Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-45 - Special inclusions and exclusions for hazardous waste permits

Current through all regulations passed and filed
			 through July 1, 2024
(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 
								is 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)(f) of this rule. These handlers are subject to
			 regulation under Chapter 3745-273 of the Administrative Code
			 :
(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.
(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.