(A) The purpose of Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code is to establish minimum
standards that define the acceptable management of hazardous waste during the
period of a permit by rule pursuant to paragraph (C) of rule
3745-50-40 of the Administrative
Code until certification of final closure or, if the facility is subject to
post-closure requirements, until post-closure responsibilities are
fulfilled.
(B)
Except as provided in paragraph (B) of rule
3745-256-80 of the
Administrative Code, the standards of Chapters 3745-65 to 3745-69 and
3745-256
, and
of
rules
3745-57-70 to 3745-57-75
3745-57-72, 3745-57-73, and 3745-57-74 of the
Administrative Code
, apply to:
(1) Owners and operators of facilities that
treat, store, or dispose of hazardous waste and are subject to the permit
requirements under rules
3745-50-40 to
3745-50-235 of the
Administrative Code, until final administrative disposition of the permit
application is made pursuant to the "Part B" permit requirements. These
standards apply to all treatment, storage, and disposal of hazardous waste at
these facilities, except as specifically provided otherwise in Chapter 3745-51
of the Administrative Code.
(2)
Owners and operators of facilities who have fully complied with the
requirements of paragraph (C) of rule
3745-50-40 of the Administrative
Code until final administrative disposition of the permit application is made
pursuant to the "Part B" permit requirements. These standards apply to all
treatment, storage and disposal of hazardous waste at these facilities, except
as specifically provided otherwise in Chapter 3745-51 of the Administrative
Code.
(C) Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code do not apply to:
(1) [Reserved.]
(2) [Reserved.]
(3) The owner or operator of a publicly owned
treatment works (POTW) which treats, stores, or disposes of hazardous waste.
[Comment: The owner or operator of a facility in paragraphs
(C)(1) to (C)(3) of this rule is subject to Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code to the extent such rules are included in a
permit by rule granted to such a person under rule
3745-50-46 of the Administrative
Code.]
(4)
[Reserved.]
(5)
[Reserved.]
(6) The owner or
operator of a facility managing recyclable materials described in paragraphs
(A)(2), (A)(3), and (A)(4) of rule
3745-51-06 of the Administrative
Code (except to the extent the recyclable materials are referred to in Chapter
3745-279 or rules
3745-266-20 to
3745-266-23,
3745-266-70,
3745-266-80, or
3745-266-100 to
3745-266-112 of the
Administrative Code).
(7) A
generator accumulating hazardous waste on-site in compliance with applicable
conditions for exemption in rules
3745-52-14 to
3745-52-17,
3745-52-200 to
3745-52-216, and
3745-52-230 to
3745-52-233 of the
Administrative Code, except to the extent the requirements of Chapters
3745-65 to
3745-69 and
3745-256 of the Administrative
Code are included in rules
3745-52-14 to
3745-52-17,
3745-52-200 to
3745-52-216, and
3745-52-230 to
3745-52-233 of the
Administrative Code.
(8) A farmer
disposing of waste pesticides from the farmer's own use in compliance with rule
3745-52-70 of the Administrative
Code.
(9) The owner or operator of
a "totally enclosed treatment facility," as defined in rule
3745-50-10 of the Administrative
Code.
(10) The owner or operator of
an "elementary neutralization unit" or a "wastewater treatment unit," as
defined in rule
3745-50-10 of the Administrative
Code, provided that if the owner or operator is diluting hazardous ignitable
waste (D001) [other than the D001 high total organic carbon (TOC) subcategory
defined in rule
3745-270-40 of the
Administrative Code in the table of treatment standards for hazardous waste],
or reactive waste (D003), to remove the characteristic before land disposal,
the owner or operator shall comply with paragraph (B) of rule
3745-65-17 of the Administrative
Code.
(11)
(a) Except as provided in paragraph
(C)(11)(b) of this rule, a person engaged in treatment or containment
activities during the immediate response to any of the following situations:
(i) A discharge of a hazardous
waste;
(ii) An imminent and
substantial threat of a discharge of a hazardous waste;
(iii) A discharge of a material which, when
discharged, becomes a hazardous waste; or
(iv)
An immediate threat to human health, public safety, property, or the
environment, from the known or suspected presence of military munitions, other
explosive material, or an explosive device, as determined by an "explosives or
munitions emergency response specialist" as defined in rule
3745-50-10 of the Administrative
Code.
(b) An owner or
operator of a facility otherwise regulated by Chapters 3745-65 to 3745-69 and
3745-256 of the Administrative Code shall comply with all applicable
requirements of rules
3745-65-30 to
3745-65-37 and
3745-65-50 to
3745-65-56 of the Administrative
Code.
(c) Any person who is covered
by paragraph (C)(11)(a) of this rule and who continues or initiates hazardous
waste treatment or containment activities after the immediate response is over
is subject to all applicable requirements of Chapters 3745-50, 3745-65 to
3745-69, and 3745-256 of the Administrative Code and
40 CFR Part
122, Part
123, and Part
124 for those
activities.
(d) In the case of an
explosives or munitions emergency response, if a federal, state, or local
official acting within the scope of official responsibilities of that official,
or an explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have a U.S. EPA identification
number and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military emergency response
specialist's organizational unit shall retain records for three years
identifying the dates of the response, the names of the responsible persons
responding, the type and description of material addressed, and the disposition
of such material.
(12) A
transporter storing manifested shipments of hazardous waste in containers that
comply with rule
3745-52-30 of the Administrative
Code at a transfer facility for a period of ten days or less.
(13) The addition of sorbent material to
waste in a "container," as defined in rule
3745-50-10 of the Administrative
Code, or the addition of waste to the sorbent material in a container provided
that these actions occur at the time waste is first placed in the containers,
and rules
3745-66-71 and
3745-66-72 and paragraph (B) of
rule
3745-65-17 of the Administrative
Code are complied with.
(14)
"Universal waste handlers" and "universal waste transporters," as defined in
rule
3745-50-10 of the Administrative
Code, handling the wastes listed in this paragraph. These handlers and
transporters are subject to regulation under Chapter
3745-273 of the Administrative
Code when handling the following universal wastes:
(a) Batteries as described in rule
3745-273-02 of the
Administrative Code;
(b) Pesticides
as described in rule
3745-273-03 of the
Administrative Code;
(c)
Mercury-containing equipment as described in rule
3745-273-04 of the
Administrative Code;
(d) Lamps as
described in rule
3745-273-05 of the
Administrative Code;
(e) Aerosol
cans as described in rule
3745-273-06 of the
Administrative Code; and
(f)
Ohio-specific universal wastes, which include:
(i) Antifreeze as described in rule
3745-273-89 of the
Administrative Code; and
(ii) Paint
and paint-related wastes as described in rule
3745-273-89 of the
Administrative Code.
(15) [Reserved.]
(16) Reverse distributors accumulating
"potentially creditable hazardous waste pharmaceuticals" and "evaluated
hazardous waste pharmaceuticals" as defined in rule
3745-266-500 of the
Administrative Code. Reverse distributors are subject to regulation under rules
3745-266-500 to
3745-266-510 of the
Administrative Code in lieu of Chapters
3745-65 to
3745-69 and
3745-256 of the Administrative
Code for the accumulation of potentially creditable hazardous waste
pharmaceuticals and evaluated hazardous waste pharmaceuticals.
(D) Hazardous waste having EPA
hazardous waste number F020, F021, F022, F023, F026, or F027 shall not be
managed at facilities subject to regulation under Chapters 3745-65 to 3745-69
and 3745-256 of the Administrative Code unless:
(1) The wastewater treatment sludge is
generated in a surface impoundment as part of the plant's wastewater treatment
system;
(2) The waste is stored in
tanks or containers;
(3) The waste
is stored or treated in waste piles that comply with paragraph (C) of rule
3745-56-50 of the Administrative
Code as well as all other applicable requirements of rules
3745-67-50 to
3745-67-60 of the Administrative
Code;
(4) The waste is burned in
incinerators that are certified pursuant to the standards in rule
3745-68-52 of the Administrative
Code; or
(5) The waste is burned in
facilities that thermally treat the waste in a device other than an incinerator
and that are certified pursuant to the standards and procedures in rule
3745-68-83 of the Administrative
Code.
(E) Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code apply to
the owners or operators of all facilities
which treat, store, or dispose of hazardous waste referred to in Chapter
3745-270 of the Administrative Code, and the standards in Chapter 3745-270 of
the Administrative Code are considered material conditions or requirements
in
of
Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code.
(F) Rule
3745-266-205 of the
Administrative Code identifies when
the requirements
of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code
apply to the storage of military munitions classified as waste under rule
3745-266-202 of the
Administrative Code. The treatment and disposal of hazardous waste military
munitions are subject to the applicable permitting, procedural, and technical
standards in Chapters
3745-50,
3745-51,
3745-52,
3745-53,
3745-54 to
3745-57,
3745-65 to
3745-69,
3745-205,
3745-256,
3745-266, and
3745-270 of the Administrative
Code.
[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."]
Notes
Ohio Admin. Code 3745-65-01
Effective:
6/12/2023
Five Year Review (FYR) Dates:
3/27/2023 and
03/26/2028
Promulgated
Under: 119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 04/15/1981, 01/07/1983, 11/29/1983, 05/29/1985 (Emer.),
08/29/1985, 01/30/1986, 11/17/1988 (Emer.), 02/23/1989, 12/30/1989, 04/01/1990,
08/03/1990, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002,
12/07/2004, 02/16/2009, 09/05/2010, 10/31/2015, 12/21/2017, 10/05/2020,
10/23/2022