Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-52 - Generator Standards › Section 3745-52-16 - Conditions for exemption for small quantity generators that accumulate hazardous waste

Current through all regulations passed and
			 filed through July 1, 2024
A small quantity generator may
				accumulate or treat hazardous waste on-site without a hazardous waste permit,
				and without complying with Chapters 3745-50, 3745-54 to 3745-57, 3745-65 to
				3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code or the
				requirement to notify Ohio EPA or U.S. EPA of regulated waste activity,
				provided that all the conditions for exemption listed in this rule are
				met:
(A)
								Generation. The generator generates in a calendar month no
			 more than the amounts specified in the definition of "small quantity generator"
			 in rule
			 3745-50-10
			 of the Administrative Code.
(B)
								Accumulation or
			 treatment. The generator accumulates or treats hazardous waste on-site for no
			 more than one hundred eighty days, unless in compliance with the conditions for
			 exemption for longer accumulation in paragraphs (D) and (E) of this rule. The
			 following accumulation conditions also apply:
(1)
									Accumulation
			 limit. The quantity of hazardous waste accumulated or treated on-site never
			 exceeds 6, 000.0 kilograms (13, 200.0 pounds).
(2)
									Accumulation or
			 treatment of hazardous waste in containers:
(a)
										Condition of
			 containers. If a container holding hazardous waste is not in good condition, or
			 if the container begins to leak, the small quantity generator shall immediately
			 transfer the hazardous waste from this container to a container that is in good
			 condition, or immediately manage the waste in some other way that complies with
			 the conditions for exemption of this rule.
(b)
										Compatibility of
			 waste with container. The small quantity generator shall use a container made
			 of or lined with materials that shall not react with, and are otherwise
			 compatible with, the hazardous waste to be accumulated or treated, so that the
			 ability of the container to contain the waste is not impaired.
(c)
										Management of
			 containers.
(i)
											A container holding hazardous waste shall always be closed
			 during accumulation, except when necessary to add or remove
			 waste.
(ii)
											A container holding hazardous waste shall not be
			 opened, handled, accumulated, or treated in a manner that may rupture the
			 container or cause the container to leak.
(d)
										Inspections. At
			 least weekly, the small quantity generator shall inspect central accumulation
			 areas. The small quantity generator shall look for leaking containers and for
			 deterioration of containers caused by corrosion or other factors. See paragraph
			 (B)(2)(a) of this rule for remedial action required if deterioration or leaks
			 are detected.
(e)
										Special conditions for accumulation or treatment of
			 incompatible wastes.
(i)
											Incompatible wastes, or incompatible wastes and
			 materials, (see appendix to rule
			 3745-66-99
			 of the Administrative Code for examples) shall not be placed in the same
			 container, unless paragraph (B) of rule
			 3745-65-17
			 of the Administrative Code is complied with.
(ii)
											Hazardous waste
			 shall not be placed in an unwashed container that previously held an
			 incompatible waste or material (see appendix of rule
			 3745-66-99
			 of the Administrative Code for examples), unless paragraph (B) of rule
			 3745-65-17
			 of the Administrative Code is complied with.
(iii)
											A container
			 accumulating hazardous waste that is incompatible with any waste or other
			 materials accumulated, treated, or stored nearby in other containers, piles,
			 open tanks, or surface impoundments shall be separated from the other materials
			 or protected from waste or materials by means of a dike, berm, wall, or other
			 device.
(3)
									Accumulation or
			 treatment of hazardous waste in tanks.
(a)
										[Reserved.]
(b)
										A small quantity
			 generator of hazardous waste shall comply with the following general operating
			 conditions:
(i)
											Treatment or accumulation of hazardous waste in tanks shall
			 comply with paragraph (B) of rule
			 3745-65-17
			 of the Administrative Code.
(ii)
											Hazardous wastes
			 or treatment reagents shall not be placed in a tank if the hazardous wastes or
			 treatment reagents could cause the tank or the tank's inner liner to rupture,
			 leak, corrode, or otherwise fail before the end of the tank's intended
			 life.
(iii)
											Uncovered tanks shall be operated to ensure at least
			 sixty centimeters (two feet) of freeboard, unless the tank is equipped with a
			 containment structure (e.g., dike or trench), a drainage control system, or a
			 diversion structure (e.g., standby tank) with a capacity that equals or exceeds
			 the volume of the top sixty centimeters (two feet) of the tank.
(iv)
											Where hazardous
			 waste is continuously fed into a tank, the tank shall be equipped with a means
			 to stop this inflow (e.g., waste feed cutoff system or by-pass system to a
			 stand-by tank).
(c)
										Except as noted in paragraph (B)(3)(d) of this rule, a
			 small quantity generator that accumulates or treats hazardous waste in tanks
			 shall inspect, where present, all of the following:
(i)
											Discharge control
			 equipment (e.g., waste feed cutoff systems, by-pass systems, and drainage
			 systems) at least once each operating day, to ensure that the discharge control
			 equipment is in good working order.
(ii)
											Data gathered
			 from monitoring equipment (e.g., pressure and temperature gauges) at least once
			 each operating day, to ensure that the tank is being operated according to the
			 tank's design.
(iii)
											The level of waste in the tank at least once each
			 operating day, to ensure compliance with paragraph (B)(3)(b)(iii) of this
			 rule.
(iv)
											The construction materials of the tank at least weekly,
			 to detect corrosion or leaking of fixtures or seams.
(v)
											The construction
			 materials of, and the area immediately surrounding, discharge confinement
			 structures (e.g., dikes) at least weekly, to detect erosion or obvious signs of
			 leakage (e.g., wet spots or dead vegetation). The generator shall remedy any
			 deterioration or malfunction of equipment or structures which the inspection
			 reveals on a schedule which ensures that the problem does not lead to an
			 environmental or human health hazard. Where a hazard is imminent or has already
			 occurred, remedial action shall be taken immediately.
(d)
										A small quantity
			 generator accumulating or treating hazardous waste in tanks or tank systems
			 that have full secondary containment and that either use leak detection
			 equipment, to alert personnel to leaks, or implement established workplace
			 practices to ensure leaks are promptly identified, shall inspect at least
			 weekly, where applicable, the areas identified in paragraph (B)(3)(c) of this
			 rule. Use of the alternate inspection schedule shall be documented in the
			 generator's operating record. This documentation shall include a description of
			 the established workplace practices at the generator.
(e)
										[Reserved.]
(f)
										A small quantity
			 generator accumulating or treating hazardous waste in tanks, upon closure of
			 the facility, shall remove all hazardous waste from tanks, discharge control
			 equipment, and discharge confinement structures. At closure, as throughout the
			 operating period, unless the small quantity generator can demonstrate, in
			 accordance with paragraph (C) or (D) of rule
			 3745-51-03
			 of the Administrative Code, that any waste removed from the small quantity
			 generator's tank is not a hazardous waste, then the small quantity generator
			 shall manage such waste in accordance with all applicable provisions of
			 Chapters 3745-52, 3745-53, 3745-65 to 3745-69, 3745-256, and 3745-270 of the
			 Administrative Code.
(g)
										A small quantity generator shall comply with the
			 following special conditions for accumulation or treatment of ignitable or
			 reactive waste:
(i)
											Ignitable or reactive waste shall not be placed in a
			 tank, unless any of the following are met:
(a)
												The waste is
			 treated, rendered, or mixed before or immediately after placement in a tank so
			 that the resulting waste, mixture, or dissolution of material no longer meets
			 the definition of ignitable waste or reactive waste under rule
			 3745-51-21
			 or
			 3745-51-23
			 of the Administrative Code, and paragraph (B) of rule
			 3745-65-17
			 of the Administrative Code is complied with.
(b)
												The waste is
			 accumulated or treated in such a way that the waste is protected from any
			 material or conditions that may cause the waste to ignite or
			 react.
(c)
												The tank is used solely for
			 emergencies.
(ii)
											A small quantity generator which treats or accumulates
			 ignitable or reactive waste in covered tanks shall comply with the buffer zone
			 requirements for tanks contained in tables 2-1 through 2-6 of the national fire
			 protection association's "Flammable and Combustible Liquids
			 Code."
(iii)
											A small quantity generator shall comply with the
			 following special conditions for incompatible wastes:
(a)
												Incompatible
			 wastes, or incompatible wastes and materials (see appendix to rule
			 3745-66-99
			 of the Administrative Code for examples), shall not be placed in the same tank
			 unless paragraph (B) of rule
			 3745-65-17
			 of the Administrative Code is complied with.
(b)
												Hazardous waste
			 shall not be placed in an unwashed tank that previously held an incompatible
			 waste or material unless paragraph (B) of rule
			 3745-65-17
			 of the Administrative Code is complied with.
(4)
									Accumulation or treatment of hazardous waste on drip
			 pads. If the waste is placed on drip pads, the small quantity generator shall
			 comply with all of the following:
(a)
										Rules
			 3745-69-40
			 to
			 3745-69-45
			 of the Administrative Code, except paragraph (C) of rule
			 3745-69-45
			 of the Administrative Code.
(b)
										The small
			 quantity generator shall remove all wastes from the drip pad at least once
			 every ninety days. Any hazardous wastes that are removed from the drip pad at
			 least once every ninety days are then subject to the one hundred eighty day
			 accumulation or treatment limit in paragraph (B) of this rule and rule
			 3745-52-15 of the Administrative Code if hazardous wastes are being managed in
			 satellite accumulation areas prior to being moved to the central accumulation
			 area.
(c)
										The small quantity generator shall maintain on-site at
			 the facility all of the following records readily available for
			 inspection:
(i)
											A written description of procedures that are followed to
			 ensure that all wastes are removed from the drip pad and associated collection
			 system at least once every ninety days.
(ii)
											Documentation of
			 each waste removal, including the quantity of waste removed from the drip pad
			 and the sump or collection system, and the date and time of
			 removal.
(5)
									Accumulation or
			 treatment of hazardous waste in containment buildings. If the waste is placed
			 in containment buildings, the small quantity generator shall comply with rules
			 3745-256-100
			 to
			 3745-256-102
			 of the Administrative Code. The generator shall label the generator's
			 containment buildings with the words "Hazardous Waste" in a conspicuous place
			 easily visible to employees, visitors, emergency responders, waste handlers, or
			 other persons on-site, and also in a conspicuous place to provide an indication
			 of the hazards of the contents [examples include, but are not limited to, the
			 applicable hazardous waste characteristic (i.e., ignitable, corrosive,
			 reactive, toxic); hazard communication consistent with the department of
			 transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
			 subpart F (placarding); a hazard statement or pictogram consistent with the
			 occupational safety and health administration hazard communication standard at
			 29 C.F.R.
			 1910.1200; or a chemical hazard label
			 consistent with the national fire protection association code 704]. The
			 generator shall also maintain all of the following:
(a)
										The professional
			 engineer certification that the building complies with the design standards
			 specified in rule
			 3745-256-101
			 of the Administrative Code. This certification shall be in the generator's
			 files prior to operation of the unit.
(b)
										The following
			 records by use of inventory logs, monitoring equipment, or any other effective
			 means:
(i)
											A
			 written description of procedures to ensure that each waste volume remains in
			 the unit for no more than ninety days, a written description of the waste
			 generation and management practices for the facility showing that the generator
			 is consistent with maintaining the ninety day limit, and documentation that the
			 procedures are complied with.
(ii)
											Documentation
			 that the unit is emptied at least once every ninety days.
(iii)
											Inventory logs
			 or records with the information required in paragraph (B)(5)(b)(i) of this rule
			 shall be maintained on-site and readily available for
			 inspection.
(6)
									Labeling and
			 marking of containers and tanks.
(a)
										Containers. A small quantity generator shall mark or
			 label the small quantity generator's containers with all of the
			 following:
(i)
											The words "Hazardous Waste."
(ii)
											An indication of
			 the hazards of the contents [examples include, but are not limited to, the
			 applicable hazardous waste characteristic (i.e., ignitable, corrosive,
			 reactive, toxic); hazard communication consistent with the department of
			 transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
			 subpart F (placarding); a hazard statement or pictogram consistent with the
			 occupational safety and health administration hazard communication standard at
			 29 C.F.R.
			 1910.1200; or a chemical hazard label
			 consistent with the national fire protection association code
			 704].
(iii)
											The date upon which each period of accumulation begins,
			 clearly visible for inspection on each container.
(b)
										Tanks. A small
			 quantity generator accumulating or treating hazardous waste in tanks shall do
			 all of the following:
(i)
											Mark or label the small quantity generator's tanks with
			 the words "Hazardous Waste."
(ii)
											Mark or label
			 the small quantity generator's tanks with an indication of the hazards of the
			 contents [examples include, but are not limited to, the applicable hazardous
			 waste characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard
			 communication consistent with the department of transportation requirements at
			 49 C.F.R. Part 172 subpart E (labeling) or subpart F (placarding); a hazard
			 statement or pictogram consistent with the occupational safety and health
			 administration hazard communication standard at
			 29 C.F.R.
			 1910.1200; or a chemical hazard label
			 consistent with the national fire protection association code
			 704].
(iii)
											Use inventory logs, monitoring equipment, or other
			 records to demonstrate that hazardous waste has been emptied within one hundred
			 eighty days after first entering the tank if using a batch process, or in the
			 case of a tank with a continuous flow process, demonstrate that estimated
			 volumes of hazardous waste entering the tank daily exit the tank within one
			 hundred eighty days after first entering.
(iv)
											Keep inventory
			 logs or records with the above information on-site and readily available for
			 inspection.
(7)
									Land disposal
			 restrictions. A small quantity generator shall comply with all the applicable
			 requirements in Chapter 3745-270 of the Administrative Code.
(8)
									Preparedness and
			 prevention.
(a)
										Maintenance and operation of facility. A small quantity
			 generator shall maintain and operate the small quantity generator's facility to
			 minimize the possibility of a fire, explosion, or any unplanned sudden or
			 non-sudden release of hazardous waste or hazardous waste constituents to air,
			 soil, or surface water, which could threaten human health or the
			 environment.
(b)
										Required equipment. All areas where hazardous waste is
			 either generated or accumulated or treated shall be equipped with the items in
			 paragraph (B) (8)(b) of this rule (unless none of the hazards posed by waste
			 handled at the facility could require a particular kind of equipment specified
			 in this paragraph or the actual waste generation area or accumulation area does
			 not lend itself for safety reasons to have a particular kind of equipment
			 specified in this paragraph). A small quantity generator may determine the most
			 appropriate locations to locate equipment necessary to prepare for and respond
			 to emergencies.
(i)
											An internal communications or alarm system capable of
			 providing immediate emergency instruction (voice or signal) to facility
			 personnel.
(ii)
											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.
(iii)
											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.
(iv)
											Water at
			 adequate volume and pressure to supply water hose streams, or foam producing
			 equipment, or automatic sprinklers, or water spray systems.
(c)
										Testing and maintenance of equipment. All communications or
			 alarm systems, fire protection equipment, spill control equipment, and
			 decontamination equipment, where required, shall be tested and maintained as
			 necessary to assure proper operation in time of emergency.
(d)
										Access to
			 communications or alarm system.
(i)
											Whenever hazardous waste is being poured, mixed,
			 spread, or otherwise handled, all personnel involved in the operation shall
			 have immediate access (e.g., direct or unimpeded access) to an internal alarm
			 or emergency communication device, either directly or through visual or voice
			 contact with another employee, unless such a device is not required under
			 paragraph (B)(8)(b) of this rule.
(ii)
											In the event
			 there is just one employee on the premises while the facility is operating, the
			 employee shall have immediate access (e.g., direct or unimpeded access) to a
			 device, such as a telephone (immediately available at the scene of operation)
			 or a handheld two-way radio, capable of summoning external emergency
			 assistance, unless such a device is not required under paragraph (B) (8)(b) of
			 this rule.
(e)
										Required aisle space. The small quantity generator
			 shall maintain aisle space to allow the unobstructed movement of personnel,
			 fire protection equipment, spill control equipment, and decontamination
			 equipment to any area of facility operation in an emergency, unless aisle space
			 is not needed for any of these purposes.
(f)
										Arrangements with
			 local authorities.
(i)
											The small quantity generator shall attempt to make
			 arrangements with the local police department, fire department, other emergency
			 response teams, emergency response contractors, equipment suppliers, and local
			 hospitals, taking into account the types and quantities of hazardous wastes
			 handled at the facility. Arrangements may be made with the local emergency
			 planning committee, if the local emergency planning committee is determined to
			 be the appropriate organization with which to make arrangements.
(a)
												A small quantity
			 generator attempting to make arrangements with the local fire department shall
			 determine the potential need for the services of the local police department,
			 other emergency response teams, emergency response contractors, equipment
			 suppliers, and local hospitals.
(b)
												As part of this
			 coordination, the small quantity generator shall attempt to make arrangements,
			 as necessary, to familiarize the organizations listed in paragraph (B)(8)(f)(i)
			 of this rule with the layout of the facility, the properties of hazardous waste
			 handled at the facility, and associated hazards, places where facility
			 personnel would normally be working, entrances to roads inside the facility,
			 and possible evacuation routes, as well as the types of injuries or illnesses
			 that could result from fires, explosions, or releases at the
			 facility.
(c)
												Where more than one police or fire department might
			 respond to an emergency, the small quantity generator shall attempt to make
			 arrangements designating primary emergency authority to a specific fire
			 department or police department, and arrangements with any others to provide
			 support to the primary emergency authority.
(ii)
											A small quantity
			 generator shall maintain records documenting the arrangements with the local
			 fire department as well as any other organization necessary to respond to an
			 emergency. This documentation shall include documentation in the operating
			 record that either confirms such arrangements actively exist or, in cases where
			 no arrangements exist, confirms that attempts to make such arrangements were
			 made.
(iii)
											A facility possessing twenty-four-hour response
			 capabilities may seek a waiver from the authority having jurisdiction over the
			 fire code within the facility's state or locality as far as needing to make
			 arrangements with the local fire department as well as any other organization
			 necessary to respond to an emergency, provided that the waiver is documented in
			 the operating record.
(9)
									Emergency
			 procedures. The small quantity generator complies with all of the following
			 conditions for those areas of the generator facility where hazardous waste is
			 generated and accumulated:
(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
			 to coordinate all emergency response measures specified in paragraph (B)(9)(d)
			 of this rule. This employee is the emergency coordinator.
(b)
										The small
			 quantity generator shall post the following information next to telephones or
			 in areas directly involved in the generation and accumulation of hazardous
			 waste:
(i)
											The
			 name and emergency telephone number of the emergency
			 coordinator.
(ii)
											Location of fire extinguishers and spill control
			 material, and, if present, fire alarm.
(iii)
											The telephone
			 number of the fire department, unless the facility has a direct
			 alarm.
(c)
										The small quantity generator shall ensure that all
			 employees are thoroughly familiar with proper waste handling and emergency
			 procedures relevant to the employees' responsibilities during normal facility
			 operations and emergencies.
(d)
										The emergency
			 coordinator or the emergency coordinator's designee shall respond to any
			 emergencies that arise. The applicable responses are as follows:
(i)
											In the event of a
			 fire, call the fire department or attempt to extinguish the fire using a fire
			 extinguisher.
(ii)
											In the event of a spill, the small quantity generator
			 is responsible for containing the flow of hazardous waste to the extent
			 possible, and as soon as is practicable, cleaning up the hazardous waste and
			 any contaminated materials or soil. Such containment and cleanup can be
			 conducted either by the small quantity generator or by a contractor on behalf
			 of the small quantity generator.
(iii)
											In the event of
			 a fire, explosion, or other release that could threaten human health outside
			 the facility, or when the small quantity generator has knowledge that a spill
			 has reached surface water, the small quantity generator shall immediately
			 notify the "National Response Center" using the twenty-four-hour toll-free
			 number 800/424-8802. The report shall include all of the following
			 information:
(a)
												The name, address, and U.S. EPA identification number of the
			 small quantity generator.
(b)
												Date, time, and type of incident (e.g., spill or
			 fire).
(c)
												Quantity and type of hazardous waste involved in the
			 incident.
(d)
												Extent of injuries, if any.
(e)
												Estimated
			 quantity and disposition of recovered materials, if any.