reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-20 - Characteristics of hazardous waste- general

Current through all
			 regulations passed and filed through July 1, 2024
(A) A "waste," as defined in rule
			 3745-51-02 of
			 the Administrative Code, which is not excluded from regulation as a hazardous
			 waste under paragraph (B) of rule
			 3745-51-04 of the
			 Administrative Code, is a hazardous waste if the waste exhibits any of the
			 characteristics identified in rules 3745-51-20 to
			 3745-51-24
			 of the Administrative Code.
[Comment: Rule
				3745-52-11
				of the Administrative Code provides the generator's responsibility to determine
				whether his waste exhibits one or more of the characteristics identified in
				rules 3745-51-20 to
				3745-51-24
				of the Administrative Code.]
(B) A hazardous waste which is identified by
			 a characteristic identified in rules 3745-51-20 to
			 3745-51-24
			 of the Administrative Code is assigned every EPA hazardous waste number that is
			 applicable as identified in rules 3745-51-20 to
			 3745-51-24
			 of the Administrative Code. This number shall be used in complying with the
			 requirement to notify Ohio EPA or U.S. EPA of regulated waste activity and all
			 applicable recordkeeping and reporting requirements of Chapters 3745-52,
			 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266,
			 and 3745-270, and rules
			 3745-50-40
			 to
			 3745-50-235
			 of the Administrative Code.
(C) For
			 the purposes of rules 3745-51-20 to
			 3745-51-24
			 of the Administrative Code, the director will consider a sample obtained using
			 any of the applicable sampling methods specified in the appendix to this rule
			 to be a representative sample within the meaning of Chapter 3745-50 of the
			 Administrative Code.
[Comment 1: Since the sampling methods in the appendix to this
				rule are not formally adopted by Ohio
				EPA, a person who wishes to employ an alternative sampling method, including
				previously approved equivalent ASTM methods, is not required to demonstrate the
				equivalency of that method under the procedures in
				40 CFR
				260.20 and 40 CFR 260.21.]
[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."]
Click to
				view Appendix
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-22 - Characteristic of corrosivity

Current through all regulations passed
			 and filed through July 1, 2024
(A) A waste exhibits the characteristic of
			 corrosivity if a representative sample of the waste has either of the following
			 properties:
(1)
									The waste is
			 aqueous and has a pH less than or equal to two or greater than or equal to
			 12.5, as determined by a pH meter using method 9040C in "Test Methods for
			 Evaluating Solid Waste, Physical/Chemical Methods" U.S. EPA publication
			 SW-846.
(2)
									The waste
			 is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35
			 millimeters (0.25 inch) per year at a test temperature of fifty-five degrees
			 Celsius (one hundred thirty degrees Fahrenheit) as determined by method 1110A
			 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" U.S.
			 EPA publication SW-846.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-23 - Characteristic of reactivity

Current through all regulations passed
			 and filed through July 1, 2024
(A) A waste exhibits the characteristic of
			 reactivity if a representative sample of the waste has any of the following
			 properties:
(1)
									The waste is
			 normally unstable and readily undergoes violent change without
			 detonating.
(2)
									The waste
			 reacts violently with water.
(3)
									The waste
			 forms potentially explosive mixtures with water.
(4) When mixed with water,
			 the waste
			 generates toxic gases, vapors or fumes in a quantity sufficient to present a
			 danger to human health or the environment.
(5)
									The waste is a
			 cyanide or sulfide bearing waste which, when exposed to pH conditions between
			 two and 12.5, can generate toxic gases, vapors or fumes in a quantity
			 sufficient to present a danger to human health or the environment.
(6)
									The waste is
			 capable of detonation or explosive reaction if the waste is
			 subjected to a strong initiating source or if heated under
			 confinement.
(7)
									The waste
			 is readily capable of detonation or explosive decomposition or reaction at
			 standard temperature and pressure.
(8)
									The waste is a
			 "forbidden explosive" as defined in
			 49 CFR
			 173.54, or is an "explosive in Class 1" in
			 "Division 1.1," "Division 1.2, "or "Division 1.3 " as defined in
			 49 CFR 173.50
			 and
			 49 CFR
			 173.53.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-30 - Lists of hazardous wastes - general

Current through all
			 regulations passed and filed through July 1, 2024
(A) A waste is a hazardous waste if
			 the waste
			 is listed as such in rules 3745-51-30 to
			 3745-51-35
			 of the Administrative Code, unless the waste has been excluded under 40
			 C.F.R.260.20 and 40 C.F.R.260.22.
(B) The administrator
			 shall
			 indicate the basis for listing the classes or types of wastes
			 listed by employing one or more of the following hazard codes:
Ignitable waste
(I)
Corrosive waste
(C)
Reactive waste
(R)
Toxicity characteristic waste
(E)
Acute hazardous waste
(H)
Toxic waste
(T)
The appendix to this rule identifies the constituents which
				caused the administrator to list the waste as a toxicity characteristic waste
				(E) or toxic waste (T) as shown in rules
				3745-51-31
				and
				3745-51-32
				of the Administrative Code.
(C) Each hazardous waste listed in rules
			 3745-51-30 to
			 3745-51-35
			 of the Administrative
Code is assigned an EPA hazardous waste number which precedes
				the name of the waste. This number shall be used in complying with the requirement to
				notify Ohio EPA or U.S. EPA of regulated waste activity and certain
				recordkeeping and reporting requirements under Chapters 3745-52, 3745-53,
				3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-270, and rules
				3745-50-40
				to
				3745-50-235
				of the Administrative Code.
(D) The following hazardous wastes listed in
			 rule
			 3745-51-31
			 of the Administrative Code are subject to the exclusion limits for acutely
			 hazardous wastes established in rule 3745-52-13
			 of the Administrative Code: EPA hazardous waste numbers F020, F021, F022, F023,
			 F026, and F027.
[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."]
Click to
				view Appendix
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-35 - Deletion of certain EPA hazardous waste numbers following equipment cleaning and replacement

Current through all regulations passed and
			 filed through July 1, 2024
(A) Wastes from wood preserving processes at
			 plants that do not resume or initiate use of chlorophenolic preservatives will
			 not meet the listing description of F032 once the generator has met all of
			 the requirements of paragraphs (B) and (C) of this rule. These wastes may,
			 however, continue to meet another hazardous waste listing description or may
			 exhibit one or more of the hazardous waste characteristics.
(B) Generators shall either
			 clean or replace all process equipment that may have come into contact with
			 chlorophenolic formulations or constituents thereof, including, but not limited
			 to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts,
			 and trams, in a manner that minimizes or eliminates the escape of hazardous
			 waste or constituents, leachate, contaminated drippage, or hazardous waste
			 decomposition products to the ground water, surface water, or atmosphere.
(1) Generators shall do one of
			 the following:
(a) Prepare and follow an
			 equipment cleaning plan and clean equipment in accordance with this rule.
(b) Prepare and follow an equipment
			 replacement plan and replace equipment in accordance with this rule.
(c) Document cleaning and replacement in
			 accordance with this rule, carried out after termination of use of
			 chlorophenolic preservations.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-39 - Conditional exclusion for used, broken CRTs and processed CRT glass undergoing recycling

Current through all regulations passed and
			 filed through July 1, 2024
Used, broken cathode ray tubes (CRTs) are not wastes if the
				CRTs meet the following conditions:
(A) Prior to processing. These materials are
			 not wastes if the materials are destined for recycling and if the materials
			 meet the following requirements:
(1) Storage.
			 The broken CRTs shall be either:
(a) Stored in
			 a building with a roof, floor, and walls.
(b) Placed in a container (i.e., a package or
			 a vehicle) that is constructed, filled, and closed to minimize releases to the
			 environment of CRT glass (including fine solid materials).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-40 - Conditional exclusion for used, intact CRTs exported for recycling

Current through all regulations passed and filed through July 1,
			 2024
Used, intact cathode ray tubes (CRTs) exported for recycling
				are not wastes if such CRTs meet the notice and consent conditions of
				40
				CFR 261.39(a)(5), and if
				such CRTs
				are not "accumulated speculatively" as defined in paragraph (C)(8) of rule
				3745-51-01
				of the Administrative Code.
[Comment 1: 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.]
[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."]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-41 - Notification and recordkeeping for used, intact CRTs exported for reuse

Current through all regulations passed and filed through July 1,
			 2024
Any person wanting to export used,
				intact cathode ray tubes (CRTs) to a foreign country shall comply with
				40
				CFR 261.41.
[Comment 1: Ohio EPA shall recognize
				the administrator's decisions under
				40
				CFR 261.41.]
[Comment 2: 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.]
[Comment 3: 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: 3745-51-41 rescinded
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-100 - Financial assurance for seventy-two hour recyclers

Current
			 through all regulations passed and filed through July 1,
			 2024
Owners or operators of facilities that enter recyclable
				materials into a recycling process within seventy-two hours after arrival at
				the facility, except as provided in paragraph (A)(2) of rule
				3745-51-06
				of the Administrative Code, may store recyclable materials in containers,
				tanks, or containment buildings without an Ohio hazardous waste permit,
				provided that the financial assurance requirements of this rule are met. All
				financial assurance documentation shall be approved by Ohio EPA prior to
				storage
				of any material, and shall comply with this
				rule.
(A) The owner or operator shall
			 have a detailed written estimate, in current dollars, of the cost of closing
			 the facility in accordance with paragraphs (A) and (B) of rule
			 3745-66-11
			 and rule
			 3745-66-14
			 of the Administrative Code. The cost estimate:
(1) Shall equal the cost of final closure at
			 the point in the active life of the facility when the extent and manner of
			 the
			 facility's operation would make closure the most expensive.
(2) Shall be based on the costs to the owner
			 or operator of hiring a third party to close the facility. A third party is a
			 party who is neither a parent nor a subsidiary of the owner or operator. (See
			 the definition of "parent corporation" in rule
			 3745-66-41
			 of the Administrative Code.)
(3)
			 May not incorporate any salvage value that may be realized with the sale of
			 recyclable materials, hazardous wastes, nonhazardous wastes, facility
			 structures or equipment, or land or other asset associated with the
			 facility.
(4) May not incorporate a
			 zero cost for recyclable materials, or hazardous wastes, or nonhazardous wastes
			 that might have economic value.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-140 - Applicability and definitions - financial requirements for management of excluded hazardous secondary materials

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								Applicability.
			 Rules 3745-51-140 to
			 3745-51-151 of the
			 Administrative Code apply to owners or operators of reclamation and
			 intermediate facilities managing hazardous secondary materials excluded under
			 paragraph (A)(24) of rule
			 3745-51-04 of the Administrative
			 Code, except as provided otherwise in rule
			 3745-51-140 of the
			 Administrative Code.
(B)
								States and the federal government are exempt from the
			 financial assurance requirements of rules
			 3745-51-140 to
			 3745-51-151 of the
			 Administrative Code.
(C)
								Definitions. The terms defined in paragraphs (D), (F),
			 (G), and (H) of rule
			 3745-66-41 of the Administrative
			 Code have the same meanings in rules
			 3745-51-140 to
			 3745-51-151 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-142 - Cost estimate - management of excluded hazardous secondary

Current through all regulations passed and filed through July 1,
			 2024
(A)
								The owner or operator shall have a detailed written
			 estimate, in current dollars, of the cost of disposing of any hazardous
			 secondary material as listed or characteristic hazardous waste, and the
			 potential cost of closing the facility as a treatment, storage, and disposal
			 facility.
(1)
									
			 The estimate shall equal the cost of conducting the activities described in
			 paragraph (A) of this rule at the point when the extent and manner of the
			 facility's operation would make these activities the most
			 expensive.
(2)
									The cost estimate shall be based on the costs to the
			 owner or operator of hiring a third party to conduct these activities. A third
			 party is a party who is neither a parent nor a subsidiary of the owner or
			 operator. [See definition of "parent corporation" in paragraph (D) of rule
			 3745-66-41 of the Administrative
			 Code.] The owner or operator may use costs for on-site disposal in accordance
			 with applicable requirements if the owner or operator can demonstrate that
			 on-site disposal capacity will exist at all times over the life of the
			 facility.
(3)
									The cost estimate may not incorporate any salvage value
			 that may be realized with the sale of hazardous secondary materials, or
			 hazardous or non-hazardous wastes if applicable under paragraph (D) of rule
			 3745-66-13 of the Administrative
			 Code, facility structures or equipment, land, or other assets associated with
			 the facility.
(4)
									The owner or operator may not incorporate a zero cost
			 for hazardous secondary materials, or hazardous or non-hazardous wastes if
			 applicable under paragraph (D) of rule
			 3745-66-13 of the Administrative
			 Code that might have economic value.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-147 - Liability requirements - management of excluded hazardous secondary materials

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								Coverage for
			 sudden accidental occurrences. An owner or operator of a hazardous secondary
			 material reclamation facility or an intermediate facility subject to financial
			 assurance requirements under paragraph (A)(24)(f)(vi) of rule
			 3745-51-04 of the Administrative
			 Code, or a group of such facilities, shall demonstrate financial responsibility
			 for bodily injury and property damage to third parties caused by sudden
			 accidental occurrences arising from operations of the facility or group of
			 facilities. The owner or operator shall have and maintain liability coverage
			 for sudden accidental occurrences in the amount of at least one million dollars
			 per occurrence with an annual aggregate of at least two million dollars,
			 exclusive of legal defense costs. This liability coverage may be demonstrated
			 as specified in paragraph (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A)(6) of
			 this rule:
(1)
									
			 An owner or operator may demonstrate the required liability coverage by having
			 liability insurance as specified in this paragraph.
(a)
										Each insurance
			 policy shall be amended by attachment of the "Hazardous Secondary Material
			 Facility Liability Endorsement," or evidenced by a "Certificate of Liability
			 Insurance." The wording of the endorsement shall be identical to the wording
			 specified in paragraph (H) of rule
			 3745-51-151 of the
			 Administrative Code. The wording of the certificate of insurance shall be
			 identical to the wording specified in paragraph (I) of rule
			 3745-51-151 of the
			 Administrative Code. The owner or operator shall submit a signed duplicate
			 original of the endorsement or the certificate of insurance to the director, or
			 directors if the facilities are located in more than one U.S. EPA region. If
			 requested by a director, the owner or operator shall provide a signed duplicate
			 original of the insurance policy.
(b)
										Each insurance
			 policy shall be issued by an insurer which, at a minimum, is licensed to
			 transact the business of insurance, or eligible to provide insurance as an
			 excess or surplus lines insurer, in one or more states.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-148 - Incapacity of owners or operators, guarantors, or financial institutions - management of excluded hazardous secondary materials

Current through
			 all regulations passed and filed through July 1, 2024
(A)
								An owner or
			 operator shall notify the director by certified mail of the commencement of a
			 voluntary or involuntary proceeding under Title 11 (bankruptcy), U.S. Code,
			 naming the owner or operator as debtor, within ten days after commencement of
			 the proceeding. A guarantor of a corporate guarantee as specified in paragraph
			 (E) of rule
			 3745-51-143 of the
			 Administrative Code shall make such a notification if he is named as debtor, as
			 required under the terms of the corporate guarantee.
(B)
								An owner or
			 operator who fulfills the requirements of rule
			 3745-51-143 or
			 3745-51-147 of the
			 Administrative Code by obtaining a trust fund, surety bond, letter of credit,
			 or insurance policy will be deemed to be without the required financial
			 assurance or liability coverage in the event of bankruptcy of the trustee or
			 issuing institution, or a suspension or revocation of the authority of the
			 trustee institution to act as trustee or of the institution issuing the surety
			 bond, letter of credit, or insurance policy to issue such instruments. The
			 owner or operator shall establish other financial assurance or liability
			 coverage within sixty days after such an event.
[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 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-151 - Wording of the instruments - management of excluded hazardous secondary materials

Current through all regulations passed and
			 filed through July 1, 2024
(A)
(1)
									A trust agreement for a trust fund, as specified in
			 paragraph (A) of rule
			 3745-51-143 of the
			 Administrative Code shall be ordered as follows, except that instructions in
			 brackets are to be replaced with the relevant information and the brackets
			 deleted:
"Trust Agreement
Trust Agreement, the "Agreement,"
				entered into as of [date] by and between [name of the owner or operator], a
				[name of state] [insert "corporation," "partnership," "association," or
				"proprietorship"], the "Grantor," and [name of corporate trustee], [insert
				"incorporated in the state of -----------" or "a national bank"], the
				"Trustee."
Whereas, the United States
				Environmental Protection Agency, "U.S. EPA," an agency of the United States
				government, has established certain rules applicable to the Grantor, requiring
				that an owner or operator of a facility regulated under Chapters 3745-54 to
				3745-57 and 3745-205 or Chapters 3745-65 to 3745-69 and 3745-256 of the
				Administrative Code, or satisfying the conditions of the exclusion under
				paragraph (A)(24) of rule
				3745-51-04 of the Administrative
				Code shall provide assurance that funds will be available if needed for care of
				the facility under rules
				3745-55-10 to
				3745-55-20 of the Administrative
				Code or rules
				3745-66-10 to
				3745-66-21 of the Administrative
				Code, as applicable,
Whereas, the Grantor has elected to
				establish a trust to provide all or part of such financial assurance for the
				facilities identified herein,
Whereas, the Grantor, acting through
				the Guarantor's duly authorized officers, has selected the Trustee to be the
				trustee under this agreement, and the Trustee is willing to act as trustee,
				Now, Therefore, the Grantor and the Trustee agree as follows:
Section 1.
										Definitions. As used in this Agreement:
(a)
											The term
			 "Grantor" means the owner or operator who enters into this Agreement and any
			 successors or assigns of the Grantor.
(b)
											The term
			 "Trustee" means the Trustee who enters into this Agreement and any successor
			 Trustee.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-170 - Use and management of containers

Current through all
			 regulations passed and filed through July 1, 2024
(A)
								Applicability.
			 This rule applies to hazardous secondary materials excluded under the
			 remanufacturing exclusion at paragraph (A)(27) of rule
			 3745-51-04 of the Administrative
			 Code.
(B)
								Condition of containers. If a container holding
			 hazardous secondary material is not in good condition (e.g., severe rusting,
			 apparent structural defects) or if the container begins to leak, the hazardous
			 secondary material shall be transferred from this container to a container that
			 is in good condition or managed in some other way that complies with the
			 requirements of Chapter 3745-51 of the Administrative Code.
(C)
								Compatibility of
			 hazardous secondary materials with containers. The container shall be made of
			 or lined with materials which will not react with, and are otherwise compatible
			 with, the hazardous secondary material to be stored, so that the ability of the
			 container to contain the material is not impaired.
(D)
								Management of
			 containers.
(1)
									A container holding hazardous secondary material shall
			 always be closed during storage, except when it is necessary to add or remove
			 the hazardous secondary material.
(2)
									A container
			 holding hazardous secondary material shall not be opened, handled, or stored in
			 a manner which may rupture the container or cause the container to
			 leak.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-190 - Applicability - tank systems

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								Rules
			 3745-51-190 to
			 3745-51-200 of the
			 Administrative Code apply to tank systems for storing or treating hazardous
			 secondary material excluded under the remanufacturing exclusion in paragraph
			 (A)(27) of rule
			 3745-51-04 of the Administrative
			 Code.
(B)
								"Tank systems," including "sumps," as defined in rule
			 3745-50-10 of the Administrative
			 Code, that serve as part of a secondary containment system to collect or
			 contain releases of hazardous secondary materials are exempted from the
			 requirements in paragraph (A) of rule
			 3745-51-193 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-191 - Assessment of existing tank system's integrity

Current through
			 all regulations passed and filed through July 1, 2024
(A)
								Tank systems
			 shall meet the secondary containment requirements of rule
			 3745-51-193 of the
			 Administrative Code, or the remanufacturer or other person who handles the
			 hazardous secondary material shall determine that the tank system is not
			 leaking or is unfit for use. Except as provided in paragraph (C) of this rule,
			 a written assessment reviewed and certified by a qualified professional
			 engineer shall be kept on file at the remanufacturer's facility or other
			 facility that stores or treats the hazardous secondary material that attests to
			 the tank system's integrity.
(B)
								This assessment
			 shall determine that the tank system is adequately designed and has sufficient
			 structural strength and compatibility with the materials to be stored or
			 treated, to ensure that the tank system will not collapse, rupture, or fail. At
			 a minimum, this assessment shall consider the following:
(1)
									Design standards,
			 if available, according to which the tank and ancillary equipment were
			 constructed;
(2)
									Hazardous characteristics of the materials that have
			 been and will be handled;
(3)
									Existing corrosion protection measures;
(4)
									Documented age of
			 the tank system, if available (otherwise, an estimate of the age);
			 and
(5)
									Results of a leak test, internal inspection, or other
			 tank integrity examination such that:
(a)
										For non-enterable
			 underground tanks, the assessment shall include a leak test that is capable of
			 taking into account the effects of temperature variations, tank end deflection,
			 vapor pockets, and high water table effects; and
(b)
										For other than
			 non-enterable underground tanks and for ancillary equipment, this assessment
			 shall include either a leak test, as described above, or other integrity
			 examination that is certified by a qualified professional engineer that
			 addresses cracks, leaks, corrosion, and erosion.
[Comment: The practices described in
				the American petroleum institute (API) publication, "Guide for Inspection of
				Refinery Equipment, Chapter XIII, Atmospheric and Low-Pressure Storage Tanks,"
				fourth edition, 1981, may be used, where applicable, as guidelines in
				conducting other than a leak test.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-193 - Containment and detection of releases - tank systems

Current
			 through all regulations passed and filed through July 1,
			 2024
(A)
								Secondary containment systems shall be:
(1)
									Designed,
			 installed, and operated to prevent any migration of materials or accumulated
			 liquid out of the system to the soil, ground water, or surface water at any
			 time during the use of the tank system; and
(2)
									Capable of
			 detecting and collecting releases and accumulated liquids until the collected
			 material is removed.
[Comment: If the collected material is
				a hazardous waste under Chapter 3745-51 of the Administrative Code, the
				collected material is subject to management as a hazardous waste in accordance
				with all applicable requirements of Chapters 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. If the collected material is discharged through a point
				source to waters of the United States, the collected material is subject to the
				requirements of Section 301, Section 304, and Section 402 of the Clean Water
				Act. If discharged to a publicly owned treatment works (POTW), the collected
				material is subject to the requirements of Section 307 of the Clean Water Act.
				If the collected material is released to the environment, the collected
				material may be subject to the reporting requirements of
				40 CFR Part
				302.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-194 - General operating requirements - tank systems

Current through
			 all regulations passed and filed through July 1, 2024
(A)
								Hazardous
			 secondary materials or treatment reagents shall not be placed in a tank system
			 if the hazardous secondary materials or treatment reagents could cause the
			 tank, the tank's ancillary equipment, or the containment system to rupture,
			 leak, corrode, or otherwise fail.
(B)
								The
			 remanufacturer or other person who stores or treats the hazardous secondary
			 material shall use appropriate controls and practices to prevent spills and
			 overflows from tank or containment systems, including, at a minimum:
(1)
									Spill prevention
			 controls (e.g., check valves, dry disconnect couplings);
(2)
									Overfill
			 prevention controls (e.g., level sensing devices, high level alarms, automatic
			 feed cutoff, or bypass to a standby tank); and
(3)
									Maintenance of
			 sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind
			 action or by precipitation.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-196 - Response to leaks or spills and disposition of leaking unfit-foruse tank systems

Current through all regulations passed and
			 filed through July 1, 2024
A tank system or secondary containment
				system from which there has been a leak or spill, or which is unfit for use,
				shall be removed from service immediately, and the remanufacturer or other
				person who stores or treats the hazardous secondary material satisfy the
				following requirements:
(A)
								Cessation of use; prevent flow or addition of
			 materials. The remanufacturer or other person who stores or treats the
			 hazardous secondary material shall immediately stop the flow of hazardous
			 secondary material into the tank system or secondary containment system and
			 inspect the tank system or secondary containment system to determine the cause
			 of the release.
(B)
								Removal of material from tank system or secondary
			 containment system.
(1)
									If the release was from the tank system, the
			 remanufacturer or other person who stores or treats the hazardous secondary
			 material shall, within twenty-four hours after detection of the leak or, if the
			 remanufacturer or other person who stores or treats the hazardous secondary
			 material demonstrates that it is not possible, at the earliest practicable
			 time, remove as much of the material as is necessary to prevent further release
			 of hazardous secondary material to the environment, and to allow inspection and
			 repair of the tank system to be performed.
(2)
									If the material
			 released was to a secondary containment system, all released materials shall be
			 removed within twenty-four hours or in as timely a manner as is possible to
			 prevent harm to human health and the environment.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-197 - Termination of remanufacturing exclusion - tank systems

Current
			 through all regulations passed and filed through July 1,
			 2024
Hazardous secondary material stored in
				units more than ninety days after the unit ceases to operate under the
				remanufacturing exclusion in paragraph (A)(27) of rule
				3745-51-04 of the Administrative
				Code or otherwise ceases to be operated for manufacturing, or for storage of a
				product or a raw material, then becomes subject to regulation as hazardous
				waste under Chapters
				3745-50 to
				3745-57,
				3745-65 to
				3745-69,
				3745-205,
				3745-256,
				3745-266, and
				3745-270 of the Administrative
				Code, as applicable.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-198 - Special requirements for ignitable or reactive materials - tank system

Current through all regulations passed and filed through July 1,
			 2024
(A)
								Ignitable or reactive material shall not be placed in
			 tank systems, unless the material is stored or treated in such a way that the
			 ignitable or reactive material is protected from any material or conditions
			 that may cause the material to ignite or react.
(B)
								The
			 remanufacturer or other person who stores or treats hazardous secondary
			 material which is ignitable or reactive shall store or treat the hazardous
			 secondary material in a tank that is in compliance with the requirements for
			 the maintenance of protective distances between the material management area
			 and any public ways, streets, alleys, or an adjoining property line that can be
			 built upon as required in the tables in the national fire protection
			 association's (NFPA) "Flammable and Combustible Liquids Code."
[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 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-199 - Special requirements for incompatible materials - tank systems

Current through all regulations passed and filed through July 1,
			 2024
(A)
								Incompatible materials shall not be placed in the same
			 tank system.
(B)
								Hazardous secondary material shall not be placed in a
			 tank system that has not been decontaminated and that previously held an
			 incompatible material.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-200 - Air emission standards - tank systems

Current through all
			 regulations passed and filed through July 1, 2024
The remanufacturer or other person who
				stores or treats the hazardous secondary material shall manage all hazardous
				secondary material placed in a tank in accordance with the applicable
				requirements of rules
				3745-51-730 to
				3745-51-735,
				3745-51-750 to
				3745-51-764, and
				3745-51-780 to
				3745-51-789 of the
				Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-400 - Applicability - emergency preparedness and response for management of excluded hazardous secondary materials

Current through all regulations
			 passed and filed through July 1, 2024
Rules
				3745-51-400 to
				3745-51-420 of the
				Administrative Code apply to those areas of an entity managing hazardous
				secondary materials excluded under paragraphs (A)(23) and (A)(24) of rule
				3745-51-04 of the Administrative
				Code where hazardous secondary materials are generated or accumulated
				on-site.
(A)
								A generator of hazardous secondary material, or an
			 intermediate or reclamation facility operating under a verified recycler
			 variance under paragraph (D) of rule
			 3745-50-24 of the Administrative
			 Code, that accumulates six thousand kilograms (kg) or less of hazardous
			 secondary material at any time shall comply with rules
			 3745-51-410 and
			 3745-51-411 of the
			 Administrative Code.
(B)
								A generator of hazardous secondary material, or an
			 intermediate or reclamation facility operating under a verified recycler
			 variance under paragraph (D) of rule
			 3745-50-24 of the Administrative
			 Code that accumulates more than six thousand kilograms of hazardous secondary
			 material at any time shall comply with rules
			 3745-51-410 and
			 3745-51-420 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-410 - Preparedness and prevention - emergency preparedness and response for management of excluded hazardous secondary materials

Current through all
			 regulations passed and filed through July 1, 2024
(A)
								Maintenance and
			 operation of facility. Facilities generating or accumulating hazardous
			 secondary material shall be maintained and operated to minimize the possibility
			 of a fire, explosion, or any unplanned sudden or non-sudden release of
			 hazardous secondary materials or hazardous secondary material constituents to
			 air, soil, or surface water which could threaten human health or the
			 environment.
(B)
								Required equipment. All facilities generating or
			 accumulating hazardous secondary material shall be equipped with the following,
			 unless none of the hazards posed by hazardous secondary material handled at the
			 facility could require a particular kind of equipment specified here:
(1)
									An internal
			 communications or alarm system capable of providing immediate emergency
			 instruction (voice or signal) to facility personnel;
(2)
									A device, such as
			 a telephone (immediately available at the scene of operations) or a hand-held
			 two-way radio, capable of summoning emergency assistance from local police
			 departments, fire departments, or state or local emergency response
			 teams;
(3)
									Portable fire extinguishers, fire control equipment
			 (including special extinguishing equipment, such as that using foam, inert gas,
			 or dry chemicals), spill control equipment, and decontamination equipment;
			 and
(4)
									Water at adequate volume and pressure to supply water
			 hose streams, or foam producing equipment, or automatic sprinklers, or water
			 spray systems.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-411 - Emergency procedures for facilities generating or accumulating six thousand kilograms or less of hazardous secondary material

Current through
			 all regulations passed and filed through July 1, 2024
A generator or an intermediate or
				reclamation facility operating under a verified recycler variance under
				paragraph (D) of rule
				3745-50-24 of the Administrative
				Code that generates or accumulates six thousand kilograms or less of hazardous
				secondary material shall comply with the following requirements:
(A)
								At all times
			 there shall be at least one employee either on the premises or on call (i.e.,
			 available to respond to an emergency by reaching the facility within a short
			 period of time) with the responsibility for coordinating all emergency response
			 measures specified in paragraph (D) of this rule. This employee is the
			 emergency coordinator.
(B)
								The generator or intermediate or reclamation facility
			 operating under a verified recycler variance under paragraph (D) of rule
			 3745-50-24 of the Administrative
			 Code shall post the following information next to the telephone:
(1)
									The name and
			 telephone number of the emergency coordinator;
(2)
									Location of fire
			 extinguishers and spill control material, and, if present, fire alarm;
and
(3)
									The telephone
			 number of the fire department, unless the facility has a direct
			 alarm.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-420 - Contingency planning and emergency procedures for facilities generating or accumulating more than six thousand kilograms of hazardous secondary material

Current through all regulations passed and
			 filed through July 1, 2024
A generator or an intermediate or
				reclamation facility operating under a verified recycler variance under
				paragraph (D) of rule
				3745-50-24 of the Administrative
				Code that generates or accumulates more than six thousand kilograms of
				hazardous secondary material shall comply with the following
				requirements:
(A)
								Purpose and implementation of contingency plan.
(1)
									Each generator or
			 an intermediate or reclamation facility operating under a verified recycler
			 variance under paragraph (D) of rule
			 3745-50-24 of the Administrative
			 Code that accumulates more than six thousand kilograms of hazardous secondary
			 material shall have a contingency plan for the facility. The contingency plan
			 shall be designed to minimize hazards to human health or the environment from
			 fires, explosions, or any unplanned sudden or non-sudden release of hazardous
			 secondary material or hazardous secondary material constituents to air, soil,
			 or surface water.
(2)
									The provisions of the contingency plan shall be carried
			 out immediately whenever there is a fire, explosion, or release of hazardous
			 secondary material or hazardous secondary material constituents which could
			 threaten human health or the environment.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-730 - Applicability - air emission standards for process vents

Current
			 through all regulations passed and filed through July 1,
			 2024
Rules
				3745-51-730 to
				3745-51-735 of the
				Administrative Code apply to process vents associated with distillation,
				fractionation, thin-film evaporation, solvent extraction, or air or steam
				stripping operations that manage hazardous secondary materials excluded under
				the remanufacturing exclusion in paragraph (A)(27) of rule
				3745-51-04 of the Administrative
				Code with concentrations of at least ten parts per million by weight unless the
				process vents are equipped with operating air emission controls in accordance
				with the requirements of an applicable Clean Air Act regulation codified under
				40 CFR Part 60, Part
				61, or Part
				63.
[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 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-731 - Definitions - air emission standards for process vents

Current
			 through all regulations passed and filed through July 1,
			 2024
As used in rules
				3745-51-730 to
				3745-51-735 of the
				Administrative Code, all terms not defined herein have the meanings given in
				the Resource Conservation and Recovery Act and Chapters
				3745-50 to
				3745-57,
				3745-65 to
				3745-69,
				3745-205,
				3745-256, and
				3745-266 of the Administrative
				Code.
(A)
								"Air stripping operation" is a desorption operation
			 employed to transfer one or more volatile components from a liquid mixture into
			 a gas (air) either with or without the application of heat to the liquid.
			 Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers
			 are among the process configurations used for contacting the air and a
			 liquid.
(B)
								"Bottoms receiver" means a container or tank used to
			 receive and collect the heavier bottoms fractions of the distillation feed
			 stream that remain in the liquid phase.
(C)
(1)
									"Closed-vent system" means a system that is not open to
			 the atmosphere and that is composed of piping, connections, and, if necessary,
			 flow-inducing devices that transport gas or vapor from a piece or pieces of
			 equipment to a control device.
(2)
									"Condenser" means
			 a heat-transfer device that reduces a thermodynamic fluid from its vapor phase
			 to its liquid phase.
(3)
									"Connector" means flanged, screwed, welded, or other
			 joined fittings used to connect two pipelines or a pipeline and a piece of
			 equipment. For the purposes of reporting and recordkeeping, connector means
			 flanged fittings that are not covered by insulation or other materials that
			 prevent location of the fittings.
(4)
									"Continuous
			 recorder" means a data-recording device recording an instantaneous data value
			 at least once every fifteen minutes.
(5)
									"Control device"
			 means an enclosed combustion device, vapor recovery system, or flare. Any
			 device the primary function of which is the recovery or capture of solvents or
			 other organics for use, reuse, or sale (e.g., a primary condenser on a solvent
			 recovery unit) is not a control device.
(6)
									"Control device
			 shutdown" means the cessation of operation of a control device for any
			 purpose.