reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-256 - Containment Buildings, Military Munitions › Section 3745-256-202 - Closure and post-closure care of military munitions

Current through all regulations passed and filed through July 1, 2024
(A) At closure of a magazine or unit which
			 stored hazardous waste under rules
			 3745-256-200
			 to 3745-256-202 of the Administrative Code, the owner or operator must remove
			 or decontaminate all waste residues, contaminated containment system
			 components, contaminated subsoils, and structures and equipment contaminated
			 with waste, and manage them as hazardous waste unless paragraph (D) of rule
			 3745-51-03
			 of the Administrative Code applies. The closure plan, closure activities, cost
			 estimates for closure, and financial responsibility for magazines or units must
			 meet all of the requirements specified in rules
			 3745-66-10
			 to
			 3745-66-21
			 and
			 3745-66-40
			 to
			 3745-66-48
			 of the Administrative Code, except that the owner or operator may defer closure
			 of the unit as long as it remains in service as a munitions or explosives
			 magazine or storage unit.
(B) If,
			 after removing or decontaminating all residues and making all reasonable
			 efforts to effect removal or decontamination of contaminated components,
			 subsoils, structures, and equipment as required in paragraph (A) of this rule,
			 the owner or operator finds that not all contaminated subsoils can be
			 practicably removed or decontaminated, he must close the facility and perform
			 post-closure care in accordance with the closure and post-closure requirements
			 that apply to landfills (see rule
			 3745-68-10
			 of the Administrative Code).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-20 - Applicability- recyclable materials used in a manner that constitutes disposal

Current through all regulations passed and filed through July 1, 2024
(A) Rules
			 3745-266-20 to
			 3745-266-23
			 of the Administrative Code apply to recyclable materials that are applied to or
			 placed on the land:
(1) Without mixing with
			 any other substances; or
(2) After mixing or combination with any
			 other substances. These materials will be referred to throughout
			 rules 3745-266-20 to
			 3745-266-23
			 of the Administrative Code as "materials used in a manner that constitutes
			 disposal."
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-21 - Standards applicable to generators and transporters of materials used in a manner that constitutes disposal

Current through all regulations passed and filed through July 1, 2024
Generators and transporters of materials used in a manner that
				constitutes disposal are subject to the applicable requirements of Chapters
				3745-52 and 3745-53 of the Administrative Code and the requirement to notify
				Ohio EPA or U.S. EPA of regulated waste activity.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-22 - Standards for storers who are not the ultimate users of materials that are used in a manner that constitutes disposal

Current through all regulations passed and filed through July 1, 2024
Owners or operators of facilities that store recyclable
				materials that are to be used in a manner that constitutes disposal, but who
				are not the ultimate users of the materials, are regulated under all applicable
				provisions of Chapters 3745-50, 3745-54, 3745-55,
				3745-65, and 3745-66, and rules  3745-56-20 to 
								3745-56-32, 3745-56-50 to 3745-56-59, 3745-67-20 to
				
								3745-67-31, and 3745-67-50 to 3745-67-60 of the
				Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of
				regulated waste activity.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-23 - Standards for users of materials that are used in a manner that constitutes disposal

Current through all regulations passed and filed through July 1, 2024
(A)
			 Owners or operators of facilities that use recyclable materials in a manner
			 that constitutes disposal are regulated under all applicable provisions of
			 Chapters 3745-54, 3745-55, 3745-56, 3745-65, 3745-66, 3745-67, and 3745-270,
			 and rules
			 3745-50-39,
			 3745-50-40
			 to
			 3745-50-235,
			 3745-57-02
			 to
			 3745-57-17,
			 and
			 3745-68-01
			 to
			 3745-68-16
			 of the Administrative Code, 40 CFR Part 124 , and the requirement to notify
			 Ohio EPA or U.S. EPA of regulated waste activity. [These requirements do not
			 apply to products which contain these recyclable materials under the provisions
			 of paragraph (B) of rule
			 3745-266-20
			 of the Administrative Code.]
(B)
			 The use of waste or used oil or other material which is contaminated with
			 dioxin or any other hazardous waste (other than a waste identified solely on
			 the basis of ignitability) for dust suppression or road treatment is
			 prohibited.
[Comment: See rules
				3745-279-80
				to
				3745-279-82
				of the Administrative Code for requirements regarding used oil used for dust
				suppression.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-70 - Applicability and requirements- recyclable materials utilized for precious metal recovery

Current through all regulations passed and filed through July 1, 2024
(A)
			 This rule applies to recyclable materials that are reclaimed to recover
			 economically significant amounts of gold, silver, platinum, palladium, iridium,
			 osmium, rhodium, ruthenium, or any combination of these.
(B) Persons who generate, transport, or store
			 recyclable materials that are regulated under this rule are subject to the
			 following:
(1) The requirement to notify Ohio
			 EPA or U.S. EPA of regulated waste activity.
(2) Rules
			 3745-52-20
			 to
			 3745-52-27
			 of the Administrative Code (for generators), rules
			 3745-53-20
			 and
			 3745-53-21
			 of the Administrative Code (for transporters), and rules
			 3745-65-71
			 and
			 3745-65-72
			 of the Administrative Code (for persons who store).
(3) For precious metals exported to or
			 imported from other countries for recovery, 40 C.F.R. Part 262
			 subpart H and  rule
			 3745-65-12 of
			 the Administrative Code.
[Comment: The exercise of foreign relations and international
				commerce powers is reserved to the federal government under the Constitution.
				These responsibilities are not delegable to the states. Therefore, the
				importation and exportation of hazardous waste into and out of the United
				States is solely regulated by the federal government.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-101 - Management prior to burning

Current through all regulations passed and filed through July 1, 2024
(A)
								 Generators of hazardous waste that is
			 burned in a boiler or industrial furnace are subject to regulation under
			 Chapter 3745-52 of the Administrative Code.
(B)
								 Transporters of hazardous waste that
			 is burned in a boiler or industrial furnace are subject to regulation under
			 Chapter 3745-53 of the Administrative Code.
(C) Storage and treatment facilities:
(1) Owners and operators of facilities that
			 store or treat hazardous waste that is burned in a boiler or industrial furnace
			 are subject to the applicable provisions of Chapters 3745-54 to 3745-57,
			 3745-65 to 3745-69, 3745-205, 3745-256, and rules
			 3745-50-40
			 to
			 3745-50-235
			 of the Administrative Code, except as provided by paragraph (C)(2) of this
			 rule. These standards apply to storage and treatment by the burner as well as
			 to storage and treatment facilities operated by intermediaries (processors,
			 blenders, distributors, etc.) between the generator and the burner.
(2) Owners and operators of facilities that
			 burn, in an on-site boiler or industrial furnace exempt from regulation under
			 the small quantity burner provisions of rule
			 3745-266-108
			 of the Administrative Code, hazardous waste that such owners and operators
			 generate are exempt from the requirements of Chapters 3745-54 to 3745-57,
			 3745-65 to 3745-69, 3745-205, 3745-256, and rules
			 3745-50-40
			 to
			 3745-50-235
			 of the Administrative Code that are applicable to storage units for those
			 storage units that store mixtures of hazardous waste and the primary fuel to
			 the boiler or industrial furnace in tanks that feed the fuel mixture directly
			 to the burner. Storage of hazardous waste prior to mixing with the primary fuel
			 is subject to regulation as prescribed in paragraph (C)(1) of this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-102 - Permit standards for burners

Current through all regulations passed and filed through July 1, 2024
(A) Applicability.
(1) General. Owners and operators of boilers
			 and industrial furnaces burning hazardous waste and not operating under permit
			 by rule shall comply with this rule, rule
			 3745-50-66, and paragraph (C)(9)
			 of rule 3745-50-44 of the Administrative
			 Code, unless exempt under the small quantity burner exemption of rule
			 3745-266-108 of the
			 Administrative Code.
(2)
			 Applicability of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative
			 Code. Owners and operators of boilers and industrial furnaces that burn
			 hazardous waste are subject to the following provisions, except as provided
			 otherwise by rules
			 3745-266-100 to
			 3745-266-112 of the
			 Administrative Code:
(a) [Reserved;]
(b) Rules
			 3745-54-11 to
			 3745-54-18 of the Administrative
			 Code (general facility standards);
(c)
			 Rules 3745-54-31 to
			 3745-54-37 of the Administrative
			 Code (preparedness and prevention);
(d)
			 Rules 3745-54-51 to
			 3745-54-56 of the Administrative
			 Code (contingency plan and emergency procedures);
(e) The applicable provisions of rules
			 3745-54-71 to
			 3745-54-77 of the Administrative
			 Code (manifest system, recordkeeping, and reporting);
(f) Rules
			 3745-54-90 and
			 3745-54-101 of the
			 Administrative Code (releases from waste management units);
(g) Rules
			 3745-55-11 to
			 3745-55-15 of the Administrative
			 Code (closure and post-closure);
(h)
			 Rules 3745-55-41,
			 3745-55-42,
			 3745-55-43, and
			 3745-55-47 to
			 3745-55-51 of the Administrative
			 Code, except that states and the federal government are exempt from rules
			 3745-55-40 to
			 3745-55-51 of the Administrative
			 Code (financial requirements); and
(i)
										
										Rules
			 3745-205-50 to
			 3745-205-65 of the
			 Administrative Code, except for paragraph (A) of rule
			 3745-205-50 of the
			 Administrative Code (air emission standards for equipment
			 leaks).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-103 - Interim standards for burners

Current through all regulations passed and filed through July 1, 2024
(A) Purpose, scope, and applicability.
(1) General.
(a) The purpose of this rule is to establish
			 minimum standards for owners and operators of "existing" boilers and industrial
			 furnaces that burn hazardous waste where such standards define the acceptable
			 management of hazardous waste until final administrative disposition of the
			 owner's or operator's permit application is made pursuant to section
			 3734.05 of the Revised Code. The
			 standards of this rule apply to owners and operators of existing facilities
			 until either a permit is issued under paragraph (D) of
			 rule 3745-266-102 of the
			 Administrative Code, or until closure
			 responsibilities identified in this rule are
			 fulfilled. However, when the owner and operator of an existing boiler or
			 industrial furnace that burns hazardous waste has obtained interim status or
			 received a permit from U.S. EPA, the director may apply this rule on a
			 case-by-case basis.
(b) "Existing"
			 or "in existence" means a boiler or industrial furnace that on or before
			 December 7, 2004, or the effective date of any new, amended, or rescinded rule
			 or statute that renders the owner or operator of the boiler or industrial
			 furnace subject to this rule, was either in operation burning or processing
			 hazardous waste or for which construction (including the ancillary facilities
			 to burn or to process the hazardous waste) had commenced. A facility has
			 commenced construction if the owner or operator has obtained the federal,
			 state, and local approvals or permits necessary to begin physical
			 construction; and either:
(i) A
			 continuous on-site, physical construction program has begun; or
(ii) The owner or operator has entered into
			 contractual obligations-which cannot be canceled or modified without
			 substantial loss-for physical construction of the facility to be completed
			 within a reasonable time.
(c) If a boiler or industrial furnace is
			 located at a facility that already has a permit or permit by rule, the owner or
			 operator of the facility shall comply with the applicable requirements for
			 permit modifications in rule
			 3745-50-51 of the Administrative
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-105 - Standards to control particulate matter

Current through all regulations passed and filed through July 1, 2024
(A) A boiler or industrial furnace burning
			 hazardous waste may not emit particulate matter in excess of one hundred eighty
			 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic
			 foot) after correction to a stack gas concentration of seven per cent oxygen,
			 using procedures prescribed in 40 CFR Part 60 , appendix A, methods 1 to 5, and
			 the appendix to rule
			 3745-266-103
			 of the Administrative Code.
(B) An
			 owner or operator in compliance with paragraph (B) of rule
			 3745-266-109
			 of the Administrative Code for the low risk waste exemption is exempt from the
			 particulate matter standard.
(C)
			 Oxygen correction.
(1) Measured pollutant
			 levels shall be corrected for the amount of oxygen in the stack gas according
			 to the formula:
Pc = Pm x 14 / (E - Y)
where:
Pc is the corrected concentration of the pollutant in the stack
				gas.
Pm is the measured concentration of the pollutant in the stack
				gas.
E is the oxygen concentration on a dry basis in the combustion
				air fed to the device.
Y is the measured oxygen concentration on a dry basis in the
				stack.
(2) For devices that
			 feed normal combustion air, E equals twenty-one per cent. For
			 devices that feed oxygen-enriched air for combustion (that is, air with an
			 oxygen concentration exceeding twenty-one per cent), the value of E
			 is the
			 concentration of oxygen in the enriched air.
(3) Compliance with all emission standards
			 provided by rules
			 3745-266-100
			 to
			 3745-266-112
			 of the Administrative Code shall be based on correcting to seven per cent
			 oxygen using this procedure.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-106 - Standards to control metals emissions

Current through all regulations passed and filed through July 1, 2024
(A) General. The owner or operator shall
			 comply with the metals standards provided by paragraph (B), (C), (D), (E), or
			 (F) of this rule for each metal listed in paragraph (B) of this rule that is
			 present in the hazardous waste at detectable levels by using
			  analytical procedures
			 specified in "Test Methods for Evaluating Solid Waste,
			 Physical/Chemical Methods" (SW-846).
(B) "Tier I" feed rate screening limits. Feed
			 rate screening limits for metals are specified in appendix B to this rule as a
			 function of terrain-adjusted effective stack height and terrain and land use in
			 the vicinity of the facility. Criteria for facilities that are not eligible to
			 comply with the screening limits are provided in paragraph (B)(7) of this rule.
			 "Tier I" feed rate screening limits are :
(1) Noncarcinogenic
			 metals. The feed rates of antimony, barium, lead, mercury, thallium, and silver
			 in all feedstreams, including hazardous waste, fuels, and industrial furnace
			 feedstocks shall not exceed the screening limits specified in appendix B to
			 this rule.
(a) The feed rate screening limits
			 for antimony, barium, mercury, thallium, and silver are based on either
			 :
(i) An hourly rolling average as described in
			 paragraph (E)(6)(a)(ii) of rule
			 3745-266-102 of the
			 Administrative Code; or
(ii)
			 An instantaneous limit not to be exceeded at any time.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-107 - Standards to control hydrogen chloride and chlorine gas emissions

Current through all regulations passed and filed through July 1, 2024
(A) General. The
			 owner or operator shall comply with the hydrogen chloride and chlorine gas
			 controls provided by paragraph (B), (C), or (E) of this rule.
(B) Screening limits.
(1) "Tier I" feed rate screening limits. Feed
			 rate screening limits are specified for total chlorine in appendix A to this
			 rule as a function of terrain-adjusted effective stack height and terrain and
			 land use in the vicinity of the facility. The feed rate of total chlorine and
			 chloride, both organic and inorganic, in all feedstreams, including hazardous
			 waste, fuels, and industrial furnace feedstocks shall not exceed the levels
			 specified.
(2) "Tier II" emission
			 rate screening limits. Emission rate screening limits for hydrogen chloride and
			 chlorine gas are specified in appendix B to this rule as a function of
			 terrain-adjusted effective stack height and terrain and land use in the
			 vicinity of the facility. The stack emission rates of hydrogen chloride and
			 chlorine gas shall not exceed the levels specified.
(3)
									
									Definitions and limitations. The
			 
									definitions and limitations provided by paragraph (B)
			 of rule 3745-266-106 of the
			 Administrative Code for the following terms also apply to the screening limits
			 provided by paragraph (B) of this rule: terrain-adjusted effective stack
			 height, good engineering practice stack height, terrain type, land use, and
			 criteria for facilities not eligible 
									to use the screening limits.
(4) Multiple stacks. Owners and operators of
			 facilities with more than one on-site stack from a boiler, industrial furnace,
			 incinerator, or other thermal treatment unit subject to controls on hydrogen
			 chloride or chlorine gas emissions under a hazardous waste facility
			 installation and operation permit or interim standards controls shall comply
			 with the "Tier I" and "Tier II" screening limits for those stacks assuming all
			 hazardous waste is fed into the device with the worst-case stack based on
			 dispersion characteristics:
(a) The
			 worst-case stack is determined by procedures provided in paragraph (B)(6) of
			 rule 3745-266-106 of the
			 Administrative Code.
(b) Under
			 "Tier I," the total feed rate of chlorine and chloride to all subject devices
			 shall not exceed the screening limit for the worst-case stack.
(c) Under "Tier II," the total emissions of
			 hydrogen chloride and chlorine gas from all subject stacks shall not exceed the
			 screening limit for the worstcase stack.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-108 - Small quantity on-site burner exemption

Current through all regulations passed and filed through July 1, 2024
(A) Exempt quantities. Owners and operators
			 of facilities that burn hazardous waste in an on-site boiler or industrial
			 furnace are exempt from rules
			 3745-266-100
			 to
			 3745-266-112
			 of the Administrative Code provided that all of the following:
(1) The quantity of hazardous waste burned in
			 a device for a calendar month does not exceed the limits in the table in this
			 rule based on the terrain-adjusted effective stack height as determined in
			 paragraph (B)(3) of rule
			 3745-266-106
			 of the Administrative Code:
Table: Exempt Quantities for Small Quantity Burner
				Exemption
Terrain-adjusted effective stack height of device
						  (meters)
Allowable hazardous waste burning rate (gallons per
						  month)
0 to 3.9
0
4.0 to 5.9
13
6.0 to 7.9
18
8.0 to 9.9
27
10.0 to 11.9
40
12.0 to 13.9
48
14.0 to 15.9
59
16.0 to 17.9
69
18.0 to 19.9
76
20.0 to 21.9
84
22.0 to 23.9
93
24.0 to 25.9
100
26.0 to 27.9
110
28.0 to 29.9
130
30.0 to 34.9
140
35.0 to 39.9
170
40.0 to 44.9
210
45.0 to 49.9
260
50.0 to 54.9
330
55.0 to 59.9
400
60.0 to 64.9
490
65.0 to 69.9
610
70.0 to 74.9
680
75.0 to 79.9
760
80.0 to 84.9
850
85.0 to 89.9
960
90.0 to 94.9
1,100
95.0 to 99.9
1,200
100.0 to 104.9
1,300
105.0 to 109.9
1,500
110.0 to 114.9
1,700
115.0 or greater
1,900
(2)
			 The maximum hazardous waste firing rate does not exceed at any time one per
			 cent of the total fuel requirements for the device (hazardous waste plus other
			 fuel) on a total heat input or mass input basis, whichever results in the lower
			 mass feed rate of hazardous waste.
(3) The hazardous waste has a minimum heating
			 value of five thousand British thermal units (Btu) per pound, as
			 generated.
(4) The hazardous waste
			 fuel does not contain (and is not derived from) EPA hazardous waste numbers
			 F020, F021, F022, F023, F026, or F027.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-109 - Low risk waste exemption

Current through all regulations passed and filed through July 1, 2024
(A) Waiver of the destruction and removal
			 efficiency standard. The destruction and removal efficiency standard of
			 paragraph (A) of rule
			 3745-266-104
			 of the Administrative Code does not apply if the boiler or industrial furnace
			 is operated in conformance with paragraph (A)(1) of this rule and the owner or
			 operator demonstrates by procedures prescribed in paragraph (A)(2) of this rule
			 that the burning will not result in unacceptable adverse health effects.
(1) The device shall be operated
			 as follows:
(a) A minimum of fifty per cent
			 of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel,
			 tall oil, or, if approved by the director on a case-by-case basis, other
			 nonhazardous fuel with combustion characteristics comparable to fossil fuel.
			 Such fuels are termed "primary fuel" for purposes of this rule. (Tall oil is a
			 fuel derived from vegetable and rosin fatty acids.) The fifty per cent primary
			 fuel firing rate shall be determined on a total heat or mass input
			 basis, whichever results in the greater mass feed rate of primary fuel
			 fired;
(b) Primary fuels and
			 hazardous waste fuels shall have a minimum as-fired heating value of eight
			 thousand British thermal units (Btu) per pound;
(c) The hazardous waste is fired directly
			 into the primary fuel flame zone of the combustion chamber; and
(d) The device operates in conformance with
			 the carbon monoxide controls provided by paragraph (B)(1) of rule
			 3745-266-104
			 of the Administrative Code. Devices subject to the exemption provided by this
			 rule are not eligible for the alternative carbon monoxide controls provided by
			 paragraph (C) of rule
			 3745-266-104
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-111 - Standards for direct transfer

Current through all regulations passed and filed through July 1, 2024
(A) Applicability. This rule applies to
			 owners and operators of boilers and industrial furnaces subject to rule
			 3745-266-102 or
			 3745-266-103 of the
			 Administrative Code if hazardous waste is directly transferred from a transport
			 vehicle to a boiler or industrial furnace without the use of a storage
			 unit.
(B) Definitions.
(1) When used in this rule, the following
			 terms have the following meanings:
(a) "Direct
			 transfer equipment" means any device (including but not limited to, such
			 devices as piping, fittings, flanges, valves, and pumps) that is used to
			 distribute, meter, or control the flow of hazardous waste between a container
			 (i.e., transport vehicle) and a boiler or industrial furnace.
(b) "Container" means any portable device in
			 which hazardous waste is transported, stored, treated, or otherwise handled,
			 and includes transport vehicles that are containers themselves (e.g., tank
			 trucks, tanker-trailers, and rail tank cars), and containers placed on or in a
			 transport vehicle.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-112 - Regulation of residues

Current through all regulations passed and filed through July 1, 2024
A residue derived from the burning or processing of hazardous
				waste in a boiler or industrial furnace is not excluded from the definition of
				a " hazardous waste" under paragraph (B)(4), (B)(7), or (B)(8) of rule
				3745-51-04 of the Administrative
				Code unless the device and the owner or operator meet the following
				requirements:
(A) The device meets the
			 following criteria:
(1) Boilers. Boilers
			 
									shall
			 burn at least fifty per cent coal on a total heat input or mass input basis,
			 whichever results in the greater mass feed rate of coal;
(2) Ore or mineral furnaces. Industrial
			 furnaces subject to paragraph (B)(7) of rule
			 3745-51-04 of the Administrative
			 Code 
									shall process at least fifty per cent by weight
			 normal, nonhazardous raw materials;
(3) Cement kilns. Cement kilns
			 
									shall
			 process at least fifty per cent by weight normal cement-production raw
			 materials;
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-200 - Applicability- military munitions

Current through all regulations passed and filed through July 1, 2024
(A) Rules 3745-266-200 to
			 3745-266-206
			 of the Administrative Code identify when military munitions become a waste,
			 and, if these wastes are also hazardous under rules 3745-266-200 to
			 3745-266-206
			 or Chapter 3745-51 of the Administrative Code, the management standards that
			 apply to these wastes.
(B) Unless
			 otherwise specified in rules 3745-266-200 to
			 3745-266-206
			 of the Administrative Code, all applicable requirements in Chapters
			 3745-50
			 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of
			 the Administrative Code apply to waste military munitions.
Effective: 2/12/2018
Five Year
				Review (FYR) Dates: 10/30/2017 and
				02/12/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3734.12
Rule
				Amplifies: 3734.12
Prior
				Effective Dates: 12/07/2004
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-201 - Definitions- military munitions

Current through all regulations passed and filed through July 1, 2024
In addition to the definitions in rule
				3745-50-10
				of the Administrative Code, the following definitions apply to rules
				3745-266-200
				to
				3745-266-206
				of the Administrative Code:
(A)
			 "Active range" means a military range that is currently in service and is
			  regularly used for range
			 activities.
(B) "Chemical agents"
			 and "munitions" are defined as in
			 50
			 U.S.C. 1521(j)(1).
(C) "Inactive range" means a military range
			 that is not currently in use, but that is still under military control and
			 considered by the military to be a potential range area, and that has not been
			 put to a new use that is incompatible with range activities.
(D) "Military" means the department of
			 defense (DOD), the armed services, coast guard, national guard, department of
			 energy (DOE), or other parties under contract or acting as an agent for the
			 foregoing, who handle military munitions.
(E) "Military range" means designated land
			 and water areas set aside, managed, and used to conduct research on, develop,
			 test, and evaluate military munitions and explosives, other ordnance, or weapon
			 systems, or to train military personnel in the use and handling of such
			 devices. Ranges include firing lines and positions, maneuver areas, firing
			 lanes, test pads, detonation pads, impact areas, and buffer zones with
			 restricted access and exclusionary areas.
(F) "Unexploded ordnance" means military
			 munitions that have been primed, fused, armed, or otherwise prepared for
			 action, and have been fired, dropped, launched, projected, or placed in such a
			 manner as to constitute a hazard to operations, installation, personnel, or
			 material and remain unexploded either by malfunction, design, or any other
			 cause.
[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."]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-202 - Definition of waste for purposes of- military munitions

Current through all regulations passed and filed through July 1, 2024
(A) A military munition is not a waste when:
(1) A military munition is used for
			 the
			 intended purpose of the military munition,
			 including:
(a) Use in training military
			 personnel or explosives and munitions emergency response specialists (including
			 training in proper destruction of unused propellant or other munitions);
			 or
(b) Use in research,
			 development, testing, and evaluation of military munitions, weapons, or weapon
			 systems; or
(c) Recovery,
			 collection, and on-range destruction of unexploded ordnance and munitions
			 fragments during range clearance activities at active or inactive ranges.
			 However, "use for intended purpose" does not include the on-range disposal or
			 burial of unexploded ordnance and contaminants when the burial is not a result
			 of product use;
			 or
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-203 - Standards for the transportation of waste military munitions

Current through all regulations passed and filed through July 1, 2024
(A) Criteria for
			 hazardous waste regulation of waste non-chemical military munitions in
			 transportation.
(1) Waste military munitions
			 that are being transported and that exhibit a hazardous waste characteristic or
			 are listed as hazardous waste under Chapter 3745-51 of the Administrative Code,
			 are listed or identified as a hazardous waste (and thus are subject to
			 regulation under 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), unless all the following conditions are met:
(a) The waste military munitions are not
			 chemical agents or chemical munitions.
(b) The waste military munitions shall be
			 transported in accordance with the department of defense (DOD) shipping
			 controls applicable to the transport of military munitions.
(c) The waste military munitions shall be
			 transported from a military owned or operated installation to a military owned
			 or operated treatment, storage, or disposal facility.
(d) The transporter of the waste shall
			 provide verbal notice to the director within twenty-four hours after the time
			 the transporter becomes aware of any loss or theft of the waste military
			 munitions, or any failure to meet a condition of paragraph (A)(1) of this rule
			 that may endanger health or the environment. In addition, a written submittal
			 describing the circumstances shall be provided within five days after the time
			 the transporter becomes aware of any loss or theft of the waste military
			 munitions or any failure to meet a condition of paragraph (A)(1) of this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-204 - Standards applicable to emergency responses involving military munitions

Current through all regulations passed and filed through July 1, 2024
Explosives or munitions emergencies involving military
				munitions or explosives are subject to paragraph (I) of rule
				3745-52-10,
				paragraph (E) of rule
				3745-53-10,
				paragraph (G)(8) of rule
				3745-54-01,
				paragraph (C)(11) of rule
				3745-65-01,
				and paragraph (D) of rule
				3745-50-45
				of the Administrative Code, or alternatively to rule
				3745-50-57 of
				the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-205 - Standards for the storage of waste military munitions

Current through all regulations passed and filed through July 1, 2024
(A) Criteria for hazardous waste regulation
			 of waste non-chemical military munitions in storage.
(1) Waste military munitions in storage that
			 exhibit a hazardous waste characteristic or are listed as hazardous waste in
			 Chapter 3745-51 of the Administrative Code, are listed or identified as a
			 hazardous waste (and thus are subject to regulation under 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, 3745-270, 3745-273, and 3745-279 of the Administrative
			 Code), unless all the following conditions are met:
(a) The waste military munitions are not
			 chemical agents or chemical munitions.
(b) The waste military munitions shall be
			 subject to the jurisdiction of the department of defense explosives safety
			 board (DDESB).
(c) The waste
			 military munitions shall be stored in accordance with the DDESB storage
			 standards applicable to waste military munitions.
(d) Within ninety days after December 7, 2004
			 or within ninety days after a storage unit is first used to store waste
			 military munitions, whichever is later, the owner or operator shall notify the
			 director of the location of any waste storage unit used to store waste military
			 munitions for which the conditional exemption in paragraph (A)(1) of this rule
			 is claimed.
(e) The owner or
			 operator shall provide verbal notice to the director within twenty-four hours
			 after the time the owner or operator becomes aware of any loss or theft of the
			 waste military munitions, or any failure to meet a condition of paragraph
			 (A)(1) of this rule that may endanger health or the environment. In addition, a
			 written submittal describing the circumstances shall be provided within five
			 days after the time the owner or operator becomes aware of any loss or theft of
			 the waste military munitions or any failure to meet a condition of paragraph
			 (A)(1) of this rule.
(f) The owner
			 or operator shall inventory the waste military munitions at least annually,
			 shall inspect the waste military munitions at least quarterly for compliance
			 with the conditions of paragraph (A)(1) of this rule, and shall maintain
			 records of the findings of these inventories and inspections for at least three
			 years.
(g) Access to the stored
			 waste military munitions shall be limited to appropriately trained and
			 authorized personnel.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-206 - Standards for the treatment and disposal of waste military munitions

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-235 - Treatment of LLMW

Current through all regulations passed and filed through July 1, 2024
What waste treatment does the storage and treatment conditional
				exemption allow? You may treat your LLMW at your facility within a tank or
				container in accordance with the terms of your NRC or NRC Agreement State
				license. Treatment that cannot be done in a tank or container without an Ohio
				hazardous waste permit (such as incineration) is not allowed under this
				exemption.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-240 - Loss of conditional exemption for LLMW

Current through all regulations passed and filed through July 1, 2024
(A) How could you lose the conditional
			 exemption for your low level mixed waste
			 (LLMW) and what action
			 shall you
			 take?
(1) Your LLMW will automatically lose
			 the storage and treatment conditional exemption if you fail to meet any of the
			 conditions specified in paragraph (C)  of rule
			 3745-266-220
			 of the Administrative Code. When your LLMW loses the exemption, you
			 shall
			 immediately manage that waste which failed the condition as hazardous waste,
			 and the storage unit storing the LLMW immediately becomes subject to hazardous
			 waste container or tank storage requirements.
(a) If you fail to meet any of the conditions
			 specified in paragraph (C)  of rule
			 3745-266-220
			 of the Administrative Code you shall report to Ohio EPA and the
			 nuclear regulatory commission (NRC), or the oversight agency in the NRC
			 agreement state, in writing by certified delivery within thirty days
			 after
			 learning of the failure. Your report shall be signed
			 by your authorized representative, certifying
			 that the information provided is true, accurate, and complete. This report
			 shall
			 include:
(i) The specific
			 conditions you failed to meet;
(ii) A description of the LLMW (including the
			 waste name, EPA hazardous waste numbers, and quantity) and storage location at
			 the facility; and
(iii) The
			 dates
			 on which you failed to meet the conditions.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-250 - Recordkeeping for LLMW

Current through all regulations passed and filed through July 1, 2024
What records must you keep at your facility and for how long?
(A) In addition to those records
			 required by your NRC or NRC Agreement State license, you must keep records as
			 follows:
(1) Your initial notification
			 records, return receipts, reports to us of failure(s) to meet the exemption
			 conditions, and all records supporting any reclaim of an exemption;
(2) Records of your LLMW annual inventories,
			 and quarterly inspections;
(3) Your
			 certification that facility personnel who manage stored mixed waste are trained
			 in safe management of LLMW including training in chemical waste management and
			 hazardous materials incidents response; and
(4) Your emergency plan as specified in
			 paragraphs (C)(2) to (C)(2)(e) of rule
			 3745-266-220
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-255 - Re-entry of LLMW into regulation as a hazardous waste

Current through all regulations passed and filed through July 1, 2024
When is your low level mixed waste
				(LLMW) no longer eligible for the storage
				and treatment conditional exemption?
(A) When your LLMW has met the requirements
			 of your nuclear regulatory commission
								(NRC) or NRC
			 agreement state license for decay-in-storage and can be disposed of as
			 non-radioactive waste, then the conditional exemption for storage no longer
			 applies. On that date, your waste is subject to hazardous waste regulation
			 under the applicable rules 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, and the time period for accumulation of a
			 hazardous waste as specified in rule 3745-52-16 or
			 3745-52-17 of the Administrative Code begins.
(B) When your conditionally exempt LLMW,
			 which has been generated and stored under a single NRC or NRC agreement state
			 license number, is removed from storage, the conditionally exempt
			 LLMW is no longer eligible for the storage and treatment exemption.
			 However, your waste may be eligible for the transportation and disposal
			 conditional exemption in rule
			 3745-266-305
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-260 - LLMW storage unit closure

Current through all regulations passed and filed through July 1, 2024
Permitted storage units  used to store only "low level mixed waste" (LLMW), as defined in
				rule
				3745-266-210
				of the Administrative Code, prior to December 7, 2004 and after that date store
				only LLMW which becomes exempt under rules
				3745-266-210
				to
				3745-266-355
				of the Administrative Code, are not subject to the closure requirements of
				Chapters 3745-54 to 3745-57 and 3745-205 and 3745-65 to 3745-69 and 3745-256 of
				the Administrative Code. Storage units (or portions of units)
				 used to store both LLMW and
				non-mixed hazardous waste prior to December 7, 2004, or
				 used to store both after that date,
				remain subject to closure requirements with respect to the non-mixed hazardous
				waste.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-305 - Transportation and disposal conditional exemption

Current through all regulations passed and filed through July 1, 2024
What does the transportation and disposal conditional exemption
				do? This conditional exemption exempts your waste from the regulatory
				definition of hazardous waste in rule
				3745-51-03
				of the Administrative Code if your waste meets the eligibility criteria under
				rule
				3745-266-310
				of the Administrative Code, and you meet the conditions in paragraphs (A) to
				(A)(4) of rule
				3745-266-315
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-310 - Eligibility for conditional exemptions

Current through all regulations passed and filed through July 1, 2024
What wastes are eligible for the transportation and disposal
				conditional exemption? Eligible waste must be:
(A) A LLMW that meets the waste acceptance
			 criteria of a LLW disposal facility; and/or
(B) An eligible NARM.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-315 - Conditions for the conditional exemptions

Current through all regulations passed and filed through July 1, 2024
(A) What are the conditions you must meet for
			 your waste to qualify for and maintain the transportation and disposal
			 conditional exemption? You must meet the following conditions for your eligible
			 waste to qualify for and maintain the exemption:
(1) The eligible waste must meet or be
			 treated to meet LDR treatment standards as described in paragraph (B) of this
			 rule.
(2) If you are not already
			 subject to NRC, or NRC Agreement State equivalent manifest and transportation
			 regulations for the shipment of your waste, you must manifest and transport
			 your waste according to NRC regulations as described in paragraph (C) of this
			 rule.
(3) The exempted waste must
			 be in containers when it is disposed of in the LLW disposal facility as
			 described in paragraphs (F) to (F)(3) of this rule.
(4) The exempted waste must be disposed of at
			 a designated LLW disposal facility as described in paragraph (E) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-345 - Notification of exemptions

Current through all regulations passed and filed through July 1, 2024
Who must you notify?
(A) You must provide a one time notice to us
			 stating that you are claiming the transportation and disposal conditional
			 exemption prior to the initial shipment of an exempted waste from your facility
			 to a LLW disposal facility. Your dated written notice must include your
			 facility name, address, phone number, and U.S. EPA identification number, and
			 be sent by certified delivery.
(B)
			 You must notify the LLW disposal facility receiving your exempted waste by
			 certified delivery before shipment of each exempted waste. You can only ship
			 the exempted waste after you have received the return receipt of your notice to
			 the LLW disposal facility. This notification must include the following:
(1) A statement that you have claimed the
			 exemption for the waste.
(2) A
			 statement that the eligible waste meets applicable treatment standards in
			 Chapter 3745-270 of the Administrative Code.
(3) Your facility's name, address, and U.S.
			 EPA identification number.
(4) The
			 EPA hazardous waste numbers prior to the exemption of the waste streams.
(5) A statement that the exempted
			 waste must be placed in a container according to paragraphs (F) to (F)(3) of
			 rule
			 3745-266-315
			 of the Administrative Code prior to disposal in order for the waste to remain
			 exempt under the transportation and disposal conditional exemption of rules
			 3745-266-210
			 to
			 3745-266-355
			 of the Administrative Code.
(6) The
			 manifest number of the shipment that will contain the exempted waste.
(7) A certification that all the
			 information provided is true, complete, and accurate. The statement must be
			 signed by your authorized representative.