(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 3008(h), 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 be located within the contiguous
property under the control of the owner/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 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
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 were to occur from the unit.
(D) The director will specify in
the permit or order the length of time a temporary unit will be allowed to
operate, to be no longer than one year. The director will also 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 be:
(1) Approved in
accordance with the procedures for agency-initiated permit modifications in
rule
3745-50-51
of the Administrative Code; or
(2)
Requested by the owner/operator as a Class 2 modification according to the
procedures in rule
3745-50-51
of the Administrative Code.
(G) The director will document the rationale
for designating a temporary unit and for granting time extensions for temporary
units, and will 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."]
