Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-54 - General Facility Standards-New Facilities › Section 3745-54-01 - Purpose, scope, and applicability of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code

Current through all regulations
			 passed and filed through July 1, 2024
(A) The purpose of Chapters 3745-54 to
			 3745-57 and 3745-205 of the Administrative Code is to establish minimum
			 standards which define the acceptable management of hazardous waste.
(B) Chapters 3745-54 to 3745-57 and 3745-205
			 of the Administrative Code apply to owners and operators of all facilities
			 which treat, store, or dispose of hazardous waste, except as specifically
			 provided otherwise in Chapters 3745-54 to 3745-57 and 3745-205 or Chapter
			 3745-51 of the Administrative Code.
(C) [Reserved.]
(D) Chapters 3745-54 to 3745-57 and 3745-205
			 of the Administrative Code apply to a person disposing of hazardous waste by
			 means of underground injection subject to a permit issued under an underground
			 injection control program approved or promulgated under the Safe Drinking Water
			 Act, only to the extent specified in rule
			 3745-34-09 of the Administrative
			 Code.
[Comment: Chapters 3745-54 to 3745-57 and 3745-205 of the
				Administrative Code apply to the above-ground treatment or storage of hazardous
				waste before the hazardous waste is injected underground.]
(E) Chapters 3745-54 to 3745-57 and 3745-205
			 of the Administrative Code apply to the owner or operator of a publicly owned
			 treatment works (POTW) which treats, stores, or disposes of hazardous waste
			 only to the extent such activities are included in a permit granted to such a
			 person under Chapter 3745-50 of the Administrative Code.
(F) [Reserved.]
(G) Chapters 3745-54 to 3745-57 and 3745-205
			 of the Administrative Code do not apply to:
(1) The owner or operator of a facility
			 permitted, licensed, or registered by a state to manage municipal or industrial
			 waste, if the only hazardous waste the facility treats, stores, or disposes of
			 is excluded from regulation under Chapters 3745-54 to 3745-57 and 3745-205 of
			 the Administrative Code by rule
			 3745-52-14 of the Administrative
			 Code;
(2) The owner or operator of
			 a facility managing recyclable materials described in paragraphs (A)(2),
			 (A)(3), and (A)(4) of rule
			 3745-51-06 of the Administrative
			 Code, except to the extent recyclable materials are referred to in Chapter
			 3745-279 or rules
			 3745-266-20 to
			 3745-266-23,
			 3745-266-70,
			 3745-266-80, or
			 3745-266-100 to
			 3745-266-112 of the
			 Administrative Code;
(3) A
			 generator accumulating hazardous waste on-site in compliance with rule
			 3745-52-14,
			 3745-52-15,
			 3745-52-16, or
			 3745-52-17 of the Administrative
			 Code;
(4) A farmer disposing of
			 waste pesticides from the farmer's own use in compliance with rule
			 3745-52-70 of the Administrative
			 Code; or
(5) The owner or operator
			 of a "totally enclosed treatment facility," as defined in rule
			 3745-50-10 of the Administrative
			 Code.
(6) The owner or operator of
			 an "elementary neutralization unit" or a "wastewater treatment unit" as defined
			 in rule 3745-50-10 of the Administrative
			 Code, provided that if the owner or operator is diluting hazardous ignitable
			 (D001) waste [other than the D001 high total organic carbon (TOC) subcategory
			 described in rule
			 3745-270-40 of the
			 Administrative Code in the table of treatment standards for hazardous waste],
			 or reactive (D003) waste, to remove the characteristic before land disposal,
			 the owner or operator shall comply with paragraph (B) of rule
			 3745-54-17 of the Administrative
			 Code.
(7) [Reserved.]
(8)
(a)
			 Except as provided in paragraph (G)(8)(b) of this rule, a person engaged in
			 treatment or containment activities during immediate response to any of the
			 following situations:
(i) A discharge of a
			 hazardous waste;
(ii) An imminent
			 and substantial threat of a discharge of hazardous waste;
(iii) A discharge of a material which, when
			 discharged, becomes a hazardous waste; or
(iv) An immediate threat to human health,
			 public safety, property, or the environment, from the known or suspected
			 presence of military munitions, other explosive material, or an explosive
			 device, as determined by an "explosives or munitions emergency response
			 specialist" as defined in rule
			 3745-50-10 of the Administrative
			 Code.
(b) An owner or
			 operator of a facility otherwise regulated by Chapters 3745-54 to 3745-57 and
			 3745-205 of the Administrative Code shall comply with all applicable
			 requirements of rules
			 3745-54-30 to
			 3745-54-37 and
			 3745-54-50 to
			 3745-54-56 of the Administrative
			 Code.
(c) Any person who is covered
			 by paragraph (G)(8)(a) of this rule and who continues or initiates hazardous
			 waste treatment or containment activities after the immediate response is over
			 is subject to all applicable requirements of Chapters 3745-54 to 3745-57 and
			 3745-205 of the Administrative Code and
			 40 CFR Part 122, 40
			 CFR Part
			 123, and
			 40
			 CFR Part
			 124 for those
			 activities.
(d) In the case of an
			 explosives or munitions emergency response, if a federal, state, or local
			 official acting within the scope of the official's official responsibilities,
			 or an explosives or munitions emergency response specialist, determines that
			 immediate removal of the material or waste is necessary to protect human health
			 or the environment, that official or specialist may authorize the removal of
			 the material or waste by transporters who do not have U.S. EPA identification
			 numbers and without the preparation of a manifest. In the case of emergencies
			 involving military munitions, the responding military emergency response
			 specialist's organizational unit shall retain records for three years
			 identifying the dates of the response, the names of the responsible persons
			 responding, the type and description of material addressed, and the disposition
			 of the material.
(9) A
			 transporter storing manifested shipments of hazardous waste in containers in
			 compliance with rule
			 3745-52-30 of the Administrative
			 Code at a transfer facility for a period of ten days or less.
(10) The addition of absorbent material to
			 waste in a "container," as defined in rule
			 3745-50-10 of the Administrative
			 Code, or the addition of waste to absorbent material in a container, provided
			 that these actions occur at the time waste is first placed in the container,
			 and rules
			 3745-55-71,
			 3745-55-72, and paragraph (B) of
			 rule 3745-54-17 of the Administrative
			 Code are complied with.
(11)
			 "Universal waste handlers" and "universal waste transporters," as defined in
			 rule 3745-50-10 of the Administrative
			 Code, handling the wastes listed in paragraphs (G)(11)(a) to (G)(11)(e) and
			 (G)(11)(f) of this rule. These handlers are subject to regulation under Chapter
			 3745-273 of the Administrative Code when handling these universal wastes:
(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 waste as described in rule
			 3745-273-89 of the
			 Administrative Code.
(12) [Reserved.]
(13) 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 in lieu of Chapters
			 3745-54 to
			 3745-57 and
			 3745-205 of the Administrative
			 Code for the accumulation of potentially creditable hazardous waste
			 pharmaceuticals and evaluated hazardous waste pharmaceuticals.