Class 2" modification
application beginning sixty days after the submittal of the application to the
director unless the director establishes a later date for commencing
construction and notifies the permittee in writing prior to the sixtieth day
after the submittal of the application.
(3) "Class 3" modifications.
(a) "Class 3" modification applications shall
be approved or disapproved by the director. Paragraphs (D)(3)(c) to (D)(3)(g)
of this rule provide the procedures governing all "Class 3" modification
applications. In addition to the procedures provided in paragraphs (D)(3)(c) to
(D)(3)(g) of this rule, "Class 3" modifications are subject to the following
additional procedures:
(i) Requests for
"Class 3" modifications that do not meet the criteria of paragraph (D)(3)(b) of
this rule shall be approved or disapproved in accordance with paragraph (D)(4)
of this rule.
(ii) Requests for
"Class 3" modifications that do meet the criteria of paragraph (D)(3)(b) of
this rule shall be approved or disapproved in accordance with paragraph (D)(5)
of this rule.
(b) The
director will use the procedures in paragraph (D)(5) of this rule for any of
the following categories of "Class 3" modifications:
(i) Authority to conduct treatment, storage,
or disposal at a site, location, or tract of land that
has
is not
been authorized for the proposed category
of treatment, storage, or disposal activity by the facility's permit;
(ii) Modification or addition of a "hazardous
waste management unit," as defined in rule
3745-50-10
of the Administrative Code, that results in an increase in a facility's storage
capacity of more than twenty-five per cent over the capacity authorized by the
facility's permit, an increase in a facility's treatment rate of more than
twenty-five per cent over the rate authorized by the permit, or an increase in
a facility's disposal capacity over the capacity authorized by the permit. The
authorized disposal capacity for a facility shall be calculated from the
approved design plans for the disposal units at that facility. During a five
year period, a facility's storage capacity or treatment rate shall not be
modified to increase by more than twenty-five per cent in the aggregate without
the director's approval pursuant to paragraph (D)(5) of this rule;
(iii) Authority to add any of the following
categories of regulated activities not previously authorized at a facility by
the facility's permit: storage at a facility not previously authorized to store
hazardous waste, treatment at a facility not previously authorized to treat
hazardous waste, or disposal at a facility not previously authorized to dispose
of hazardous waste;
(iv) Authority
to add a category of hazardous waste management unit not previously authorized
at the facility by the facility's permit; and
(v) Authority to treat, store, or dispose of
waste types listed or characterized as reactive wastes or explosive wastes in
rules
3745-51-20
to
3745-51-24
or
3745-51-30
to
3745-51-35
of the Administrative Code, or any acute hazardous waste listed in paragraph
(E) of rule
3745-51-33
of the Administrative Code at a facility not previously authorized to treat,
store, or dispose of those types of wastes by the facility's permit, unless the
requested authority is limited to wastes that no longer exhibit characteristics
that meet the criteria for listing or for characterization as reactive wastes
or explosive wastes, or for listing as acute hazardous waste, but still are
required to carry those waste codes because of the requirements established in
rule
3745-51-03
of the Administrative Code (e.g., the "mixture," "contained in," or
"derived-from" provisions).
(c) The permittee shall submit a modification
application to the director that:
(i)
Describes the exact changes to be made to the facility that would require the
permit to be modified and the proposed changes to the permit conditions and
supporting documents referenced by the permit;
(ii) Identifies the modification as a "Class
3" modification;
(iii) Explains why
the modification is needed; and
(iv) Provides the applicable information
required by rules
3745-50-43,
3745-50-44,
and
3745-50-62 of the
Administrative Code.
(d)
The permittee shall send a notice of the modification application to all
persons on the agency mailing list maintained by the director, the board of
county commissioners of the county, the board of township trustees of the
township, and the city manager or mayor of the municipal corporation in which a
hazardous waste facility is located, and shall publish this notice in a major
local newspaper of general circulation. This notice shall be mailed and
published within seven days before or after the date of submittal of the
modification application to the director, and the permittee shall provide to
the director evidence of the mailing and publication. The notice shall include:
(i) 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;
(ii) Announcement of the date, time, and
place for a public meeting on the modification application, to be held in
accordance with paragraph (D)(3)(f) of this rule;
(iii) Name and telephone number of the
permittee's contact person;
(iv)
Name and telephone number of an Ohio EPA contact person;
(v) Location where a copy of the modification
application and any supporting documents can be viewed and copied;
and
(vi) The following statement:
"The permittee's compliance history during the life of the permit that is being
modified is available from the Ohio EPA contact person."
(e) The permittee shall place a copy of the
permit modification application and supporting documents in a location
accessible to the public in the vicinity of the facility.
(f) The permittee shall hold a public meeting
no earlier than fifteen days after the publication of the notice required by
paragraph (D)(3)(d) of this rule and no later than fifteen days before the
close of the sixty day
sixty-day comment period. The meeting shall be held,
to the extent practicable, in the vicinity of the facility.
(g) The public shall be provided at least
sixty days to comment on the modification application. The comment period shall
begin on the date the permittee publishes the notice in the local newspaper.
Comments shall be submitted to the Ohio EPA contact person identified in the
notice.
(4) "Class 3"
modifications that do not meet the criteria of paragraph (D)(3)(b) of this
rule.
(a) After the conclusion of the
sixty day
sixty-day comment period described in paragraph
(D)(3)(g) of this rule and the completion of the review of the "Class 3"
modification application, the director shall:
(i) Issue a draft modified permit or a notice
of intent to deny the modification application; and
(ii) Respond in writing to all written
comments that pertain to the subject matter of the permit modification
application received during the sixty
day
sixty-day comment period provided in
paragraph (D)(3) (g) of this rule, place a copy of the response at the location
where a copy of the application and the draft modified permit or notice of
intent to deny the modification application are available for inspection, and
mail a copy of the response to each of the persons who submitted written
comments during that comment period; and
(iii) Give public notice of the issuance of
the draft modified permit or notice of intent to deny the modification
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 modification application and the draft modified permit
or notice of intent to deny the modification application, the location of the
facility, a description of the proposed modification, the location where a copy
of the application and the draft modified permit or notice of intent to deny
the modification application are available for inspection, and the statement
that any person may submit written comments relevant to the permit modification
request and draft modified permit or notice of intent to deny the modification
application, or may request a public meeting thereon within forty-five days
after the public notice. The public shall be provided at least forty-five days
to comment on the modification application. The comment period shall begin on
the date the notice is published in the newspaper. Comments shall be submitted
to the Ohio EPA contact person identified in the notice; and
(iv) If significant interest is shown in a
public meeting, the director shall promptly fix and 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 public notice of the public meeting. At the public meeting,
any person may submit written or oral comments relevant to the modification
application and draft modified permit or notice of intent to deny the
modification application; and
(v)
If the director approves the application for the "Class 3" modification, the
modified permit shall be issued upon such terms and conditions as the director
finds are reasonable to ensure that the operation, maintenance, closure, and
post-closure care of the hazardous waste facility are conducted in accordance
with Chapter 3734. of the Revised Code, the hazardous waste rules, and such
additional terms and conditions as the director determines are necessary to
protect human health and the environment.
(b) The director shall approve or disapprove
an application for a "Class 3" modification within three hundred sixty-five
days after receipt of the modification application. In deciding to approve or
disapprove such a "Class 3" modification application, the director shall
consider all comments received during the public comment periods required in
paragraphs (D)(3)(g) and (D)(4)(a) of this rule regarding the modification
application, written materials submitted at the public meetings regarding the
application, and any other documents regarding the director's decision, and
shall respond in writing to all significant comments. The approval or
disapproval by the director of a "Class 3" modification application is a final
action that is appealable under Chapter 3745. of the Revised Code. The
administrative record for appeal of a "Class 3" modification shall include the
comments, materials, and documents described in this paragraph.
(5) "Class 3" modifications that
do meet the criteria of paragraph (D)(3)(b) of this rule.
(a) After the conclusion of the
sixty day
sixty-day comment period described in paragraph
(D)(3)(g) of this rule, the director shall consider the "Class 3" modification
application to determine whether the application meets the requirements of
paragraph (A) of rule
3745-50-38
of the Administrative Code.
(b)
Upon completion of the review pursuant to paragraph (D)(5)(a) of this rule, the
director will approve or disapprove the "Class 3" modification application in
accordance with the procedures in paragraph (D)(4) of this rule.
(E) Other
modifications.
(1) In the case of
modifications not explicitly listed in the appendix to this rule, the permittee
may:
(a) Request a determination by the
director that the proposed modification be reviewed and processed in accordance
with the "Class 1" or "Class 2" modification procedures identified in this
rule. To make such a request, the permittee shall submit a modification
classification request which contains the information necessary to support the
request. A modification classification request is not a modification
application; or
(b) Submit a "Class
1" or "Class 2" modification application to the director. No later than thirty
days after receipt of the modification application, the director will evaluate
the classification of this modification using the criteria in paragraph (E)(2)
of this rule and will notify the permittee of Ohio EPA's determination on the
proper classification of the modification; or
(c) Submit a "Class 3" modification
application to the director.
(2) The director shall make the
classification determination described in paragraph (E)(1)(a) of this rule not
later than thirty days after receipt of the request and shall notify the
permittee of the classification. In making a classification determination, the
director shall consider the similarity of the modification to other
modifications in the appendix to this rule and all of the following criteria:
(a) "Class 1" modifications apply to minor
changes to the facility or its
the facility's operations. These changes do not
necessitate substantial alteration of the permit conditions and do not reduce
the capacity of the facility to protect human health or the environment. In the
case of "Class 1" modifications, the director's prior approval may be
required.
(b) "Class 2"
modifications apply to changes that are necessary to enable a permittee to
respond, in a timely manner, to:
(i) Common
variations in the types and quantities of the wastes managed under the facility
permit;
(ii) Technological
advancements; or
(iii) Changes
necessary to comply with new regulations, where these changes can be
implemented without substantially changing design specifications or management
practices in the permit.
(c) "Class 3" modifications apply to changes
that substantially alter the facility or its
the facility's
operations.
(3) After
the director has notified the permittee of the classification determination
pursuant to paragraph (E)(2) of this rule, the permittee shall initiate the
appropriate modification procedures in paragraph (D)(1), (D)(2), or (D)(3) of
this rule.
(F) Temporary
authorizations.
(1) Upon request of the
permittee, the director may, without prior public notice and comment, grant the
permittee a temporary authorization, in accordance with paragraph (F) of this
rule, to conduct the activity described in a temporary authorization request. A
temporary authorization shall have a term of not more than one hundred eighty
days.
(2) Request for temporary
authorization.
(a) The permittee may request
a temporary authorization for:
(i) Any "Class
2" modification that meets the criteria in paragraph (F)(3) (b) of this rule;
and
(ii) Any "Class 3" modification
that meets the criteria in paragraph (F) (3)(b)(i) or (F)(3)(b)(ii) of this
rule, or that meets the criteria in paragraphs (F)(3)(b)(iii) to (F)(3)(b)(v)
of this rule and provides improved management or treatment of a hazardous waste
already included in the facility permit.
(b) The temporary authorization request shall
include:
(i) A description of the activities
to be conducted under the temporary authorization;
.
(ii) An explanation of why the temporary
authorization is necessary; and
(iii) Sufficient information to ensure
compliance with the applicable requirements of Chapters 3745-54 to 3745-57, and
3745-205 of the Administrative Code.
(c) The permittee shall send a notice about
the temporary authorization request to all persons on the agency mailing list
maintained by the director, the board of county commissioners of the county,
the board of township trustees of the township, and the city manager or mayor
of the municipal corporation in which a hazardous waste facility is located.
This notification shall be made within seven days after submittal of the
authorization request.
(3) The director shall grant or deny the
temporary authorization request as quickly as practical. In deciding to grant a
temporary authorization, the director shall find that:
(a) The authorized activities will be
conducted in compliance with the standards of Chapters 3745-54 to 3745-57,
3745-205, and 3745-266 of the Administrative Code.
(b) The temporary authorization is necessary
to achieve one of the following objectives before action is likely to be taken
on a modification request:
(i) To facilitate
timely implementation of closure or corrective action activities;
(ii) To allow treatment or storage in tanks
or containers, or in containment buildings, of land disposal restricted wastes
in accordance with Chapter 3745-270 of the Administrative Code;
(iii) To prevent disruption of ongoing waste
management activities;
(iv) To
enable the permittee to respond to sudden changes in the types or quantities of
the wastes managed under the facility permit; or
(v) To facilitate other changes to protect
human health and the environment.
(4) A temporary authorization may be reissued
for one additional term of up to one hundred eighty days provided that the
permittee has requested a "Class 2" or "Class 3" modification for the activity
authorized by the temporary authorization, and:
(a) The reissued temporary authorization
constitutes the director's decision on a "Class 2" modification in accordance
with paragraph (D)(2)(f)(i) or (D) (2)(f)(ii) of this rule, or
(b) The director determines that the reissued
temporary authorization of a "Class 3" modification request is warranted to
allow the authorized activities to continue while the modification procedures
of paragraph (D) (3) of this rule are conducted.
(G) Public notice and appeals of
permit modification decisions.
(1) The
director shall send a notice to all persons on the agency mailing list, the
board of county commissioners of the county, the board of township trustees of
the township, and the city manager or mayor of the municipal corporation in
which a hazardous waste facility is located, within ten days after any decision
under this rule to approve or disapprove a "Class 2" or "Class 3" modification
application. The director also shall send a notice to such persons within ten
days after an automatic or temporary authorization for a "Class 2" modification
goes into effect under paragraph (D)(2)(f)(iii), (D)(2)(f)(v), (F)(3), or
(F)(4) of this rule, or a temporary authorization for a "Class 3" modification
goes into effect under paragraph (F)(3) or (F)(4) of this rule.
(2) An automatic authorization that takes
effect under paragraph (D)(2)(f)(iii) or (D) (2)(f)(v) of this rule may be
appealed pursuant to Chapter 3745. of the Revised Code;
however, the permittee may continue to conduct the activities pursuant to the
automatic authorization unless and until a final determination is made by the
"Environmental Review Appeals Commission" to grant review and remand the permit
decision .
(H)
Permit by rule for newly regulated wastes or hazardous waste management units.
(1) The permittee 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
permittee subject to additional hazardous waste permitting requirements for
newly regulated hazardous waste or hazardous waste management units will be
deemed to have a permit by rule for such newly regulated waste or units if:
(a) The unit was in existence as a hazardous
waste facility with respect to the newly listed or characterized waste or newly
regulated waste management unit on the effective date of the Ohio statutory or
regulatory change that lists or identifies the waste, or that regulates the
unit;
(b) The permittee submits a
"Class 1" modification application no later than thirty days after the date on
which the waste or unit becomes subject to the new requirements;
(c) The permittee is in compliance with the
applicable standards of Chapters 3745-65 to 3745-69 and 3745-256, of the
Administrative Code;
(d) The
permittee also submits a complete "Class 2" or "Class 3" modification
application no later than one hundred eighty days after the director requests
the modification application or upon a later date if the permittee demonstrates
to the director good cause for the late submittal; and
(e) In the case of land disposal units, the
permittee certifies that each such unit is in compliance with all applicable
requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative
Code for ground water monitoring and financial responsibility on the date three
hundred sixty-five days after the effective date of the Ohio statutory or
regulatory change that lists or identifies the waste as hazardous, or that
regulates the unit as a hazardous waste management unit. If the owner or
operator fails to certify compliance with all these requirements, the permittee
will not have authority to operate under paragraph (H) of this rule.
(2) The director shall approve or
disapprove the "Class 2" or "Class 3" modification application submitted
pursuant to paragraph (H)(1)(d) of this rule in accordance with paragraphs
(D)(2)(f)(vii) and (D)(2)(g) of this rule or with paragraphs (D)(4)(a) and
(D)(4)(b) of this rule. If a "Class 3" modification application submitted
pursuant to paragraph (H)(1)(d) of this rule is from a permit by rule facility
conducting thermal treatment of hazardous waste in a boiler or industrial
furnace, the director shall approve or disapprove the application in accordance
with paragraph (D)(5) of this rule and division (D)(2) of section
3734.05 of
the Revised Code, except that the director shall not disapprove an application
for the thermal treatment on the basis of the criteria in division (D)(2)(g) or
(D)(2) (h) of section
3734.05 of
the Revised Code.
(3) New wastes or
units added to a facility's permit under paragraph (H) of this rule do not
constitute expansions for the purpose of the twenty-five per cent capacity
expansion limit for "Class 2" or "Class 3" modifications.
(I) Hazardous waste military munitions
treatment and disposal. The permittee is authorized to continue to accept waste
military munitions notwithstanding any permit conditions that bar the permittee
from accepting off-site wastes, if all of the following:
(1) The facility was in existence as a
hazardous waste facility, and the facility was already permitted to handle the
waste military munitions, on the date when the waste military munitions became
subject to hazardous waste regulatory requirements.
(2) On or before the date when the waste
military munitions become subject to hazardous waste regulatory requirements,
the permittee submits a "Class 1" modification request to remove or amend the
permit provision that restricts the receipt of off-site waste military
munitions.
(3) The permittee
submits a complete "Class 2" modification request within one hundred eighty
days after the date when the waste military munitions became subject to
hazardous waste regulatory requirements.
(J) The director may initiate a permit
modification of a hazardous waste facility installation and operation permit by
doing all of the following:
(1) Issuing a
draft modified permit.
(2) Giving
public notice of the issuance of the draft permit modification, at a minimum,
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, at a
minimum, a summary of the draft permit modification, the location of the
facility, a description of the facility, the location where copies of the draft
modified permit are available for inspection, and the statement that any person
may submit written comments relevant to the draft permit modification or may
request a public meeting thereon within forty-five days after the issuance of
the public notice.
(3) If
significant interest is shown in a public meeting, promptly fixing and giving
public notice, at a minimum, 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 public notice of the
public meeting. At the public meeting, any person may submit written or oral
comments relevant to the proposed modified permit.
(4) Within sixty days after the public
meeting or close of the public comment period, by issuing the modified permit
upon such terms and conditions as the director finds are reasonable to ensure
that the operation, maintenance, closure, and post-closure care of the
hazardous waste facility are conducted in accordance with Chapter 3734. of the
Revised Code, the hazardous waste rules, and such additional terms and
conditions as the director determines are necessary to protect human health and
the environment. In approving such a modification, the director shall consider
all comments received during the public comment period required in paragraph
(J)(2) of this rule regarding the modification, written materials submitted at
the public meeting regarding the modification, and any other documents
regarding the director's decision, and shall respond in writing to all
significant comments. The approval by the director of the modification is a
final action that is appealable under Chapter 3745. of the Revised Code. The
administrative record for appeal of the modification shall include the
comments, materials, and documents described in this paragraph.
(K) Permit modification list. The
director shall maintain a list of all approved permit modifications and shall
publish a notice once a year in a newspaper having general circulation
throughout the state of Ohio that an updated list is available for
review.
(L) Combustion facility
changes to meet 40 CFR Part 63 maximum achievable control technology (MACT)
standards. The following procedures apply to hazardous waste combustion
facility permit modifications requested under the appendix to this rule.
(1) Facility owners or operators shall be in
compliance with the "Notification of Intent to Comply (NIC)" requirements of
40 CFR
63.1210 that were in effect prior to October
11, 2000, (see
40 CFR
63.1200 to 40 CFR 63.1499 revised as of July
1, 2000) in order to request a permit modification under this rule for the
purpose of technology changes needed to meet the standards under
40
CFR 63.1203, 40 CFR 63.1204, and
40
CFR 63.1205.
(2) Facility owners or operators shall comply
with the NIC requirements of
40 CFR
63.1210(b) and 40 CFR
63.1212(a) before a permit modification may be requested under this rule for
the purpose of technology changes needed to meet the standards in
40
CFR 63.1215, 40 CFR 63.1216,
40
CFR 63.1217, 40 CFR 63.1218,
40
CFR 63.1219, 40 CFR 63.1220, and
40
CFR 63.1221.
(3) If the director does not approve or deny
the request within ninety days after the director receives it, the request will
be deemed approved. The director may, at his discretion, extend this
ninety day
ninety-day deadline one time for up to thirty days by
notifying the facility owner or operator.
(M) Waiver of hazardous waste permit
conditions in support of transition to the 40 CFR Part 63 MACT standards.
(1) The owner or operator may request to have
specific hazardous waste operating and emission limits waived by submitting a
"Class 1" permit modification request under the appendix to this rule. The
owner or operator shall do all of the following:
(a) Identify the specific hazardous waste
permit operating and emission limits which is the subject of the waiver
request.
(b) Provide an explanation
of why the changes are necessary in order to minimize or eliminate conflicts
between the hazardous waste permit and MACT compliance.
(c) Discuss how the revised provisions will
be sufficiently protective.
(d) The
director will approve or deny the request within thirty days after receipt of
the request. The director may, at his discretion, extend this
thirty day
thirty-day deadline one time for up to thirty days by
notifying the facility owner or operator.
(2) To request this modification in
conjunction with MACT performance testing where permit limits may only be
waived during actual test events and pretesting, as described in
40 CFR
63.1207(h)(2)(i) and 40 CFR
63.1207(h)(2)(ii), for an aggregate time not to exceed seven hundred twenty
hours of operation (renewable at the discretion of the director) the owner or
operator shall do all
both of the following:
(a) Submit the modification request to the
director at the same time the test plans are submitted to the
director.
(b) The director may
elect to approve or deny the request contingent upon approval of the test
plans.
(N)
[ 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: 3734.05, 3734.12
Rule Amplifies: 3734.05, 3734.12
Prior Effective Dates: 02/15/1985 (Emer.), 05/02/1985, 02/23/1989, 12/30/1989, 04/01/1990, 06/15/1992, 07/14/1997, 10/20/1998, 12/07/2000, 07/27/2001, 03/13/2002, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 10/31/2015
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