(A)
For temporary tanks and container storage areas used to treat or store
hazardous remediation wastes during remedial activities required under rule
3745-54-101 of the
Administrative Code, section
3734.20 of the Revised Code, or
RCRA section
Section
3008(h)
of RCRA, or at a permitted
facility that is not subject to rule
3745-54-101 of the
Administrative Code, the director may designate a unit at the facility as a
temporary unit. A temporary unit
must
shall be located within the contiguous property under
the control of the
owner/operator
owner or operator where the wastes to be managed in
the temporary unit originated. For temporary units, the director may replace
the design, operating, or closure standard applicable to these units under
Chapters 3745-54 to 3745-57 and 3745-205
,
or 3745-65 to 3745-69 and 3745-256 of the Administrative Code with alternate
requirements which protect human health and the environment.
.
(B) Any temporary unit to which alternative
requirements are applied in accordance with paragraph (A) of this rule
must
shall be:
(1) Located within the facility boundary;
and
(2) Used only for treatment or
storage of remediation wastes.
(C) In establishing standards to be applied
to a temporary unit, the director
will
shall consider the following factors:
(1) Length of time such unit will be in
operation;
(2) Type of
unit;
(3) Volumes of wastes to be
managed;
(4) Physical and chemical
characteristics of the wastes to be managed in the unit;
(5) Potential for releases from the
unit;
(6) Hydrogeological and other
relevant environmental conditions at the facility which may influence the
migration of any potential releases; and
(7) Potential for exposure of humans and
environmental receptors if releases from the unit
were to occur from the unit.
(D) The director
will
shall
specify in the permit or order the length of time a temporary unit will be
allowed to operate, to be no longer than a period
of one year. The director will also
shall specify the design, operating, and closure
requirements for the unit.
(E) The
director may extend the operational period of a temporary unit once for no
longer than a period of one year beyond that originally specified in the permit
or order, if the director determines that:
(1)
Continued operation of the unit will not pose a threat to human health and the
environment; and
(2) Continued
operation of the unit is necessary to ensure timely and efficient
implementation of remedial actions at the facility.
(F) Incorporation of a temporary unit or a
time extension for a temporary unit into an existing permit
must
shall be:
(1) Approved in accordance with the
procedures for
agency-initiated
Ohio EPA-initiated permit modifications in rule
3745-50-51 of the Administrative
Code; or
(2) Requested by the
owner/operator
owner
or operator as a
" Class 2
" modification according to the procedures in rule
3745-50-51 of the Administrative
Code.
(G) The director
will
shall
document the rationale for designating a temporary unit and for granting time
extensions for temporary units, and
will
shall make such
documentation available to the public.
[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."]
[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."]
