Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-52 - Generator Standards › Section 3745-52-14 - Conditions for exemption for very small quantity generators

Current through all regulations passed and filed through July 1,
			 2024
[Comment: For purposes of this rule,
				accumulate means the storage of hazardous waste. A very small quantity
				generator may only treat or dispose of hazardous waste if permissible in
				accordance with paragraph (A)(5)(a) or (A)(5)(b) of this rule.]
(A)
								Provided that the
			 very small quantity generator meets all the conditions for exemption listed in
			 this rule, hazardous waste generated by the very small quantity generator is
			 not subject to Chapters 3745-50, 3745-52 (except rules
			 3745-52-10
			 to 3745-52-14 of the Administrative Code), 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 the requirement to notify Ohio EPA or U.S. EPA of regulated waste
			 activity, and the very small quantity generator may accumulate hazardous waste
			 on-site without complying with such requirements. The conditions for exemption
			 are as follows:
(1)
									In a calendar month the very small quantity generator
			 generates less than or equal to the amounts specified in the definition of
			 "very small quantity generator" in rule
			 3745-50-10
			 of the Administrative Code.
(2)
									The very small
			 quantity generator complies with paragraphs (A) to (D) of rule
			 3745-52-11
			 of the Administrative Code.
(3)
									If the very small
			 quantity generator accumulates at any time greater than 1.0 kilogram ( 2.2
			 pounds) of acute hazardous waste or 100.0 kilograms ( 220.0 pounds) of any
			 residue or contaminated soil, water, or other debris resulting from the cleanup
			 of a spill, into or on any land or water, of any acute hazardous waste listed
			 in rule
			 3745-51-31
			 of the Administrative Code or paragraph (E) of rule
			 3745-51-33
			 of the Administrative Code, all quantities of that acute hazardous waste are
			 subject to all of the following additional conditions for exemption:
(a)
										Such waste is
			 held on-site for no more than ninety days beginning on the date the accumulated
			 wastes exceed the amounts provided in paragraph (A)(3) of this
			 rule.
(b)
										The conditions for exemption in paragraphs (A) to (G)
			 of rule 3745-52-17 of the Administrative Code.
(4)
									If the very small
			 quantity generator accumulates at any time 1, 000.0 kilograms (2, 200.0 pounds)
			 or greater of non-acute hazardous waste, all quantities of that hazardous waste
			 are subject to all of the following:
(a)
										Such waste is
			 held on-site for no more than one hundred eighty days, or two hundred seventy
			 days, if applicable, beginning on the date the accumulated waste exceeds the
			 amounts provided in paragraph (A)(3) of this rule.
(b)
										The quantity of
			 waste accumulated on site never exceeds 6, 000.0 kilograms (13, 200.0
			 pounds).
(c)
										The conditions for exemption in paragraphs (B)(2) to
			 (F) of rule 3745-52-16 of the Administrative Code.
(5)
									A very small
			 quantity generator that accumulates hazardous waste in amounts less than or
			 equal to the limits in paragraphs (A)(3) and (A)(4) of this rule shall either
			 treat or dispose of the hazardous waste in an on-site facility, or ensure
			 delivery to an off-site treatment, storage, or disposal facility, either of
			 which, if located in the United States, is all of the following:
(a)
										Permitted in
			 accordance with rules
			 3745-50-40
			 to
			 3745-50-235
			 of the Administrative Code.
(b)
										Operating in
			 accordance with a permit by rule as described in paragraph (C) of rule
			 3745-50-40
			 and Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative
			 Code.
(c)
										Authorized to manage hazardous waste by a state with a
			 hazardous waste management program federally authorized.
(d)
										Permitted,
			 licensed, or registered by a state other than Ohio to manage municipal solid
			 waste and, if managed in a municipal solid waste landfill, is subject to 40
			 C.F.R. Part 258 and applicable state law.
(e)
										Permitted,
			 licensed, or registered by a state to manage non-municipal non-hazardous waste
			 and, if managed in a non-municipal non-hazardous waste disposal unit, is
			 subject to
			 40
			 C.F.R. 257.5 to
			 40 C.F.R.
			 257.30 and applicable state
			 law.
(f)
										A facility operating under paragraph (C)(2) or (C)(3)
			 of rule
			 3745-51-06
			 of the Administrative Code.
(g)
										For universal
			 waste managed under Chapter 3745-273 of the Administrative Code, a universal
			 waste handler or destination facility subject to Chapter 3745-273 of the
			 Administrative Code.
(h)
										A large quantity generator under the control of the
			 same person as the very small quantity generator, provided the following
			 conditions are met:
(i)
											The very small quantity generator and the large
			 quantity generator are under the control of the same "person," as defined in
			 rule
			 3745-50-10
			 of the Administrative Code. "Control," for the purposes of this rule, means the
			 power to direct the policies of the generator, whether by the ownership of
			 stock, voting rights, or otherwise, except that contractors who operate
			 generator facilities on behalf of a different "person," as defined in rule
			 3745-50-10
			 of the Administrative Code, shall not be deemed to "control" such
			 generators.
(ii)
											The very small quantity generator marks the containers
			 of hazardous waste with all of the following:
(a)
												The words
			 "Hazardous Waste."
(b)
												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].
(i)
										A "reverse distributor," as defined in rule
			 3745-266-500 of the Administrative Code, if the hazardous waste pharmaceutical
			 is a potentially creditable hazardous waste pharmaceutical generated by a
			 "healthcare facility," as defined in rule 3745-266-500 of the Administrative
			 Code.
(j)
										A healthcare facility that meets the conditions in
			 paragraph (L) of rule 3745-266-502 and paragraph (B) of rule 3745-266-503 of
			 the Administrative Code, as applicable, to accept non-creditable hazardous
			 waste pharmaceuticals and potentially creditable hazardous waste
			 pharmaceuticals from an off-site healthcare facility that is a very small
			 quantity generator.
(k)
										For airbag waste, an airbag waste collection facility
			 or a designated facility subject to paragraph (J) of rule
			 3745-51-04 of the
			 Administrative Code.