Ohio Admin. Code 3745-50-531 - Specific public notice procedures applicable to hazardous waste management permits
(A)
Pre-application public meeting and notice.
(1)
Applicability.
Paragraph (A) of this rule:
(a)
Applies to all applicants seeking initial permits for
hazardous waste management units.
(b)
Applies to "Part
B" applications seeking renewal of permits for such units, where the renewal
application is proposing a significant change in facility operations. For the
purposes of paragraph (A) of this rule, a "significant change" is any change
that would qualify as a "Class 3" permit modification under rule
3745-50-51 of the Administrative
Code.
(c)
[Reserved.]
(d)
Applies to
hazardous waste management facilities for which facility owners or operators
are seeking coverage under a standardized permit [see rules 3745-50-250 to
3745-50-320 of the Administative Code], including renewal of a standardized
permit for such units, where the renewal is proposing a "significant change" in
facility operations, as defined in paragraph (A)(3) of rule 3745-50-711 of the
Administrative Code.
(e)
Does not apply to applicants seeking renewal of permits
for such units, to permit modifications under rule
3745-50-51 of the Administrative
Code, or to applications that are submitted for the sole purpose of conducting
post-closure activities or post-closure activities and corrective action at a
facility.
(2)
Prior to the submittal of a "Part B" permit application
for a facility, or to the submission of a written "Notice of Intent" to be
covered by a standardized permit [see rules 3745-50-250 to 3745-50-320 of the
Administrative Code], the applicant shall hold at least one public meeting in
order to solicit questions from the community and inform the community of
proposed hazardous waste management activities. The applicant shall post a
sign-in sheet or otherwise provide a voluntary opportunity for attendees to
provide contact names and addresses.
(3)
The applicant
shall submit a summary of the meeting, along with the list of attendees' names
and addresses developed under paragraph (A)(2) of this rule, and copies of any
written comments or materials submitted at the meeting, to Ohio EPA as a part
of the "Part B" application, in accordance with paragraph (A) of rule
3745-50-44 of the Administrative
Code, or with the written "Notice of Intent" to be covered by a standardized
permit [see rules 3745-50-250 to 3745-50-320 of the Administrative
Code].
(4)
The applicant shall provide public notice of the
pre-application public meeting at least thirty days prior to the public
meeting. The applicant shall maintain, and provide to Ohio EPA upon request,
documentation of the notice.
(a)
The applicant shall provide public notice in all of the
following forms:
(i)
A newspaper advertisement. The applicant shall publish
a notice, fulfilling the requirements in paragraph (A)(4)(b) of this rule, in a
newspaper of general circulation in the county or equivalent jurisdiction that
hosts the proposed location of the facility. In addition, the director will
instruct the applicant to publish the notice in newspapers of general
circulation in adjacent counties or equivalent jurisdictions, where the
director determines that such publication is necessary to inform the affected
public. The notice shall be published as a display
advertisement.
(ii)
A visible and accessible sign. The applicant shall post
a notice on a clearly marked sign at or near the facility, fulfilling the
requirements in paragraph (A)(4)(b) of this rule. If the applicant places the
sign on the facility property, then the sign shall be large enough to be
readable from the nearest point where the public would pass by the
site.
(iii)
A broadcast media announcement. The applicant shall
broadcast a notice, fulfilling the requirements in paragraph (A)(4)(b) of this
rule, at least once on at least one local radio station or television station.
The applicant may employ another medium with prior approval of the
director.
(iv)
A notice to Ohio EPA. The applicant shall send a copy
of the newspaper notice to Ohio EPA and to the appropriate units of state and
local government, in accordance with
40 CFR
124.10(c)(1)(x).
(b)
The
notices required under paragraph (A)(4)(a) of this rule shall include:
(i)
The date, time,
and location of the meeting;
(ii)
A brief
description of the purpose of the meeting;
(iii)
A brief
description of the facility and proposed operations, including the address or a
map (e.g., a sketched or copied street map) of the facility
location;
(iv)
A statement encouraging people to contact the facility
at least seventy-two hours before the meeting if people need special access to
participate in the meeting; and
(v)
The name,
address, and telephone number of a contact person for the
applicant.
(B)
Public notice
requirements at the application stage.
(1)
Applicability.
Paragraph (B) of this rule:
(a)
Applies to all applicants seeking initial permits for
hazardous waste management units.
(b)
Applies to
applicants seeking renewal of permits for such units under rule
3745-50-56 of the Administrative
Code.
(c)
[Reserved.]
(d)
Does not apply to
hazardous waste units for which facility owners or operators are seeking
coverage under a standardized permit [see rules 3745-50-250 to 3745-50-320 of
the Administrative Code].
(e)
Does not apply to permit modifications under rule
3745-50-51 of the Administrative
Code, or to permit applications submitted for the sole purpose of conducting
post-closure activities or post-closure activities and corrective action at a
facility.
(2)
Notification at application submittal.
(a)
The director will
provide public notice as provided in
40 CFR
124.10(c)(1)(ix), and notice
to appropriate units of state and local government as provided in
40 CFR
124.10(c)(1)(x), that a
"Part B" permit application has been submitted to Ohio EPA and is available for
review.
(b)
The notice shall be published within a reasonable
period of time after the application is received by the director. The notice
shall include:
(i)
The name and telephone number of the applicant's
contact person;
(ii)
The name and telephone number of Ohio EPA's contact
office, and a mailing address to which information, opinions, and inquiries may
be directed throughout the permit review process;
(iii)
An address to
which people can write in order to be put on the facility mailing
list;
(iv)
The location where copies of the permit application and
any supporting documents can be viewed and copied;
(v)
A brief
description of the facility and proposed operations, including the address or a
map (e.g., a sketched or copied street map) of the facility location on the
front page of the notice; and
(vi)
The date that
the application was submitted.
(3)
Concurrent with
the notice required under paragraph (B)(2) of this rule, the director shall
place the permit application and any supporting documents in a location
accessible to the public in the vicinity of the facility or at Ohio EPA's
office.
(C)
Information repository.
(1)
Applicability.
The requirements of paragraph (C) of this rule apply to all applications
seeking permits for hazardous waste management units.
(2)
The director may
assess the need, on a case-by-case basis, for an information repository.
(a)
When assessing
the need for an information repository, the director will consider a variety of
factors, including:
(i)
The level of public interest;
(ii)
The type of
facility;
(iii)
The presence of an existing repository;
and
(iv)
The proximity to the nearest copy of the administrative
record.
(b)
If the director determines, at any time after submittal
of a permit application, that there is a need for a repository, then the
director will notify the facility that the facility shall establish and
maintain an information repository. [See paragraph (M) of rule
3745-50-58 of the Administrative
Code for similar provisions relating to the information repository during the
life of a permit.]
(3)
The information
repository shall contain all documents, reports, data, and information deemed
necessary by the director to fulfill the purposes for which the repository is
established. The director will have the discretion to limit the contents of the
repository.
(4)
The information repository shall be located and
maintained at a site chosen by the facility. If the director finds the site
unsuitable for the purposes and persons for which the site was established, due
to problems with the location, hours of availability, access, or other relevant
considerations, then the director will specify a more appropriate
site.
(5)
The director will specify requirements for informing
the public about the information repository. At a minimum, the director will
require the facility to provide a written notice about the information
repository to all individuals on the facility mailing list.
(6)
The facility
owner or operator is responsible for maintaining and updating the repository
with appropriate information throughout a time period specified by the
director. The director may close the repository at the director's discretion,
based on the factors in paragraph (C)(2) of this rule.
[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."]
Replaces: 3745-50-39
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004, 09/05/2010, 03/24/2017, 10/23/2022
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.