Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-65 - Interim Standards-General Provisions › Section 3745-65-12 - Required notices

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or
			 operator of a facility that is arranging or has arranged to receive hazardous
			 waste subject to 40 C.F.R. Part 262 subpart H from a foreign source shall
			 submit the following required notices:
(1)
									Pursuant to
			 40 C.F.R.
			 262.84(b), for imports where
			 the competent authority of the country of export does not require the foreign
			 exporter to submit to the competent authority of the country of export a
			 notification proposing export and obtain consent from U.S. EPA and the
			 competent authorities for the countries of transit, such owner or operator of
			 the facility, if acting as the importer, shall provide notification of the
			 proposed transboundary movement in English to U.S. EPA using the allowable
			 methods listed in
			 40 C.F.R.
			 262.84(b)(1) at least sixty
			 days before the first shipment is expected to depart the country of export. The
			 notification may cover up to one year of shipments of wastes having similar
			 physical and chemical characteristics, the same United Nations classification,
			 the same RCRA waste codes and "Organisation for Economic Co-operation and
			 Development" (OECD) waste codes, and being sent from the same foreign
			 exporter.
(2)
									Pursuant to
			 40 C.F.R.
			 262.84(d)(2)(xv), a copy of
			 the movement document bearing all required signatures within three working days
			 after receipt of the shipment to the foreign exporter; to the competent
			 authorities of the countries of export and transit that control the shipment as
			 an export and transit shipment of hazardous waste respectively; and on or after
			 the electronic import-export reporting compliance date, to U.S. EPA
			 electronically using U.S. EPA's waste import export tracking system (WIETS), or
			 the successor system. The original of the signed movement document shall be
			 maintained at the facility for at least three years. The owner or operator of a
			 facility may satisfy this recordkeeping requirement by retaining electronically
			 submitted documents in the facility's account on U.S. EPA's WIETS, or the
			 successor system, provided that copies are readily available to view and
			 produce if requested by any U.S. EPA or Ohio EPA inspector. No owner or
			 operator of a facility may be held liable for the inability to produce the
			 documents for inspection under this rule if the owner or operator of a facility
			 can demonstrate that the inability to produce the document is due exclusively
			 to technical difficulty with U.S. EPA's WIETS, or the successor system, for
			 which the owner or operator of a facility bears no
			 responsibility.
(3)
									Pursuant to
			 40 C.F.R.
			 262.84(f)(4), if the owner
			 or operator of a facility has physical control of the waste and the waste must
			 be sent to an alternate facility or returned to the country of export, such
			 owner or operator of the facility shall inform U.S. EPA, using the allowable
			 methods listed in
			 40 C.F.R.
			 262.84(b)(1) of the need to
			 return or arrange alternate management of the shipment.
(4)
									Pursuant to
			 40 C.F.R.
			 262.84(g), such owner or
			 operator shall do all of the following:
(a)
										Send copies of
			 the signed and dated confirmation of recovery or disposal, as soon as possible,
			 but no later than thirty days after completing recovery or disposal of the
			 waste in the shipment and no later than one calendar year after receipt of the
			 waste, to the foreign exporter, to the competent authority of the country of
			 export that controls the shipment as an export of hazardous waste, and on or
			 after the electronic import-export reporting compliance date, to U.S. EPA
			 electronically using U.S. EPA's WIETS, or the successor system.
(b)
										If the owner or
			 operator of a facility performed any of recovery operations R12, R13, or RC16,
			 or disposal operations D13 to D15, or DC17, promptly send copies of the
			 confirmation of recovery or disposal that the facility receives from the final
			 recovery or disposal facility within one year after shipment delivery to the
			 final recovery or disposal facility that performed one of recovery operations
			 R1 to R11, or RC16, or one of disposal operations D1 to D12, or DC15 to DC16,
			 to the competent authority of the country of export that controls the shipment
			 as an export of hazardous waste, and on or after the electronic import-export
			 reporting compliance date, to U.S. EPA electronically using U.S. EPA's WIETS,
			 or the successor system. The recovery and disposal operations in this paragraph
			 are defined in
			 40
			 C.F.R. 262.81.
[Comment 1: An owner's or operator's
				failure to notify the new owner or operator of the requirements of Chapters
				3745-65 to 3745-69 and 3745-256 of the Administrative Code does not relieve the
				new owner or operator of the obligation to comply with all applicable
				requirements.]
[Comment 2: 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."]
Replaces: 3745-65-12 rescinded