Ohio Admin. Code 3745-51-760 - Closed-vent systems and control devices - equipment leaks

(A) The remanufacturer or other person who stores or treats the hazardous secondary material in a hazardous secondary material management units using closed-vent systems and control devices subject to rules 3745-51-750 to 3745-51-764 of the Administrative Code shall comply with rule 3745-51-733 of the Administrative Code.

(B)

(1) The remanufacturer or other person who stores or treats the hazardous secondary material at an existing facility who cannot install a closed-vent system and control device to comply with rules 3745-51-750 to 3745-51-764 of the Administrative Code on the effective date that the facility becomes subject to rules 3745-51-750 to 3745-51-764 of the Administrative Code shall prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls shall be installed as soon as possible, but the implementation schedule may allow up to thirty months after the effective date that the facility becomes subject to rules 3745-51-750 to 3745-51-764 of the Administrative Code for installation and startup.

(2) Any unit that begins operation after the first effective date of this rule and is subject to rules 3745-51-750 to 3745-51-764 of the Administrative Code when operation begins, shall comply with the rules immediately (i.e., shall have control devices installed and operating on startup of the affected unit); the thirty-month implementation schedule does not apply.

(3) The remanufacturer or other person who stores or treats the hazardous secondary material at any facility in existence on the effective date of a statutory or regulatory amendment that renders the facility subject to rules 3745-51-750 to 3745-51-764 of the Administrative Code shall comply with all requirements of rules 3745-51-750 to 3745-51-764 of the Administrative Code as soon as practicable but no later than thirty months after the amendment's effective date. When control equipment required by rules 3745-51-750 to 3745-51-764 of the Administrative Code cannot be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of rules 3745-51-750 to 3745-51-764 of the Administrative Code. The remanufacturer or other who stores or treats the hazardous secondary material shall keep a copy of the implementation schedule at the facility.

(4) Remanufacturers or other persons who store or treat the hazardous secondary materials at facilities and units that become newly subject to the requirements of rules 3745-51-750 to 3745-51-764 of the Administrative Code after the first effective date of this rule, due to an action other than those described in paragraph (B)(3) of this rule shall comply with all applicable requirements immediately (i.e., shall have control devices installed and operating on the date the facility or unit becomes subject to rules 3745-51-750 to 3745-51-764 of the Administrative Code; the thirty-month implementation schedule does not apply).

Notes

Ohio Admin. Code 3745-51-760

Effective: 6/12/2023
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12