(A)
Chapter 3745-52 of the Administrative Code establishes standards for generators
of "hazardous waste," as defined in rule
3745-50-10 of the Administrative
Code
, as follows:
(1) A person who generates a hazardous waste
is subject to all
of the
following
applicable
independent requirements in paragraph (A) of this rule:
(a) Independent requirements of a very small
quantity generator:
(i) Paragraphs (A) to (D)
of rule
3745-52-11 of the Administrative
Code, hazardous waste determination and recordkeeping
.
; and
(ii) Rule
3745-52-13 of the Administrative
Code, generator category
determinations
determination.
(b) Independent requirements of a small
quantity generator:
(i) Rule
3745-52-11 of the Administrative
Code, hazardous waste determination and recordkeeping
.
;
(ii) Rule
3745-52-13 of the Administrative
Code, generator category
determinations.
determination;
(iii) Rule
3745-52-18 of the Administrative
Code, U.S. EPA identification numbers and re-notification for small quantity
generators and large quantity generators
.
;
(iv) Rules
3745-52-20 to
3745-52-27 of the Administrative
Code, manifest requirements for small quantity generators and large quantity
generators
.
;
(v)
Rules
3745-52-30 to
3745-52-35 of the Administrative
Code, pre-transport requirements for small quantity generators and large
quantity generators
.
;
(vi)
Rule
3745-52-40 of the Administrative
Code, recordkeeping - generator standards
.
;
(vii) Rule
3745-52-44 of the Administrative
Code, recordkeeping for small quantity generators
.
; and
(viii) Rule
3745-52-80 of the Administrative
Code and 40
C.F.R.
CFR Part 262 subpart H, transboundary movements of
hazardous waste for recovery or disposal.
[Comment: The exercise of foreign relations and international
commerce powers is reserved to the federal government under the Constitution.
These responsibilities are not delegable to the states. Therefore, the
importation and exportation of hazardous waste into and out of the United
States is solely regulated by the federal government.]
(c) Independent requirements of a
large quantity generator:
(i) Rule
3745-52-11 of the Administrative
Code, hazardous waste determination and recordkeeping
.
;
(ii) Rule
3745-52-13 of the Administrative
Code, generator category
determinations.
determination;
(iii) Rule
3745-52-18 of the Administrative
Code, U.S. EPA identification numbers and re-notification for small quantity
generators and large quantity generators
.
;
(iv) Rules
3745-52-20 to
3745-52-27 of the Administrative
Code, manifest requirements for small quantity generators and large quantity
generators
.
;
(v)
Rules
3745-52-30 to
3745-52-35 of the Administrative
Code, pre-transport requirements for small quantity generators and large
quantity generators
.
;
(vi)
Rules
3745-52-40 to
3745-52-43 of the Administrative
Code, recordkeeping and reporting applicable to small
quantityg
quantity
generators and large quantity generators
.
; and
(vii) Rule
3745-52-80 of the Administrative
Code and 40
C.F.R.
CFR Part 262 subpart H, transboundary movements of
hazardous waste for recovery or disposal.
(2) A generator who accumulates hazardous
waste on-site is a person who stores
or
treats hazardous waste. Such generator is subject to the applicable
requirements of Chapters 3745-50, 3745-54 to 3745-57
and 3745-205, 3745-65 to 3745-69
, 3745-205,
and
3745-256,
and 3745-266
, and 3745-267 of the Administrative Code and the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity
for treatment, storage, and disposal facilities,
unless the generator is one of the following:
(a) A very small quantity generator who
only accumulates hazardous waste by storing
and meets the conditions for exemption in rule
3745-52-14 of the Administrative
Code
.
;
[Comment: A very small quantity
generator of hazardous may only treat or dispose of hazardous waste pursuant to
the requirements in paragraphs (A)(5)(a) and (A)(5)(b) of rule 3745-52-14 of
the Administrative Code.]
(b) A small quantity generator who meets the
conditions for exemption in rules
3745-52-15 and
3745-52-16 of the Administrative
Code
.
;
or
(c) A large quantity
generator who meets the conditions for exemption in rules
3745-52-15 and
3745-52-17 of the Administrative
Code.
(3) A generator
shall not transport, offer the generator's hazardous waste for transport, or
otherwise cause the generator's waste to be sent to a facility that is not a
" designated facility
,"
as defined in rule
3745-50-10 of the Administrative
Code, or
is not otherwise authorized to
receive the generator's hazardous waste.
(B) Determining generator category. A
generator shall use rule
3745-52-13 of the Administrative
Code to determine which provisions of Chapter 3745-52 of the Administrative
Code are applicable to the generator based on the quantity of hazardous waste
generated per calendar month.
(C)
[Reserved.]
(D) Any person who
exports or imports hazardous wastes shall comply with
rule
rules
3745-52-18
and 3745-52-80 of the Administrative
Code and 40
C.F.R.
CFR Part 262 subpart H.
[Comment: The exercise of foreign relations and international
commerce powers is reserved to the federal government under the Constitution.
These responsibilities are not delegable to the states. Therefore, the
importation and exportation of hazardous waste into and out of the United
States is solely regulated by the federal government.]
(E) Any person who imports hazardous wastes
from a foreign country into the state of Ohio shall comply with the standards
applicable to generators in Chapter 3745-52 of the Administrative
Code.
(F) A farmer who generates
waste pesticides which are hazardous wastes and who complies with
all of the requirements of rule
3745-52-70 of the Administrative
Code is not required to comply with other standards in Chapter 3745-52 or
Chapters
Chapter
3745-50, 3745-54 to 3745-57
and 3745-205,
3745-65 to 3745-69
, 3745-205,
and 3745-256,
3745-267, or 3745-270
, or
rules 3745-50-40 to 3745-50-235 of the Administrative Code with
respect to such pesticides.
(G)
Noncompliance with generator requirements.
(1) A generator's violation of an independent
requirement is subject to penalty and injunctive relief pursuant to the
hazardous waste rules and Chapters 3734. and 3745. of the Revised
Code.
(2) A generator's
noncompliance with a condition for exemption in Chapter 3745-52 of the
Administrative Code is not subject to penalty or injunctive relief pursuant to
the hazardous waste rules and Chapters 3734. and 3745. of the Revised Code as a
violation of a condition for exemption in Chapter 3745-52 of the Administrative
Code. Noncompliance by any generator with an applicable condition for exemption
from storage or treatment permit and operation requirements means that the
facility is a storage or treatment facility, which
has been established and is operating without an exemption from the
Ohio hazardous waste permitting and operations requirements in Chapter 3734. of
the Revised Code, Chapters 3745-50, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69, 3745-205,
and
3745-256, and 3745-266, and 3745-267 of the Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA
of regulated waste activity. Without an exemption, any violations of such
storage or treatment activities
requirements are subject to penalty and injunctive
relief pursuant to the hazardous waste rules and Chapters 3734. and 3745. of
the Revised Code.
(H) An
owner or operator who initiates a shipment of hazardous waste from a treatment,
storage, or disposal facility shall comply with the generator standards in
Chapter 3745-52 of the Administrative Code.
(I) Persons responding to an explosives or
munitions emergency in accordance with paragraph (G)(8)(a)(iv) or (G)(8)(d) of
rule
3745-54-01 or paragraph
(C)(11)(a)(iv) or (C)(11)(d) of rule
3745-65-01 of the Administrative
Code
, and paragraph (D)(1)(d) or (D)(3) of rule
3745-50-45 of the Administrative
Code are not required to comply with the generator standards in Chapter 3745-52
of the Administrative Code.
(J)
[Reserved.]
(K)
[Reserved.]
(L) The laboratories
owned by an eligible academic entity that chooses to be subject to rules
3745-52-200 to
3745-52-216 of the
Administrative Code are not subject to (for purposes of this paragraph, the
terms "laboratory" and "eligible academic entity" have the meaning defined in
rule
3745-52-200 of the
Administrative Code)
either of the
following:
(1) The independent
requirements of rule
3745-52-11 or rule
3745-52-15 of the Administrative
Code for large quantity generators and small quantity generators, except as
provided in rules
3745-52-200 to
3745-52-216 of the
Administrative Code
.
; or
(2)
The conditions of rule
3745-52-14 of the Administrative
Code, for very small quantity generators, except as provided in rules
3745-52-200 to
3745-52-216 of the
Administrative Code.
(M)
All "reverse distributors," as defined in rule
3745-266-500 of the
Administrative Code, are subject to rules
3745-266-500 to
3745-266-510 of the
Administrative Code for the management of hazardous waste pharmaceuticals in
lieu of Chapter 3745-52 of the Administrative Code.
(N) Each "healthcare facility," as defined in
rule
3745-266-500 of the
Administrative Code, shall determine whether the healthcare facility is subject
to rules
3745-266-500 to
3745-266-510 of the
Administrative Code for the management of hazardous waste pharmaceuticals,
based on the total hazardous waste the healthcare facility generates per
calendar month (including both hazardous waste pharmaceuticals and
non-pharmaceutical hazardous waste). A healthcare facility that generates more
than one hundred kilograms (two hundred twenty pounds) of hazardous waste per
calendar month, or more than one kilogram (2.2 pounds) of acute hazardous waste
per calendar month, or more than one hundred kilograms (two hundred twenty
pounds) per calendar month of any residue or contaminated soil, water, or other
debris, resulting from the clean-up of a spill, into or on any land or water,
of any acute hazardous wastes listed in rule
3745-51-31 of the Administrative
Code or paragraph (E) of rule
3745-51-33 of the Administrative
Code, is subject to rules
3745-266-500 to
3745-266-510 of the
Administrative Code for the management of hazardous waste pharmaceuticals in
lieu of Chapter 3745-52 of the Administrative Code. A healthcare facility that
is a very small quantity generator when counting all of the healthcare
facility's hazardous waste, including both hazardous waste pharmaceuticals and
non-pharmaceutical hazardous waste, remains subject to rule
3745-52-14 of the Administrative
Code and is not subject to rules
3745-266-500 to
3745-266-510 of the
Administrative Code, except for rules
3745-266-505 and
3745-266-507 of the
Administrative Code and the optional provisions of rule
3745-266-504 of the
Administrative Code.
[Comment 1: A generator who treats,
stores, or disposes of hazardous waste on-site shall comply with the applicable
standards and permit requirements in rules 3745-50-40 to 3745-50-235 and
Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266,
and 3745-270 of the Administrative Code]
[Comment 2: 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."]
[Comment 1: Rules 3745-52-15,
3745-52-16, and
3745-52-17 of the Administrative
Code are applicable to the on-site accumulation of hazardous waste by
generators. Therefore, rules 3745-52-15, 3745-52-16, and
3745-52-17 of the Administrative
Code apply only to owners or operators who are shipping hazardous waste which
the owners or operators generated at that facility.]
[Comment 2: A generator who treats,
stores, or disposes of hazardous waste on-site shall comply with the applicable
standards and permit requirements in Chapters 3745-50, 3745-54 to 3745-57 and
3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, and 3745-270 of the
Administrative Code.]
[Comment 3: 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
Ohio Admin. Code
3745-52-10
Effective:
3/7/2025
Five Year Review (FYR) Dates:
11/12/2024 and Exempt
Promulgated Under:
119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12,
3734.13,
3745.01
Prior
Effective Dates: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981
(Emer.), 12/02/1981, 01/07/1983, 12/30/1989, 04/01/1990, 02/11/1992,
09/02/1997, 10/20/1998, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010,
03/17/2012, 02/12/2018, 10/05/2020
