reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-31 - Exemptions

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The director, by order, may exempt any person generating, collecting, storing,
			 treating, disposing of, or transporting hazardous wastes in such quantities or
			 under such circumstances that, in the determination of the director, are
			 unlikely to adversely affect the public health or safety or the environment
			 from any requirement to obtain a hazardous waste facility installation and
			 operation permit or comply with the manifest system or other requirements of
			 Chapter 3734. of the Revised Code and rules adopted thereunder. Such an
			 exemption shall be consistent with and equivalent to any regulations adopted by
			 the administrator under the Resource Conservation and Recovery Act of 1976,
			  except as
			 otherwise provided in Chapter 3734. of the Revised Code.
(B) Applications for exemptions shall contain
			 such detail plans, specifications and information regarding objectives,
			 procedures, controls, and other pertinent data as are necessary to
			 satisfactorily demonstrate to the director that the issuance of the exemption
			 will not adversely affect public health or safety or the environment. The
			 director may require such additional information as the director deems
			 necessary.
(C) An incomplete
			 application will not be considered. Within sixty days after the date of receipt
			 of an incomplete application, the applicant will be notified in writing of the
			 nature of any deficiency and of the director's refusal to consider the
			 application until the application is complete.
[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 3745-50 - Hazardous Waste Management System-General › Section 3745-50-31.1 - Variances from classification as a waste. [Rescinded]

Current
			 through all regulations passed and filed through July 1,
			 2024
Rescinded and replaced by new 3745-50-23, eff. 12-7-04
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-31.2 - Standards and criteria for variances from classification as a waste. [Rescinded]

Current through all regulations passed and
			 filed through July 1, 2024
Rescinded and replaced by new 3745-50-24, eff. 12-7-04
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-31.3 - Variance to be classified as a boiler. [Rescinded]

Current
			 through all regulations passed and filed through July 1,
			 2024
Rescinded and replaced by new 3745-50-25, eff. 12-7-04
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-31.4 - Procedures for variances from classification as a waste or to be classified as a boiler. [Rescinded]

Current through all regulations passed and
			 filed through July 1, 2024
Rescinded and replaced by new 3745-50-26, eff. 12-7-04
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-31.5 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis. [Rescinded]

Current through all regulations
			 passed and filed through July 1, 2024
Rescinded and replaced by new 3745-50-27, eff. 12-7-04
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-31.6 - Procedures for case-by-case regulation of hazardous waste recycling activities. [Rescinded]

Current through all regulations passed and
			 filed through July 1, 2024
Rescinded and replaced by new 3745-50-28, eff. 12-7-04
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-32 - Definitions - fee rules

Current through all regulations passed and
			 filed through July 1, 2024
When used in rules
				3745-50-33
				to
				3745-50-36
				of the Administrative Code, the following terms have the meanings given:
(A) "On-site facility" means a facility that
			 treats or disposes of hazardous waste that is generated on the premises of the
			 facility.
(B) "Off-site facility"
			 means a facility that treats or disposes of hazardous waste that is generated
			 off the premises of the facility.
(C) "Satellite facility" means any of the
			 following:
(1) An on-site facility that also
			 receives hazardous waste from other premises owned by the same person who
			 generates the waste on the facility premises.
(2) An off-site facility operated so that all
			 of the hazardous waste the facility receives is generated on one or more
			 premises owned by the person who owns the facility.
(3) An on-site facility that also receives
			 hazardous waste that is transported uninterrupted and directly to the facility
			 through a pipeline from a generator who is not the owner of the
			 facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-33 - Fees for the off-site disposal of hazardous waste

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Owners or operators of disposal facilities that are "off-site facilities," as
			 defined in rule
			 3745-50-32
			 of the Administrative Code, and which hold a permit, shall collect fees
			 in accordance with section
			 3734.18
			 of the Revised Code on the disposal of hazardous waste
			 .
(B) The owner or operator of the
			 hazardous waste facility shall prepare and file with the director monthly
			 returns showing the total tonnage received for disposal at the gate of the
			 facility, and the total amount of the fee to be submitted to the director. Each
			 such return shall be filed by submitting the same to the director with payment
			 of the amount of the fee shown to be due therein. Each such return shall be
			 filed on or before the fortieth day after the end of the month to which the
			 return applies.
(C) The time within
			 which the owner or operator is required to file the return in paragraph (B) of
			 this rule may be extended not more than thirty days, provided an application
			 requesting such extension, with an accompanying detailed description as to why
			 such extension is requested, is filed in writing and has been received by the
			 director to be filed, and such application has been approved by the
			 director.
(D) The owner or operator
			 of the hazardous waste facility shall keep at the facility a daily log
			 containing the information required to be in the return filed with the director
			 pursuant to paragraph (B) of this rule. The daily log shall be available for
			 viewing by the director or the director's authorized representative during
			 normal operating hours. The daily log shall be preserved for a period of three
			 years and such retention period is automatically extended during the course of
			 any unresolved enforcement action regarding the facility or as ordered by the
			 director.
(E) Fees, returns, and
			 extension of time applications required to be filed with the director under
			 this rule may be mailed to the following address: "Ohio EPA, Hazardous Waste
			 Management Program, P.O. Box 1049, Columbus, Ohio" 43216-1049, or may be
			 submitted electronically.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-34 - Fees for on-site or satellite disposal of hazardous waste

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Owners or operators of disposal facilities that are an "on-site facility" or a
			 "satellite facility," as defined in rule
			 3745-50-32
			 of the Administrative Code, and which hold a permit, shall pay fees
			 
								in accordance with section
			 3734.18
			 of the Revised Code on the disposal of hazardous waste.
(B)
								Section
			 3734.18
			 of the Revised Code prescribes the maximum annual disposal fee for the
			 following types of facilities:
(1)
									An on-site facility that disposes of one hundred
			 thousand tons or less of hazardous waste in a year.
(2)
									An on-site
			 facility that disposes of more than one hundred thousand tons of hazardous
			 waste in a year by land application or land filling.
(3)
									An on-site
			 facility that disposes of more than one hundred thousand tons of hazardous
			 waste in a year by deep well injection.
(4)
									A satellite
			 facility that disposes of one hundred thousand tons or less of hazardous waste
			 in a year.
(5)
									A satellite facillity that disposes of more than one
			 hundred thousand tons of hazardous waste in a year, except that "satellite
			 facility" as defined in paragraph (C) of rule
			 3745-50-32
			 of the Administrative Code that receives waste from a single generation site is
			 subject to the same maximum annual disposal fees as an on-site
			 facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-35 - Fees for the treatment of hazardous waste

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Owners or operators of treatment facilities that are not an "on-site facility"
			 or a "satellite facility," as defined in rule
			 3745-50-32
			 of the Administrative Code, and which hold a hazardous waste facility
			 installation and operation permit, or are not subject to the hazardous waste
			 facility installation and operation permit requirements under rules adopted by
			 the director, or are operating in accordance with a permit by rule under rules
			 adopted by the director, shall collect a fee amount 
								in
			 accordance with section
			 3734.18
			 of the Revised Code on hazardous waste treated at the facility.
(B) As used in this rule, "treatment" does
			 not include any method, technique, or process designed to recover energy or
			 material resources from the waste or to render the waste amenable for recovery.
			 The fees to be collected under this rule do not apply to hazardous waste that
			 is treated and disposed of on the same premises or by the same
			 person.
(C) The owner or operator
			 of the hazardous waste facility subject to paragraph (A) of this rule shall
			 prepare and file with the director monthly returns showing the total tonnage
			 treated and the total amount of the fee to be submitted to the director. Each
			 such return shall be filed by submitting the same to the director together with
			 payment of the amount of the fee shown to be due therein. Each such return
			 shall be filed on or before the fortieth day after the end of the month to
			 which the return applies.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-36 - Annual hazardous waste permit fees

Current through all
			 regulations passed and filed through July 1, 2024
(A) On each anniversary of the date of
			 issuance of the hazardous waste facility installation and operation permit and
			 of any subsequent renewal permits, the owner or operator of that facility shall
			 pay to the director an annual permit fee. Annual permit fees totaling forty
			 thousand dollars or more for any one facility may be paid on a quarterly basis,
			 with the first quarterly payment each year being due on the anniversary of the
			 date of issuance of the hazardous waste facility installation and operation
			 permit and of any subsequent renewal permits.
(B) The annual permit fee shall be determined
			 for each permit holder in accordance with sections
			 3734.02
			 and
			 3734.18
			 of the Revised Code.
(C)
			 For a hazardous waste facility subject to the payment of an annual permit fee
			 under paragraph (A) of this rule, additional payments for multiple units of the
			 same method of storage, treatment, or disposal, or for individual units that
			 are used for both storage and treatment shall not be made. A facility using
			 more than one method of storage, treatment, or disposal is subject to the
			 permit fee  for
			 each such method.
(D) Payment shall
			 not be made for the portion of an annual permit fee that would apply to a
			 hazardous waste management unit for which a permit has been issued but for
			 which construction has not yet commenced. Once construction has commenced,
			 payment shall be prorated on a daily basis, computed upon the number of days
			 from the commencement of construction until the next anniversary date when the
			 payment of the annual fee is due.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-37 - Permit application fee

Current through all regulations passed and filed
			 through July 1, 2024
Upon application for a hazardous waste facility installation
				and operation permit or upon application for a renewal permit issued under
				section
				3734.05 of
				the Revised Code, an application fee  shall be paid by the applicant to the director
				in accordance with section
				3734.02
				of the Revised Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-41 - Application for a permit

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Permit application. Any person who is required to have a permit (including new
			 applicants and permittees with expiring permits) shall complete, sign, and
			 submit an application to the director as described in Chapter 3745-50 of the
			 Administrative Code. Persons currently authorized with a permit by rule under
			 paragraph (C) of rule
			 3745-50-40
			 of the Administrative Code shall submit to the director a "Part B" application
			 for a hazardous waste facility installation and operation permit for the
			 facility within one hundred eighty days after the director requests the
			 application or upon a later date if the owner or operator of the facility
			 demonstrates to the director good cause for the late submittal. Persons covered
			 by paragraph (A) of rule
			 3745-50-46 of the
			 Administrative Code need not apply. Procedures for applications, issuance, and
			 administration of emergency permits are in rule
			 3745-50-57 of
			 the Administrative Code.
(B)
								 When a facility or activity is
			 owned by one person but is operated by another person, the operator and owner
			 shall sign the permit application.
(C) Completeness.
(1) The director shall not issue a permit
			 before receiving a complete application for a permit except for permits by
			 rule, or emergency permits. An application for a permit (form 8700-23, and Ohio EPA form 9027, Ohio EPA form 9028, and Ohio EPA
			 form 9029, and any other forms required by the director, the "Part A"
			 permit application) is complete when the director receives an application form
			 and any supplemental information which are completed to the director's
			 satisfaction. An application for a permit is complete notwithstanding the
			 failure of the owner or operator to submit the exposure information described
			 in paragraph (E) of rule
			 3745-50-40
			 of the Administrative Code. The director may deny a permit for the active life
			 of a hazardous water management facility or unit before receiving a complete
			 application for the permit.
(2)
									
									[Reserved.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-42 - Signatories to permit applications and reports

Current through all
			 regulations passed and filed through July 1, 2024
(A) Applications. All permit applications
			 shall be signed as follows:
(1) For a
			 corporation.
			 By a responsible corporate officer. For the purpose of this rule, a
			 "responsible corporate officer" means either:
(a) A president, secretary, treasurer, or
			 vice president of the corporation in charge of a principal business function,
			 or any other person who performs similar policy-making or decision-making
			 functions for the corporation.
(b)
			 The manager of one or more manufacturing, production, or operating facilities
			 employing more than two hundred fifty persons or having gross annual sales or
			 expenditures exceeding twenty-five million dollars (in second quarter 1980
			 dollars), if authority to sign documents has been assigned or delegated to the
			 manager in accordance with corporate procedures.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-43 - Contents of "Part A" of the permit application

Current through all regulations passed and filed
			 through July 1, 2024
"Part A" of the hazardous waste permit application shall
				include the following information:
(A)
			 The activities conducted by the applicant which require the applicant to obtain
			 an Ohio hazardous waste permit under Ohio law.
(B) Name, mailing address, and location,
			 including latitude and longitude, of the facility for which the application is
			 submitted.
(C) Up to four "North
			 American Industry Classification Systems" (NAICS) codes which best reflect the
			 principal products or services provided by the facility.
(D) The operator's name, address, telephone
			 number, ownership status, and status as federal, state, private, public, or
			 other entity.
(E) The name,
			 address, and telephone number of the owner of the facility.
(F) [Reserved.]
(G) An indication of whether the facility is
			 new or existing, and whether the application is a first or a revised
			 application.
(H) For existing
			 facilities:
(1) A scale drawing of the facility showing
			 the location of all past, present, and future treatment, storage, and disposal
			 areas;
			 and
(2) Photographs of the
			 facility clearly delineating :
(a) All existing structures;
(b) Existing treatment, storage, and disposal
			 areas;
			 and
(c) Sites of future
			 treatment, storage, and disposal areas.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-46 - Permits by rule

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Notwithstanding any other provision of 
								Chapter 3745-50 of the Administrative Code, a
			 publicly owned treatment works (POTW) shall be
			 deemed to have a hazardous waste permit if  the following conditions
			 are met:
(1)
									
									The POTW
			 has an Ohio national pollutant discharge elimination system (NPDES)
			 permit that complies with :
(a) The conditions of the NPDES permit; and
(b) The following rules:
(i) Rule
			 3745-54-11
			 of the Administrative Code, U.S. EPA identification number;
(ii) Rule
			 3745-54-71
			 of the Administrative Code, use of manifest system;
(iii) Rule
			 3745-54-72
			 of the Administrative Code, manifest discrepancies;
(iv) Paragraphs (A) and (B)(1) of rule
			 3745-54-73 of
			 the Administrative Code, operating record;
(v) Rule
			 3745-54-75 of the
			 Administrative Code, biennial report;
(vi)
			 Rule
			 3745-54-76
			 of the Administrative Code, unmanifested waste report; and
(vii) For NPDES permits issued after November
			 8, 1984, rule
			 3745-54-101
			 of the Administrative Code; and
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-48 - Requirements for recording and reporting of monitoring results

Current through all regulations passed and filed
			 through July 1, 2024
All permits issued pursuant to a review of a "Part B"
				application 
								shall specify:
(A) Requirements concerning the proper use,
			 maintenance, and installation, when appropriate, of monitoring equipment or
			 methods (including biological monitoring methods when appropriate);
(B) Required monitoring including type,
			 intervals, and frequency sufficient to yield data which are representative of
			 the monitored activity including, when appropriate, continuous monitoring;
			 and
(C) Applicable reporting
			 requirements based upon the potential impact of the regulated activity and as
			 specified in Chapters 3745-54 to 3745-57,
								 3745-205, and
			 3745-266 of the Administrative Code. Reporting shall be no less frequent
			 than specified in Chapters 3745-54 to 3745-57,
								 3745-205, and
			 3745-266 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-49 - Effect of a permit

Current through all regulations passed and
			 filed through July 1, 2024
(A)
(1) Compliance with an Ohio
			 hazardous waste permit during the term of the permit constitutes compliance,
			 for purposes of enforcement, with Chapters 
									3745-50 to
			 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and 3745-256,
			 3745-266, 3745-270, 3745-273, and 3745-279 of the
			 Administrative Code, except for those requirements not included in the permit
			 which :
(a) Become effective by
			 Ohio statute;
(b) Are
			 promulgated under Chapter 3745-270 of the Administrative Code restricting the
			 placement of hazardous wastes in or on the land;
(c) Are promulgated under Chapters 3745-54 to
			 3745-57 and 3745-205 of the Administrative Code regarding leak detection
			 systems for new and replacement surface impoundment, waste pile, and landfill
			 units, and lateral expansions of surface impoundment, waste pile, and landfill
			 units. The leak detection system requirements include double liners,
			 construction quality assurance programs, monitoring, action leakage rates, and
			 response action plans, and 
										will be implemented through "Class 1" permit
			 modifications as provided in the appendix to rule
			 3745-50-51 of the Administrative
			 Code;
			 or
(d) Are promulgated under
			 
										rules
			 3745-256-30 to
			 3745-256-35,
			 3745-256-50 to
			 3745-256-64, and
			 3745-256-80 to
			 3745-256-90 of the
			 Administrative Code limiting air emissions.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-50 - Schedules of compliance

Current through all regulations passed and
			 filed through July 1, 2024
(A) The permit may, when appropriate, specify
			 a schedule of compliance leading to compliance with Chapter 3734. of the
			 Revised Code and rules adopted thereunder.
(1) Time for compliance. Any schedule of
			 compliance under this rule shall require compliance as soon as
			 possible.
(2) Interim dates. Except
			 as provided in paragraph (B)(1)(b) of this rule, if a permit establishes a
			 schedule of compliance which exceeds one year from the date of permit issuance,
			 the schedule shall provide interim requirements and the dates for their
			 achievement.
(a) The time between interim
			 dates shall not exceed one year.
(b) If the time necessary for completion of
			 any interim requirement is more than one year and is not readily divisible into
			 stages for completion, the permit shall specify interim dates for the submittal
			 of reports of progress toward completion of the interim requirements and
			 indicate a projected completion date.
(3) Reporting.
									The permit
			 shall be written to require that no later than fourteen days following each
			 interim date and the final date of compliance, the permittee shall notify the
			 director in writing of
			 the
			 permittee's compliance or noncompliance with the interim or final
			 requirements.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-51 - Permit modifications

Current through all regulations passed
			 and filed through July 1, 2024
(A) As used in this rule, "modification"
			 means a change or alteration to a hazardous waste facility or the facility's
			 operations that is inconsistent with or not authorized by the facility's
			 existing permit or authorization to operate. "Modification application" means a
			 request for a modification submitted in accordance with division (I) of section
			 3734.05 of the Revised Code. A
			 hazardous waste facility permit may be modified at the request of the director
			 or upon the written request of the permittee only if :
(1) The permittee desires to accomplish
			 alterations, additions, or deletions to the permitted facility or to undertake
			 alterations, additions, deletions, or activities that are inconsistent with or
			 not authorized by the existing permit; or
(2)
			 New information or data justify permit conditions in addition to or different
			 from those in the existing permit; or
(3)
			 The standards, criteria, or rules upon which the existing permit is based have
			 been changed by new, amended, or rescinded standards, criteria, or rules, or by
			 judicial decision after the existing permit was issued, and the change
			 justifies permit conditions in addition to or different from those in the
			 existing permit;
			 or
(4) The permittee proposes
			 to transfer the permit to another person.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-52 - Transfer of permits

Current through all regulations passed and
			 filed through July 1, 2024
(A) As used in this rule, "owner" means a
			 person who owns a majority or controlling interest in the facility, "operator"
			 means a person who is responsible for the overall operation of a facility, and
			 off-site facility has the same meaning as in section
			 3734.41
			 of the Revised Code.
(B) A
			 hazardous waste facility installation and operation permit may be transferred
			 by the permittee to a new owner or operator only if the permit has been
			 modified under paragraph
			 (C)  of this rule to identify the new permittee and incorporate
			 such other requirements as may be necessary under applicable law.
(C) A change in the owner or operator of a
			 facility:
(1) That is not an off-site facility
			 shall be processed as a "Class 1" modification requiring prior written approval
			 of the director in accordance with rule
			 3745-50-51
			 of the Administrative Code.
(2)
			 That is an off-site facility shall be processed as a "Class 3" modification in
			 accordance with rule
			 3745-50-51
			 of the Administrative Code.
(a) Given the
			 potential for harm to the public health and safety and the environment that
			 could result from irresponsible operation of an off-site facility, for transfer
			 of a permit to a new owner or operator of an off-site facility:
(i) The director shall determine whether both
			 of the following:
(a) The new owner or
			 operator has been engaged in any prior activity involving the transportation,
			 treatment, storage, or disposal of hazardous waste.
(b) The new owner or operator has a history
			 of compliance with all of the following:
(i)
			 Chapters 3734., 3704., and 6111. of the Revised Code and all rules and
			 standards adopted thereunder.
(ii)
			 The Resource Conservation and Recovery Act (RCRA), and all regulations adopted
			 thereunder.
(iii) Similar laws and
			 rules of another state if the new owner or operator owns or operates a facility
			 in that state.
(ii) If the director determines that the new
			 owner or operator demonstrates sufficient reliability, expertise, and
			 competency to operate a hazardous waste facility in compliance with Chapters
			 3734., 3704., and 6111. of the Revised Code, all rules and standards adopted
			 thereunder, and terms and conditions of a hazardous waste facility installation
			 and operation permit, then the permit may be transferred to the new owner or
			 operator, provided that all applicable provisions of rule
			 3745-50-51
			 of the Administrative Code have been satisfied.
[Comment: If applicable, the owner or operator also may have to
				comply with section
				3734.42
				of the Revised Code.]
(b)
										[Reserved.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-53 - Permit revocation

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The following are causes for revoking a permit during the term of the permit:
(1) Noncompliance by the permittee with any
			 condition of the permit, any section of Chapter 3734. of the Revised Code, or
			 any rule adopted thereunder; or
(2)
			 The permittee's failure in the application or during the permit issuance
			 process to disclose fully all relevant facts, or the permittee's
			 misrepresentation of any relevant facts at any time; or
(3) A determination that the permitted
			 activity endangers human health or the environment
									and can only be regulated
			 to acceptable levels by permit modification or revocation; or
(4) Any of the causes in section
			 3734.45 of
			 the Revised Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-54 - Duration of permits

Current through all regulations passed and
			 filed through July 1, 2024
(A) Ohio hazardous waste permits
			 shall be
			 effective for a fixed term not to exceed ten years.
(B) Except as provided in rule
			 3745-50-56
			 of the Administrative Code, the term of a permit shall not be
			 extended by modification beyond the maximum duration specified in this
			 rule.
(C) The director may issue
			 the permit for a duration that is less than the full allowable term under this
			 rule.
(D) The director will review
			 each permit for a land disposal facility five years after the date of permit
			 issuance and the permit will be modified as necessary, as provided in rule
			 3745-50-51
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-56 - Continuation of expiring permits

Current through all regulations
			 passed and filed through July 1, 2024
A facility operating pursuant to a hazardous waste permit that
				has expired may continue to operate in accordance with the terms and conditions
				of the expired permit until the renewal permit is issued or denied if
				the following apply:
(A) The permittee has submitted a timely and
			 complete application for a renewal permit under rule
			 3745-50-40
			 of the Administrative Code.
(B)
			 Through no fault of the permittee, a new permit has not been issued pursuant to
			 rule
			 3745-50-40
			 of the Administrative Code on or before the expiration date of the previous
			 permit.
Effective: 3/24/2017
Five Year
				Review (FYR) Dates: 11/29/2016 and
				11/29/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3734.12
Rule
				Amplifies: 3734.12
Prior
				Effective Dates: 03/04/1985
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-57 - Emergency permits

Current through all regulations passed and
			 filed through July 1, 2024
(A) In the event the director finds an
			 imminent and substantial danger to public health, safety, or the environment, the director may issue a
			 temporary emergency permit to either of the
			 following:
(1)
									A
			 non-permitted facility to allow treatment, storage, or disposal of a hazardous
			 waste.
(2)
									A
			 permitted facility to allow treatment, storage, or disposal of a hazardous
			 waste not covered by an effective permit.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-62 - Trial burn

Current through all regulations passed and filed
			 through July 1, 2024
When an owner or operator of a hazardous waste incineration
				unit becomes subject to hazardous waste permit requirements after February 16,
				2009 or when an owner or operator of a hazardous waste incineration unit
				demonstrates compliance with the air emission standards and limitations in 40
				CFR Part 63 subpart EEE [i.e., by conducting a comprehensive performance test
				and submitting a notification of compliance under
				40 CFR
				63.1207(j) and 40 CFR
				63.1210(d) documenting compliance with all applicable requirements of 40 CFR
				Part 63 subpart EEE], this rule does not apply, except those provisions the
				director determines are necessary to ensure compliance with paragraphs (A) and
				(C) of rule
				3745-57-45
				of the Administrative Code if the owner or operator elects to comply with
				paragraph (A)(1)(a) of rule
				3745-50-235
				of the Administrative Code to minimize emissions of toxic compounds from
				startup, shutdown, and malfunction events. Nevertheless, the director may apply
				the provisions of this rule, on a case-by-case basis,
				to
				collect information  in
				accordance with paragraphs (A)(5), (D)(6), (H), and (I)
				 of rule
				3745-50-40
				of the Administrative Code and paragraphs (D)(3) (b) and (D)(4)(a)(v) of rule
				3745-50-51
				of the Administrative Code.
(A)
								To determine operational readiness
			 after completion of physical construction, the permit
			 for a new hazardous waste incinerator shall contain conditions including but
			 not limited to allowable waste feeds and operating conditions. These permit
			 conditions will be effective for the minimum time required to bring the
			 incinerator to a point of operational readiness to conduct a trial burn, not to
			 exceed seven hundred twenty hours operating time for treatment of hazardous
			 waste. This operational period may be extended once, for up to seven hundred
			 twenty additional hours, at the request of the applicant when good cause is
			 shown. The permit may be modified to reflect the extension according to rule
			 3745-50-51
			 of the Administrative Code.
(1) Applicants
			 shall submit a statement, with "Part B" of the permit application, which
			 suggests the conditions necessary to operate in compliance with rule
			 3745-57-43
			 of the Administrative Code during this period. At a minimum,
			 this statement should include restrictions on waste constituents, waste feed rates, and the
			 operating parameters identified in rule
			 3745-57-45
			 of the Administrative Code.
(2) The
			 director will review this statement and any other relevant information
			 submitted with "Part B" of the permit application. The permit shall specify
			 requirements for this period sufficient to comply with rule
			 3745-57-43
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-235 - Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events

Current through all regulations passed and filed through July 1,
			 2024
(A) Facilities with
			 existing permits.
(1) Modifications to permit
			 conditions after documenting compliance with maximum achievable control
			 technology (MACT). The owner or operator of a hazardous waste permitted
			 incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
			 fuel boiler, or hydrochloric acid production furnace may request that the
			 director address permit conditions that minimize emissions from startup,
			 shutdown, and malfunction events under any of the following options when
			 requesting removal of permit conditions that are no longer applicable according
			 to paragraph (B) of rule
			 3745-57-40
			 of the Administrative Code and paragraph (B) of rule
			 3745-266-100
			 of the Administrative Code:
(a) Retain
			 relevant permit conditions. Under this option, the director will:
(i) Retain permit conditions that address
			 releases during startup, shutdown, and malfunction events, including releases
			 from emergency safety vents, as these events are defined in the facility's
			 startup, shutdown, and malfunction plan required under
			 40
			 CFR 63.1206(c)(2);
			 and
(ii) Limit applicability of
			 those permit conditions only to when the facility is operating under
			 the
			 facility's startup, shutdown, and malfunction plan.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-01 - Purpose and scope of Chapter 3745-51 of the Administrative Code

Current through all regulations passed and filed through July 1,
			 2024
(A) Chapter 3745-51
			 of the Administrative Code identifies those wastes which are subject to
			 regulation as hazardous wastes under Chapters 3745-50, 3745-52, 3745-53,
			 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-270 of the
			 Administrative Code, and which are subject to the requirement to notify Ohio
			 EPA or U.S. EPA of regulated waste activity. Chapter 3745-51 of the
			 Administrative Code includes :
(1) Rules
			 3745-51-01 to
			 3745-51-09 of the Administrative
			 Code define the terms "waste" and "hazardous waste," identify those wastes
			 which are excluded from regulation under Chapters 3745-52, 3745-53, 3745-54 to
			 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, 3745-270, and rules
			 374-50-40 to
			 3745-50-235 of the
			 Administrative Code, and 
									establish special management requirements for
			 hazardous waste produced by very small quantity generators and hazardous waste
			 which is recycled.
(2) Rules
			 3745-51-10 to
			 3745-51-11 of the Administrative
			 Code provide the criteria used to identify characteristics of hazardous waste
			 and to list particular hazardous wastes.
(3) Rules
			 3745-51-20 to
			 3745-51-24 of the Administrative
			 Code identify characteristics of hazardous waste.
(4) Rules
			 3745-51-30 to
			 3745-51-33 of the Administrative
			 Code list particular hazardous wastes.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-02 - Definition of waste

Current through all regulations passed and filed
			 through July 1, 2024
(A)
(1) A "waste" is any discarded material that
			 is not excluded by paragraph (A) of rule
			 3745-51-04 of the Administrative
			 Code or that is not excluded by variance granted under rules
			 3745-50-23 and
			 3745-50-24 of the Administrative
			 Code or that is not excluded by a non-waste
			 determination under rules
			 3745-50-23 and
			 3745-50-15 of the Administrative
			 Code.
(2) A "discarded
			 material" is any material which is:
(a)
			 Abandoned, as explained in paragraph (B) of this rule; or
(b) Recycled, as explained in paragraph (C)
			 of this rule; or
(c) Considered
			 inherently waste-like, as explained in paragraph (D) of this rule; or
(d) A military munition identified as a waste
			 in rule 3745-266-202 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-04 - Exclusions

Current through all regulations passed and filed through July 1,
			 2024
(A) Materials which
			 are not wastes. The following materials are not wastes for the purpose of
			 Chapter 3745-51 of the Administrative Code:
(1) Domestic sewage:
(a) Any mixture of domestic sewage and other
			 wastes that passes through a sewer system to a publicly owned treatment works
			 (POTW) for treatment, except as prohibited by rule
			 3745-266-505 of the
			 Administrative Code and Clean Water Act requirements in paragraph (B)(1) of
			 rule 3745-3-04 of the Administrative
			 Code.
(b) As used in Chapter
			 3745-51 of the Administrative Code, "domestic sewage" means untreated sanitary
			 wastes that pass through a sewer system.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-07 - Residues of hazardous waste in empty containers

Current through
			 all regulations passed and filed through July 1, 2024
(A) Hazardous waste remaining in a container.
(1) Any hazardous waste remaining in either
			 an empty container or an inner liner removed from an empty container, as
			 described in paragraph (B) of this rule, is not subject to regulation under
			 rules
			 3745-50-40
			 to
			 3745-50-235
			 or Chapters 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69,
			 3745-205, 3745-256, 3745-266, or 3745-270 of the Administrative Code or to the
			 requirement to notify Ohio EPA or U.S. EPA of regulated waste
			 activity.
(2) Any hazardous waste
			 in either a container that is not empty or an inner liner removed from a
			 container that is not empty, as described in paragraph (B) of this rule, is
			 subject to regulation under  Chapters 3745-50, 3745-51, 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 and to the requirement to notify Ohio
			 EPA or U.S. EPA of regulated waste activity.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-08 - PCB wastes regulated under the Toxic Substances Control Act

Current through all regulations passed and filed through July 1,
			 2024
The disposal of polychlorinated byphenyl (PCB)-containing
				dielectric fluids and electric equipment containing such fluids authorized for
				use and regulated under 40 CFR Part 761 and that are hazardous only because
				such
				items fail the test for the toxicity characteristic leaching procedure
				(EPA hazardous waste numbers D018 to D043 only) are exempt from regulation
				under Chapters 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to
				3745-69, 3745-205, 3745-256, and 3745-270 of the Administrative Code, rules
				3745-50-40
				to
				3745-50-235
				of the Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA
				of regulated waste activity.
[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 3745-51-09 - Requirements for universal waste

Current through all regulations passed and filed
			 through July 1, 2024
The wastes listed in this rule are exempt from regulation under
				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 and rules
				3745-50-40
				to
				3745-50-235
				of the Administrative Code, except as specified in Chapter 3745-273 of the
				Administrative Code and, therefore are not fully regulated as hazardous waste.
				The following wastes listed in this rule 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;
(F) Ohio-specific
			 universal wastes, which include :
(1) Antifreeze as
			 described in  rule
			 3745-273-89
			 of the Administrative Code; and
(2)
			 Paint and paint-related waste as described in  rule
			 3745-273-89
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-10 - Criteria for identifying the characteristics of hazardous waste

Current through all regulations passed and filed through July 1,
			 2024
The director shall identify and define a characteristic of
				hazardous waste in rules
				3745-51-20
				to
				3745-51-24
				of the Administrative Code only upon determining that:
(A) A waste that exhibits the characteristic
			 may:
(1) Cause, or significantly contribute
			 to, an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness;
			 or
(2) Pose a substantial present
			 or potential hazard to human health or the environment when
			 the waste
			 is improperly treated, stored, transported, disposed  or otherwise managed; and