Ohio Administrative Code|Rule 3745-50-45 | Special inclusions and exclusions for hazardous waste permits.

                                                
(A) Scope of hazardous waste permit
		  requirements. Chapter 3734. of the Revised Code requires a permit for the
		  "treatment," "storage," or "disposal" of any
		  hazardous waste as identified or listed in Chapter 3745-51 of the
		  Administrative Code. The terms "treatment," "storage,"
		  "disposal," and "hazardous waste" are defined in rule
		  3745-50-10 of the Administrative Code. Owners and operators of hazardous waste
		  management units shall have permits during the active life (including the
		  closure period) of the unit. Owners or operators of surface impoundments,
		  landfills, land treatment units, and waste pile units that received wastes
		  after July 26, 1982, or that certified closure (according to rule 3745-66-15 of
		  the Administrative Code) after January 26, 1983, shall have post-closure
		  permits, unless the owner or operator demonstrates closure by removal or
		  decontamination as provided under paragraphs (E) and (F) of this rule or obtain
		  an enforceable document in lieu of a post-closure permit, as provided under
		  paragraph (G) of this rule. If a post-closure permit is required, the permit
		  shall address applicable ground water monitoring, unsaturated zone monitoring,
		  corrective action, and post-closure care requirements under Chapters 3745-54 to
		  3745-57 and 3745-205 of the Administrative Code. The denial of a permit for the
		  active life of a hazardous waste management facility or unit does not affect
		  the requirement to obtain a post-closure permit under this rule.
(B) Specific inclusions. Owners and
		  operators of certain facilities require hazardous waste permits as well as
		  permits under other environmental programs for certain aspects of the
		  facility's operation. Hazardous waste permits are required for the
		  treatment, storage, or disposal of hazardous waste at facilities requiring an
		  Ohio national pollutant discharge elimination system permit or an Ohio
		  underground injection control permit. The owner and operator of a publicly
		  owned treatment work (POTW) receiving hazardous waste will be deemed to have a
		  hazardous waste permit for that waste if the POTW is in compliance with rule
		  3745-50-46 of the Administrative Code.
(C) Specific exclusions and exemptions.
		  The following persons are among those who are not required to obtain a
		  hazardous waste permit:
(1) Generators who
			 accumulate or conduct treatment of hazardous waste that is generated on-site in
			 compliance with all of the conditions for exemption in rules 3745-52-14,
			 3745-52-15, 3745-52-16, and 3745-52-17 of the Administrative Code.
(2) Farmers who dispose
			 of hazardous waste pesticides from the farmers' own use as provided for in
			 rule 3745-52-70 of the Administrative Code.
(3) Persons who own or
			 operate facilities solely for the treatment, storage, or disposal of hazardous
			 waste excluded from regulation under rule 3745-51-04 or 3745-52-14 of the
			 Administrative Code.
(4) Owners or operators
			 of "totally enclosed treatment facilities" as defined in rule
			 3745-50-10 of the Administrative Code.
(5) Owners and operators
			 of "elementary neutralization units" or "wastewater treatment
			 units" as defined in rule 3745-50-10 of the Administrative
			 Code.
(6) Transporters storing
			 manifested shipments of hazardous waste in containers meeting the requirements
			 of rule 3745-52-30 of the Administrative Code at a transfer facility for a
			 period of ten days or less.
(7) Persons adding
			 sorbent material to waste in a "container" as defined in rule
			 3745-50-10 of the Administrative Code, and persons adding waste to sorbent
			 material in a container, provided that these actions occur at the time waste is
			 first placed in the container, and paragraph (B) of rule 3745-54-17 and rules
			 3745-55-71 and 3745-55-72 of the Administrative Code are complied
			 with.
(8) "Universal waste
			 handlers" and "universal waste transporters" as defined in rule
			 3745-50-10 of the Administrative Code managing the wastes listed in paragraphs
			 (C)(8)(a) to (C)(8)(c) of this rule. These handlers are subject to regulation
			 under Chapter 3745-273 of the Administrative Code when managing 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) Ohio-specific universal waste, which include the
				following:
(i) Aerosol containers as
				  described in paragraph (A) of rule 3745-273-89 of the Administrative
				  Code.
(ii) Antifreeze as
				  described in paragraph (B) of rule 3745-273-89 of the Administrative
				  Code.
(iii) Paint and
				  paint-related wastes as described in paragraph (C) of rule 3745-273-89 of the
				  Administrative Code.
(9) 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
			 for the accumulation of potentially creditable hazardous waste pharmaceuticals
			 and evaluated hazardous waste pharmaceuticals.
(D) Further exclusions.
(1) A person is not
			 required to obtain a hazardous waste permit for treatment or containment
			 activities taken during immediate response to any of the following
			 situations:
(a) A discharge of a hazardous waste.
(b) An imminent and substantial threat of a discharge of
				hazardous waste.
(c) A discharge of a material which, when discharged, becomes a
				hazardous waste.
(d) 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
				"explosive or munitions emergency response specialist" as defined in
				rule 3745-50-10 of the Administrative Code.
(2) Any person who
			 continues or initiates hazardous waste treatment or containment activities
			 after the immediate response is over is subject to all applicable requirements
			 of rules 3745-50-40 to 3745-50-235 of the Administrative Code for those
			 activities.
(3) In the case of
			 emergency responses involving military munitions, the responding explosives or
			 munitions 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.
(E) Closure by removal. Owners or
		  operators of surface impoundments, land treatment units, and waste piles
		  closing by removal or decontamination under Chapters 3745-65 to 3745-69 and
		  3745-256 of the Administrative Code shall obtain a post-closure permit unless
		  the owner or operator demonstrates to the director that the closure met the
		  standards for closure by removal or decontamination in rule 3745-56-28,
		  paragraph (E) of rule 3745-56-80, or rule 3745-56-58 of the Administrative
		  Code. The demonstration may be made in the following ways:
(1) If the owner or
			 operator has submitted a "Part B" application for a post-closure
			 permit, the owner or operator may request a determination, based on information
			 in the application, that the closure by removal standards in Chapters 3745-54
			 to 3745-57 and 3745-205 of the Administrative Code were met and that no
			 post-closure permit is required.
(2) If the owner or
			 operator has not submitted a "Part B" application for a post-closure
			 permit, the owner or operator may petition the director for a determination
			 that a post-closure permit is not required because the closure met the
			 applicable closure standards in Chapters 3745-54 to 3745-57 and 3745-205 of the
			 Administrative Code. The petition shall include data demonstrating that closure
			 by removal or decontamination standards were met, or the petition shall
			 demonstrate that the unit closed under state requirements that met or exceeded
			 the applicable closure by removal standards in Chapters 3745-54 to 3745-57 and
			 3745-205 of the Administrative Code.
(3) The director will
			 approve or deny the request or petition in accordance with paragraph (F) of
			 this rule.
(F) Procedures for closure equivalency
		  determination.
(1) If a facility owner
			 or operator submits an equivalency demonstration under paragraph (E) of this
			 rule, the director will provide the public, through a newspaper notice, the
			 opportunity to submit written comments, within thirty days after the date of
			 the notice, on the information submitted by the owner or operator. The director
			 will also, in response to a request or at the director's own discretion,
			 hold a public hearing when such a hearing might clarify one or more issues
			 concerning the equivalency demonstration. The director will give public notice
			 of the hearing at least thirty days before the hearing occurs. Public notice of
			 the hearing may be given at the same time as notice of the opportunity for the
			 public to submit written comments, and the two notices may be
			 combined.
(2) The director will
			 make a determination, within ninety days after the close of the public comment
			 period specified in paragraph (F)(1) of this rule, as to whether the closure
			 under Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code met
			 the requirements for closure by removal or decontamination under Chapters
			 3745-54 to 3745-57 and 3745-205 of the Administrative Code. If the director
			 finds that the closure did not meet the applicable standards under Chapters
			 3745-54 to 3745-57 and 3745-205 of the Administrative Code, the director will
			 provide the owner or operator with a written statement of the reasons why the
			 closure failed to meet the standards under Chapters 3745-54 to 3745-57 and
			 3745-205 of the Administrative Code.
(3) Within thirty days
			 after receipt of the director's determination pursuant to paragraph (F)(2)
			 of this rule, the owner or operator may submit additional information in
			 support of the equivalency demonstration.
(4) If additional
			 information is submitted by the owner or operator pursuant to paragraph (F)(3)
			 of this rule, the director will review the additional information submitted
			 and, within sixty days after receipt of the additional information, will make a
			 final determination as to whether the closure under Chapters 3745-65 to 3745-69
			 and 3745-256 of the Administrative Code met the requirements for closure by
			 removal or decontamination under Chapters 3745-54 to 3745-57 and 3745-205 of
			 the Administrative Code.
(5) If the director
			 determines that the facility did not close in accordance with the closure by
			 removal standards in Chapters 3745-54 to 3745-57 and 3745-205 of the
			 Administrative Code, the facility is subject to post-closure permitting
			 requirements.
(G) Enforceable documents for
		  post-closure care. At the discretion of the director, an owner or operator may
		  obtain, in lieu of a post-closure permit, an enforceable document imposing the
		  requirements of rule 3745-66-21 of the Administrative Code. "Enforceable
		  document" means an order, a plan, or other document issued by Ohio EPA
		  including, but not limited to, a corrective action order issued by Ohio EPA
		  under sections 3734.13, 3734.20, and 6111.03 of the Revised Code, or a closure
		  or post-closure plan.