Ohio Admin. Code 3745-52-16 - Conditions for exemption for small quantity generators that accumulate hazardous waste
(A)
Generation. The generator generates in a calendar month no
more than the amounts specified in the definition of "small quantity generator"
in rule 3745-50-10 of the Administrative
Code.
(B)
Accumulation or treatment. The generator accumulates or
treats hazardous waste on-site for no more than one hundred eighty days, unless
in compliance with the conditions for exemption for longer accumulation in
paragraphs (D) and (E) of this rule. The following accumulation conditions also
apply:
(1)
Accumulation limit. The quantity of hazardous waste
accumulated or treated on-site never exceeds 6, 000.0 kilograms (13, 200.0
pounds).
(2)
Accumulation or treatment of hazardous waste in
containers:
(a)
Condition of containers. If a container holding hazardous
waste is not in good condition, or if the container begins to leak, the small
quantity generator shall immediately transfer the hazardous waste from this
container to a container that is in good condition, or immediately manage the
waste in some other way that complies with the conditions for exemption of this
rule.
(b)
Compatibility of waste with container. The small
quantity generator shall use a container made of or lined with materials that
shall not react with, and are otherwise compatible with, the hazardous waste to
be accumulated or treated, so that the ability of the container to contain the
waste is not impaired.
(c)
Management of containers.
(i)
A container
holding hazardous waste shall always be closed during accumulation, except when
necessary to add or remove waste.
(ii)
A container
holding hazardous waste shall not be opened, handled, accumulated, or treated
in a manner that may rupture the container or cause the container to
leak.
(d)
Inspections. At least weekly, the small quantity
generator shall inspect central accumulation areas. The small quantity
generator shall look for leaking containers and for deterioration of containers
caused by corrosion or other factors. See paragraph (B)(2)(a) of this rule for
remedial action required if deterioration or leaks are
detected.
(e)
Special conditions for accumulation or treatment of
incompatible wastes.
(i)
Incompatible wastes, or incompatible wastes and
materials, (see appendix to rule
3745-66-99 of the Administrative
Code for examples) shall not be placed in the same container, unless paragraph
(B) of rule
3745-65-17 of the Administrative
Code is complied with.
(ii)
Hazardous waste shall not be placed in an unwashed
container that previously held an incompatible waste or material (see appendix
of rule 3745-66-99 of the Administrative
Code for examples), unless paragraph (B) of rule
3745-65-17 of the Administrative
Code is complied with.
(iii)
A container accumulating hazardous waste that is
incompatible with any waste or other materials accumulated, treated, or stored
nearby in other containers, piles, open tanks, or surface impoundments shall be
separated from the other materials or protected from waste or materials by
means of a dike, berm, wall, or other
device.
(3)
Accumulation or
treatment of hazardous waste in tanks.
(a)
[Reserved.]
(b)
A small quantity
generator of hazardous waste shall comply with the following general operating
conditions:
(i)
Treatment or accumulation of hazardous waste in tanks shall
comply with paragraph (B) of rule
3745-65-17 of the Administrative
Code.
(ii)
Hazardous wastes or treatment reagents shall not be
placed in a tank if the hazardous wastes or treatment reagents could cause the
tank or the tank's inner liner to rupture, leak, corrode, or otherwise fail
before the end of the tank's intended life.
(iii)
Uncovered tanks
shall be operated to ensure at least sixty centimeters (two feet) of freeboard,
unless the tank is equipped with a containment structure (e.g., dike or
trench), a drainage control system, or a diversion structure (e.g., standby
tank) with a capacity that equals or exceeds the volume of the top sixty
centimeters (two feet) of the tank.
(iv)
Where hazardous
waste is continuously fed into a tank, the tank shall be equipped with a means
to stop this inflow (e.g., waste feed cutoff system or by-pass system to a
stand-by tank).
(c)
Except as noted in paragraph (B)(3)(d) of this rule, a
small quantity generator that accumulates or treats hazardous waste in tanks
shall inspect, where present, all of the following:
(i)
Discharge control
equipment (e.g., waste feed cutoff systems, by-pass systems, and drainage
systems) at least once each operating day, to ensure that the discharge control
equipment is in good working order.
(ii)
Data gathered
from monitoring equipment (e.g., pressure and temperature gauges) at least once
each operating day, to ensure that the tank is being operated according to the
tank's design.
(iii)
The level of waste in the tank at least once each
operating day, to ensure compliance with paragraph (B)(3)(b)(iii) of this
rule.
(iv)
The construction materials of the tank at least weekly,
to detect corrosion or leaking of fixtures or seams.
(v)
The construction
materials of, and the area immediately surrounding, discharge confinement
structures (e.g., dikes) at least weekly, to detect erosion or obvious signs of
leakage (e.g., wet spots or dead vegetation). The generator shall remedy any
deterioration or malfunction of equipment or structures which the inspection
reveals on a schedule which ensures that the problem does not lead to an
environmental or human health hazard. Where a hazard is imminent or has already
occurred, remedial action shall be taken immediately.
(d)
A small quantity
generator accumulating or treating hazardous waste in tanks or tank systems
that have full secondary containment and that either use leak detection
equipment, to alert personnel to leaks, or implement established workplace
practices to ensure leaks are promptly identified, shall inspect at least
weekly, where applicable, the areas identified in paragraph (B)(3)(c) of this
rule. Use of the alternate inspection schedule shall be documented in the
generator's operating record. This documentation shall include a description of
the established workplace practices at the generator.
(e)
[Reserved.]
(f)
A small quantity
generator accumulating or treating hazardous waste in tanks, upon closure of
the facility, shall remove all hazardous waste from tanks, discharge control
equipment, and discharge confinement structures. At closure, as throughout the
operating period, unless the small quantity generator can demonstrate, in
accordance with paragraph (C) or (D) of rule
3745-51-03 of the Administrative
Code, that any waste removed from the small quantity generator's tank is not a
hazardous waste, then the small quantity generator shall manage such waste in
accordance with all applicable provisions of Chapters 3745-52, 3745-53, 3745-65
to 3745-69, 3745-256, and 3745-270 of the Administrative Code.
(g)
A small quantity
generator shall comply with the following special conditions for accumulation
or treatment of ignitable or reactive waste:
(i)
Ignitable or
reactive waste shall not be placed in a tank, unless any of the following are
met:
(a)
The
waste is treated, rendered, or mixed before or immediately after placement in a
tank so that the resulting waste, mixture, or dissolution of material no longer
meets the definition of ignitable waste or reactive waste under rule
3745-51-21 or
3745-51-23 of the Administrative
Code, and paragraph (B) of rule
3745-65-17 of the Administrative
Code is complied with.
(b)
The waste is accumulated or treated in such a way that
the waste is protected from any material or conditions that may cause the waste
to ignite or react.
(c)
The tank is used solely for
emergencies.
(ii)
A small quantity generator which treats or accumulates
ignitable or reactive waste in covered tanks shall comply with the buffer zone
requirements for tanks contained in tables 2-1 through 2-6 of the national fire
protection association's "Flammable and Combustible Liquids
Code."
(iii)
A small quantity generator shall comply with the
following special conditions for incompatible wastes:
(a)
Incompatible
wastes, or incompatible wastes and materials (see appendix to rule
3745-66-99 of the Administrative
Code for examples), shall not be placed in the same tank unless paragraph (B)
of rule 3745-65-17 of the Administrative
Code is complied with.
(b)
Hazardous waste shall not be placed in an unwashed tank
that previously held an incompatible waste or material unless paragraph (B) of
rule 3745-65-17 of the Administrative
Code is complied with.
(4)
Accumulation or
treatment of hazardous waste on drip pads. If the waste is placed on drip pads,
the small quantity generator shall comply with all of the following:
(a)
Rules
3745-69-40 to
3745-69-45 of the Administrative
Code, except paragraph (C) of rule
3745-69-45 of the Administrative
Code.
(b)
The small quantity generator shall remove all wastes
from the drip pad at least once every ninety days. Any hazardous wastes that
are removed from the drip pad at least once every ninety days are then subject
to the one hundred eighty day accumulation or treatment limit in paragraph (B)
of this rule and rule
3745-52-15 of the Administrative
Code if hazardous wastes are being managed in satellite accumulation areas
prior to being moved to the central accumulation area.
(c)
The small
quantity generator shall maintain on-site at the facility all of the following
records readily available for inspection:
(i)
A written
description of procedures that are followed to ensure that all wastes are
removed from the drip pad and associated collection system at least once every
ninety days.
(ii)
Documentation of each waste removal, including the
quantity of waste removed from the drip pad and the sump or collection system,
and the date and time of removal.
(5)
Accumulation or
treatment of hazardous waste in containment buildings. If the waste is placed
in containment buildings, the small quantity generator shall comply with rules
3745-256-100 to
3745-256-102 of the
Administrative Code. The generator shall label the generator's containment
buildings with the words "Hazardous Waste" in a conspicuous place easily
visible to employees, visitors, emergency responders, waste handlers, or other
persons on-site, and also in a conspicuous place to provide an indication of
the hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristic (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the department of
transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with the
occupational safety and health administration hazard communication standard at
29 C.F.R.
1910.1200; or a chemical hazard label
consistent with the national fire protection association code 704]. The
generator shall also maintain all of the following:
(a)
The professional
engineer certification that the building complies with the design standards
specified in rule
3745-256-101 of the
Administrative Code. This certification shall be in the generator's files prior
to operation of the unit.
(b)
The following records by use of inventory logs,
monitoring equipment, or any other effective means:
(i)
A written
description of procedures to ensure that each waste volume remains in the unit
for no more than ninety days, a written description of the waste generation and
management practices for the facility showing that the generator is consistent
with maintaining the ninety day limit, and documentation that the procedures
are complied with.
(ii)
Documentation that the unit is emptied at least once
every ninety days.
(iii)
Inventory logs or records with the information required
in paragraph (B)(5)(b)(i) of this rule shall be maintained on-site and readily
available for inspection.
(6)
Labeling and
marking of containers and tanks.
(a)
Containers. A small quantity generator shall mark or
label the small quantity generator's containers with all of the
following:
(i)
The words "Hazardous Waste."
(ii)
An indication of
the hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristic (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the department of
transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
subpart F (placarding); a hazard statement or pictogram consistent with the
occupational safety and health administration hazard communication standard at
29 C.F.R.
1910.1200; or a chemical hazard label
consistent with the national fire protection association code
704].
(iii)
The date upon which each period of accumulation begins,
clearly visible for inspection on each container.
(b)
Tanks. A small
quantity generator accumulating or treating hazardous waste in tanks shall do
all of the following:
(i)
Mark or label the small quantity generator's tanks with
the words "Hazardous Waste."
(ii)
Mark or label
the small quantity generator's tanks with an indication of the hazards of the
contents [examples include, but are not limited to, the applicable hazardous
waste characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the department of transportation requirements at
49 C.F.R. Part 172 subpart E (labeling) or subpart F (placarding); a hazard
statement or pictogram consistent with the occupational safety and health
administration hazard communication standard at
29 C.F.R.
1910.1200; or a chemical hazard label
consistent with the national fire protection association code
704].
(iii)
Use inventory logs, monitoring equipment, or other
records to demonstrate that hazardous waste has been emptied within one hundred
eighty days after first entering the tank if using a batch process, or in the
case of a tank with a continuous flow process, demonstrate that estimated
volumes of hazardous waste entering the tank daily exit the tank within one
hundred eighty days after first entering.
(iv)
Keep inventory
logs or records with the above information on-site and readily available for
inspection.
(7)
Land disposal
restrictions. A small quantity generator shall comply with all the applicable
requirements in Chapter 3745-270 of the Administrative Code.
(8)
Preparedness and
prevention.
(a)
Maintenance and operation of facility. A small quantity
generator shall maintain and operate the small quantity generator's facility to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water, which could threaten human health or the
environment.
(b)
Required equipment. All areas where hazardous waste is
either generated or accumulated or treated shall be equipped with the items in
paragraph (B) (8)(b) of this rule (unless none of the hazards posed by waste
handled at the facility could require a particular kind of equipment specified
in this paragraph or the actual waste generation area or accumulation area does
not lend itself for safety reasons to have a particular kind of equipment
specified in this paragraph). A small quantity generator may determine the most
appropriate locations to locate equipment necessary to prepare for and respond
to emergencies.
(i)
An internal communications or alarm system capable of
providing immediate emergency instruction (voice or signal) to facility
personnel.
(ii)
A device, such as a telephone (immediately available at
the scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments, or state
or local emergency response teams.
(iii)
Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment.
(iv)
Water at
adequate volume and pressure to supply water hose streams, or foam producing
equipment, or automatic sprinklers, or water spray systems.
(c)
Testing and maintenance of equipment. All communications or
alarm systems, fire protection equipment, spill control equipment, and
decontamination equipment, where required, shall be tested and maintained as
necessary to assure proper operation in time of emergency.
(d)
Access to
communications or alarm system.
(i)
Whenever hazardous waste is being poured, mixed,
spread, or otherwise handled, all personnel involved in the operation shall
have immediate access (e.g., direct or unimpeded access) to an internal alarm
or emergency communication device, either directly or through visual or voice
contact with another employee, unless such a device is not required under
paragraph (B)(8)(b) of this rule.
(ii)
In the event
there is just one employee on the premises while the facility is operating, the
employee shall have immediate access (e.g., direct or unimpeded access) to a
device, such as a telephone (immediately available at the scene of operation)
or a handheld two-way radio, capable of summoning external emergency
assistance, unless such a device is not required under paragraph (B) (8)(b) of
this rule.
(e)
Required aisle space. The small quantity generator
shall maintain aisle space to allow the unobstructed movement of personnel,
fire protection equipment, spill control equipment, and decontamination
equipment to any area of facility operation in an emergency, unless aisle space
is not needed for any of these purposes.
(f)
Arrangements with
local authorities.
(i)
The small quantity generator shall attempt to make
arrangements with the local police department, fire department, other emergency
response teams, emergency response contractors, equipment suppliers, and local
hospitals, taking into account the types and quantities of hazardous wastes
handled at the facility. Arrangements may be made with the local emergency
planning committee, if the local emergency planning committee is determined to
be the appropriate organization with which to make arrangements.
(a)
A small quantity
generator attempting to make arrangements with the local fire department shall
determine the potential need for the services of the local police department,
other emergency response teams, emergency response contractors, equipment
suppliers, and local hospitals.
(b)
As part of this
coordination, the small quantity generator shall attempt to make arrangements,
as necessary, to familiarize the organizations listed in paragraph (B)(8)(f)(i)
of this rule with the layout of the facility, the properties of hazardous waste
handled at the facility, and associated hazards, places where facility
personnel would normally be working, entrances to roads inside the facility,
and possible evacuation routes, as well as the types of injuries or illnesses
that could result from fires, explosions, or releases at the
facility.
(c)
Where more than one police or fire department might
respond to an emergency, the small quantity generator shall attempt to make
arrangements designating primary emergency authority to a specific fire
department or police department, and arrangements with any others to provide
support to the primary emergency authority.
(ii)
A small quantity
generator shall maintain records documenting the arrangements with the local
fire department as well as any other organization necessary to respond to an
emergency. This documentation shall include documentation in the operating
record that either confirms such arrangements actively exist or, in cases where
no arrangements exist, confirms that attempts to make such arrangements were
made.
(iii)
A facility possessing twenty-four-hour response
capabilities may seek a waiver from the authority having jurisdiction over the
fire code within the facility's state or locality as far as needing to make
arrangements with the local fire department as well as any other organization
necessary to respond to an emergency, provided that the waiver is documented in
the operating record.
(9)
Emergency
procedures. The small quantity generator complies with all of the following
conditions for those areas of the generator facility where hazardous waste is
generated and accumulated:
(a)
At all times, there shall be at least one employee
either on the premises or on call (i.e., available to respond to an emergency
by reaching the facility within a short period of time) with the responsibility
to coordinate all emergency response measures specified in paragraph (B)(9)(d)
of this rule. This employee is the emergency coordinator.
(b)
The small
quantity generator shall post the following information next to telephones or
in areas directly involved in the generation and accumulation of hazardous
waste:
(i)
The
name and emergency telephone number of the emergency
coordinator.
(ii)
Location of fire extinguishers and spill control
material, and, if present, fire alarm.
(iii)
The telephone
number of the fire department, unless the facility has a direct
alarm.
(c)
The small quantity generator shall ensure that all
employees are thoroughly familiar with proper waste handling and emergency
procedures relevant to the employees' responsibilities during normal facility
operations and emergencies.
(d)
The emergency
coordinator or the emergency coordinator's designee shall respond to any
emergencies that arise. The applicable responses are as follows:
(i)
In the event of a
fire, call the fire department or attempt to extinguish the fire using a fire
extinguisher.
(ii)
In the event of a spill, the small quantity generator
is responsible for containing the flow of hazardous waste to the extent
possible, and as soon as is practicable, cleaning up the hazardous waste and
any contaminated materials or soil. Such containment and cleanup can be
conducted either by the small quantity generator or by a contractor on behalf
of the small quantity generator.
(iii)
In the event of
a fire, explosion, or other release that could threaten human health outside
the facility, or when the small quantity generator has knowledge that a spill
has reached surface water, the small quantity generator shall immediately
notify the "National Response Center" using the twenty-four-hour toll-free
number 800/424-8802. The report shall include all of the following
information:
(a)
The name, address, and U.S. EPA identification number of the
small quantity generator.
(b)
Date, time, and type of incident (e.g., spill or
fire).
(c)
Quantity and type of hazardous waste involved in the
incident.
(d)
Extent of injuries, if any.
(e)
Estimated
quantity and disposition of recovered materials, if any.
(C)
Transporting over two hundred miles. A small quantity
generator who must transport the small quantity generator's waste, or offers
the small quantity generator's waste for transportation, over a distance of two
hundred miles or more for off-site treatment, storage, or disposal may
accumulate hazardous waste on-site for two hundred seventy days or less without
a permit or without having permit by rule provided that the generator complies
with the conditions of paragraph (B) of this rule.
(D)
Accumulation time
limit extension. A small quantity generator who accumulates hazardous waste for
more than one hundred eighty days (or for more than two hundred seventy days if
the small quantity generator must transport the small quantity generator's
waste, or offer the small quantity generator's waste for transportation, over a
distance of two hundred miles or more) is subject to rules
3745-50-40 to
3745-50-235 and Chapters 3745-54
to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-270 of the
Administrative Code unless the small quantity generator has been granted an
extension to the one hundred eighty-day (or two hundred seventy-day if
applicable) period. Such extension may be granted by Ohio EPA if hazardous
wastes shall remain on-site for longer than one hundred eighty days (or two
hundred seventy days if applicable) due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to thirty days may be granted
at the discretion of the director on a case-by-case basis.
(E)
Rejected load. A
small quantity generator who sends a shipment of hazardous waste to a
designated facility with the understanding that the designated facility can
accept and manage the waste and later receives that shipment back as a rejected
load or residue in accordance with the manifest discrepancy provisions of rule
3745-54-72 or
3745-65-72 of the Administrative
Code may accumulate the returned waste on-site in accordance with paragraphs
(A) to (D) of this rule. Upon receipt of the returned shipment, the generator
shall perform either of the following:
(1)
Sign item 18c of
the manifest, if the transporter returned the shipment using the original
manifest.
(2)
Sign item 20 of the manifest, if the transporter
returned the shipment using a new manifest.
(F)
A small quantity
generator experiencing an episodic event may accumulate hazardous waste in
accordance with rules
3745-52-230 to
3745-52-233 of the
Administrative Code in lieu of rule
3745-52-17 of the Administrative
Code.
Replaces: 3745-52-34 rescinded, 3745-66-101 rescinded
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 09/22/1986, 12/08/1988, 12/30/1989, 04/01/1990, 02/11/1992, 02/14/1995, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 10/31/2015, 03/24/2017
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