Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-266 - Disposal Standards › Section 3745-266-220 - Storage and treatment conditional exemption and eligibility

Current through all regulations passed and filed through July 1, 2024
(A) What does a
			 storage and treatment conditional exemption do? The storage and treatment
			 conditional exemption exempts your LLMW from the regulatory definition of
			 hazardous waste in rule
			 3745-51-03
			 of the Administrative Code if your waste meets the eligibility criteria in
			 paragraph (B) of this rule and you meet the conditions in paragraphs (C) to
			 (C)(2)(e) of this rule.
(B) What
			 wastes are eligible for the storage and treatment conditional exemption? LLMW
			 is eligible for this conditional exemption if it is generated and managed by
			 you under a single NRC or NRC Agreement State license. (Mixed waste generated
			 at a facility with a different license number and shipped to your facility for
			 storage or treatment requires a permit and is ineligible for this exemption. In
			 addition, NARM waste is ineligible for this exemption.)
(C) What conditions must you meet for your
			 LLMW to qualify for and maintain a storage and treatment exemption?
(1) For your LLMW to qualify for the
			 exemption you must notify us in writing by certified delivery that you are
			 claiming a conditional exemption for the LLMW stored on your facility. The
			 dated notification must include your name, address, U.S. EPA identification
			 number, NRC or NRC Agreement State license number, the waste code(s) and
			 storage unit(s) for which you are seeking an exemption, and a statement that
			 you meet the conditions of rules
			 3745-266-210
			 to
			 3745-266-355
			 of the Administrative Code. Your notification must be signed by your authorized
			 representative who certifies that the information in the notification is true,
			 accurate, and complete. You must notify us of your claim either within ninety
			 days of the first effective date of this rule, or within ninety days of when a
			 storage unit is first used to store conditionally exempt LLMW.
(2) To qualify for and maintain an exemption
			 for your LLMW you must:
(a) Store your LLMW
			 in tanks or containers in compliance with the requirements of your license that
			 apply to the proper storage of LLW (not including those license requirements
			 that relate solely to recordkeeping);
(b) Store your LLMW in tanks or containers in
			 compliance with chemical compatibility requirements of a tank or container in
			 rule
			 3745-55-77
			 or
			 3745-55-99
			 of the Administrative Code, or rule
			 3745-66-77
			 or
			 3745-66-99
			 of the Administrative Code;
(c)
			 Certify that facility personnel who manage stored conditionally exempt LLMW are
			 trained in a manner that ensures that the conditionally exempt waste is safely
			 managed and includes training in chemical waste management and hazardous
			 materials incidents response that meets the personnel training standards found
			 in paragraph (A)(3) of rule
			 3745-65-16 of
			 the Administrative Code;
(d)
			 Conduct an inventory of your stored conditionally exempt LLMW at least annually
			 and inspect it at least quarterly for compliance with rules
			 3745-266-210
			 to
			 3745-266-355
			 of the Administrative Code; and
(e)
			 Maintain an accurate emergency plan and provide it to all local authorities who
			 may have to respond to a fire, explosion, or release of hazardous waste or
			 hazardous constituents. Your plan must describe emergency response arrangements
			 with local authorities; describe evacuation plans; list the names, addresses,
			 and telephone numbers of all facility personnel qualified to work with local
			 authorities as emergency coordinators; and list emergency equipment.