reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-56 - Tracking of used oil by processors and re-refiners

Current through all regulations passed and filed through July 1, 2024
(A) Acceptance. Used oil
			 processors/re-refiners must keep a record of each used oil shipment accepted
			 for processing/re-refining. These records may take the form of a log, invoice,
			 manifest, bill of lading or other shipping documents. Records for each shipment
			 must include the following information:
(1)
			 The name and address of the transporter who delivered the used oil to the
			 processor/re-refiner;
(2) The name
			 and address of the generator or processor/re-refiner from whom the used oil was
			 sent for processing/re-refining;
(3) The U.S. EPA identification number of the
			 transporter who delivered the used oil to the processor/re-refiner;
(4) The U.S. EPA identification number (if
			 applicable) of the generator or processor/re-refiner from whom the used oil was
			 sent for processing/re-refining;
(5) The quantity of used oil accepted;
			 and
(6) The date of
			 acceptance.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-57 - Operating record and reporting at used oil processors and re-refiners

Current through all regulations passed and filed through July 1, 2024
(A) Operating
			 record.
(1) The owner or operator must keep a
			 written operating record at the facility.
(2) The following information must be
			 recorded, as it becomes available, and maintained in the operating record until
			 closure of the facility:
(a) Records and
			 results of used oil analyses performed as described in the analysis plan
			 required under rule
			 3745-279-55
			 of the Administrative Code; and
(b)
			 Summary reports and details of all incidents that require implementation of the
			 contingency plan as specified in paragraph (B) of rule
			 3745-279-52
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-58 - Off-site shipments of used oil from processors and re-refiners

Current through all regulations passed and filed through July 1, 2024
Used oil processors/re-refiners who initiate shipments of used
				oil off-site must ship the used oil using a used oil transporter who has
				obtained a U.S. EPA identification number.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-59 - Management of residues at used oil processors and re-refiners

Current through all regulations passed and filed through July 1, 2024
Owners and operators who generate residues from the storage,
				processing, or re-refining of used oil shall manage the residues as specified
				in paragraph (E) of rule
				3745-279-10
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-60 - Applicability of standards for used oil burners who burn off-specification used oil for energy recovery

Current through all regulations passed and filed through July 1, 2024
(A) General. The requirements of rules
			 3745-279-60 to
			 3745-279-67
			 of the Administrative Code apply to used oil burners except as specified in
			 paragraphs (A)(1) and (A)(2) of this rule. A used oil burner is a facility
			 where used oil not meeting the specification requirements in rule
			 3745-279-11
			 of the Administrative Code is burned for energy recovery in devices identified
			 in paragraph (A) of rule
			 3745-279-61
			 of the Administrative Code. Facilities burning used oil for energy recovery
			 under the following conditions are not subject to rules 3745-279-60 to
			 3745-279-67
			 of the Administrative Code:
(1) The used oil
			 is burned by the generator in an on-site space heater under the provisions of
			 rule
			 3745-279-23
			 of the Administrative Code; or
(2)
			 The used oil is burned by a processor/re-refiner for purposes of processing
			 used oil, which is considered burning incidentally to used oil processing.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-61 - Restrictions on burning off-specification used oil fuel

Current through all regulations passed and filed through July 1, 2024
(A) Off-specification used oil fuel must be
			 burned for energy recovery only in the following devices:
(1) Industrial furnaces identified in rule
			 3745-50-10
			 of the Administrative Code;
(2)
			 Boilers, as defined in rule
			 3745-50-10
			 of the Administrative Code, that are identified as follows:
(a) Industrial boilers located on the site of
			 a facility engaged in a manufacturing process where substances are transformed
			 into new products, including the component parts of products, by mechanical or
			 chemical processes;
(b) Utility
			 boilers used to produce electric power, steam, heated or cooled air, or other
			 gases or fluids for sale; or
(c)
			 Used oil-fired space heaters, provided that the burner meets the provisions of
			 rule
			 3745-279-23
			 of the Administrative Code; or
(3) Hazardous waste incinerators subject to
			 regulation under rules
			 3745-57-40
			 to
			 3745-57-51 or
			 3745-68-40
			 to
			 3745-68-52
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-62 - Notification by used oil burners

Current through all regulations passed and filed through July 1, 2024
(A) U.S. EPA identification numbers. Used oil
			 burners who have not previously notified Ohio EPA or U.S. EPA of regulated
			 waste activity shall comply with this rule and shall obtain a U.S. EPA
			 identification number.
(B)
			 Mechanics of notification. Used oil burners who have not received a U.S. EPA
			 identification number may obtain one by notifying the director of the used oil
			 activity at the facility by submitting either:
(1) A completed Ohio EPA form EPA 9029 [to
			 obtain this form, call Ohio EPA's "Hazardous Waste Management
			 Program" at 614/644-2924.]
(2) A letter requesting a U.S. EPA
			 identification number. Send the letter to "Ohio EPA, Hazardous Waste Management
			 Program, P.O. Box 1049, Columbus, Ohio," 43216-1049. The letter should
			 include all of the following information:
(a)
			 Burner company name.
(b) Address of
			 the burner facility (actual location).
(c) Mailing address of the burner.
(d) Name of the owner of the burner
			 company.
(e) Name and telephone
			 number of the burner point of contact.
(f) Type of used oil 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 3745-279 - Used Oil Management Standards › Section 3745-279-63 - Rebuttable presumption for used oil for burners

Current through all regulations passed and filed through July 1, 2024
(A) To ensure that used oil managed at a used
			 oil burner facility is not hazardous waste under the rebuttable presumption of
			 paragraph (B)(1)(b) of rule
			 3745-279-10
			 of the Administrative Code, a used oil burner must determine whether the total
			 halogen content of used oil managed at the facility is above or below one
			 thousand parts per million(ppm).
(B) The used oil burner must determine if the
			 used oil contains above or below one thousand ppm total halogens by:
(1) Testing the used oil;
(2) Applying knowledge of the halogen content
			 of the used oil in light of the materials or processes used; or
(3) If the used oil has been received from a
			 processor/re-refiner subject to regulation under rules
			 3745-279-50
			 to
			 3745-279-59
			 of the Administrative Code, using information provided by the
			 processor/re-refiner.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-64 - Used oil storage by burners

Current through all regulations passed and filed through July 1, 2024
Used oil burners are subject to all applicable spill
				prevention, control and countermeasures ( 40 CFR Part 112 ) in addition to the
				requirements of rules
				3745-279-60
				to
				3745-279-67
				of the Administrative Code. Used oil burners are also subject to the
				underground storage tank standards(Chapter 1301:7-9 of the Administrative Code)
				for used oil stored in underground tanks whether or not the used oil exhibits
				any characteristics of hazardous waste, in addition to the requirements of
				rules
				3745-279-60
				to
				3745-279-67
				of the Administrative Code.
(A)
			 Storage units. Used oil burners must store used oil in tanks, as defined in
			 rule
			 3745-279-01
			 of the Administrative Code; in containers, as defined in rule
			 3745-279-01
			 of the Administrative Code; or in units subject to regulation under Chapters
			 3745-54 to 3745-57 and 3745-205 or Chapters 3745-65 to 3745-69 and 3745-256 of
			 the Administrative Code.
(B)
			 Condition of units. Containers and aboveground tanks used to store oil at
			 burner facilities must be:
(1) In good
			 condition (no severe rusting, apparent structural defects or deterioration);
			 and
(2) Not leaking (no visible
			 leaks).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-65 - Tracking of used oil by burners

Current through all regulations passed and filed through July 1, 2024
(A) Acceptance. Used oil burners must keep a
			 record of each used oil shipment accepted for burning. These records may take
			 the form of a log, invoice, manifest, bill of lading, or other shipping
			 documents. Records for each shipment must include the following information:
(1) The name and address of the transporter
			 who delivered the used oil to the burner;
(2) The name and address of the generator or
			 processor/re-refiner who sent the used oil to the burner;
(3) The U.S. EPA identification number of the
			 transporter who delivered the used oil to the burner;
(4) The U.S. EPA identification number (if
			 applicable) of the generator or processor/re-refiner who sent the used oil to
			 the burner;
(5) The quantity of
			 used oil accepted; and
(6) The date
			 of acceptance.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-66 - Notices provided by the used oil burner

Current through all regulations passed and filed through July 1, 2024
(A) Certification. Before a burner accepts
			 the first shipment of off-specification used oil fuel from a generator,
			 transporter, or processor/re-refiner, the burner shall provide to the
			 generator, transporter, or processor/re-refiner a one-time written and signed
			 notice certifying that:
(1) The burner has
			 notified Ohio EPA stating the location and general description of his used oil
			 management activities; and
(2) The
			 burner will burn the used oil only in an industrial furnace or boiler
			 identified in paragraph (A) of rule
			 3745-279-61
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-67 - Management of residues by used oil burners

Current through all regulations passed and filed through July 1, 2024
Burners who generate residues from the storage or burning of
				used oil shall manage the residues as specified in paragraph (E) of rule
				3745-279-10
				of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-70 - Applicability of standards for used oil fuel marketers

Current through all regulations passed and filed through July 1, 2024
(A) Any person who conducts either of the
			 following activities is subject to the requirements of rules 3745-279-70 to
			 3745-279-75
			 of the Administrative Code:
(1) Directs a
			 shipment of off-specification used oil from their facility to a used oil
			 burner; or
(2) First claims that
			 used oil that is to be burned for energy recovery meets the used oil fuel
			 specifications set forth in rule
			 3745-279-11
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-71 - Prohibitions on used oil fuel marketers

Current through all regulations passed and filed through July 1, 2024
A used oil fuel marketer must initiate a shipment of
				off-specification used oil only to a used oil burner who:
(A) Has a U.S. EPA identification number; and
(B) Burns the used oil in an
			 industrial furnace or boiler identified in paragraph (A) of rule
			 3745-279-61
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-72 - On-specification used oil fuel

Current through all regulations passed and filed through July 1, 2024
(A) Analysis of used oil fuel. A generator,
			 transporter, processor/re-refiner, or burner shall determine that used oil that
			 is to be burned for energy recovery meets the fuel specifications of rule
			 3745-279-11
			 of the Administrative Code by performing analyses or obtaining copies of
			 analyses or other information documenting that the used oil fuel meets the
			 specifications.
(B) Record
			 retention. A generator, transporter, processor/re-refiner, or burner who first
			 claims that used oil that is to be burned for energy recovery meets the
			 specifications for used oil fuel under rule
			 3745-279-11
			 of the Administrative Code shall keep copies of analyses of the used oil(or
			 other information used to make the determination) for three years.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-73 - Notification by a used oil fuel marketer

Current through all regulations passed and filed through July 1, 2024
(A) U.S. EPA identification numbers. Used oil
			 fuel marketers subject to rules
			 3745-279-70
			 to
			 3745-279-75
			 of the Administrative Code who have not previously notified Ohio EPA or U.S.
			 EPA of regulated waste activity shall comply with this rule and shall obtain a
			 U.S. EPA identification number.
(B)
			 Mechanics of notification. A marketer who has not received a U.S. EPA
			 identification number may obtain one by notifying the director of the
			 marketer's used oil activity by submitting either:
(1) A completed Ohio EPA form EPA 9029 [to
			 obtain this form, call Ohio EPA's "Hazardous Waste Management
			 Program" at 614/644-2924].
(2) A letter requesting a U.S. EPA
			 identification number. Send the letter to "Ohio EPA, Hazardous Waste Management
			 Program, P.O. Box 1049, Columbus, Ohio," 43216-1049. The letter should
			 include all of the following information:
(a)
			 Marketer company name.
(b) Mailing
			 address of the marketer.
(c) Name
			 of the owner of the marketer.
(d)
			 Name and telephone number of the marketer point of contact.
(e) Type of used oil activity (e.g.,
			 generator directing shipments of off-specification used oil to a burner).
[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 3745-279 - Used Oil Management Standards › Section 3745-279-74 - Tracking of used oil to a burner

Current through all regulations passed and filed through July 1, 2024
(A) Off-specification used oil delivery. Any
			 used oil marketer who directs a shipment of off-specification used oil to a
			 burner must keep a record of each shipment of used oil to that burner. These
			 records may take the form of a log, invoice, manifest, bill of lading, or other
			 shipping documents. Records for each shipment must include the following
			 information:
(1) The name and address of the
			 transporter who delivers the used oil to the burner;
(2) The name and address of the burner who
			 receives the used oil;
(3) The U.S.
			 EPA identification number of the transporter who delivers the used oil to the
			 burner;
(4) The U.S. EPA
			 identification number of the burner;
(5) The quantity of used oil shipped; and
(6) The date of shipment.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-75 - Notices obtained by the used oil generator, transporter, processor, or re-refiner

Current through all regulations passed and filed through July 1, 2024
(A)
			 Certification. Before a used oil generator, transporter, or
			 processor/re-refiner directs the first shipment of off-specification used oil
			 fuel to a burner, he shall obtain a one-time written and signed notice from the
			 burner certifying that:
(1) The burner has
			 notified Ohio EPA stating the location and general description of used oil
			 management activities; and
(2) The
			 burner will burn the off-specification used oil only in an industrial furnace
			 or boiler identified in paragraph (a) of rule
			 3745-279-61
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-80 - Applicability of standards for use of used oil as a dust suppressant and disposal of used oil

Current through all regulations passed and filed through July 1, 2024
The requirements of rules 3745-279-80 to
				3745-279-82
				of the Administrative Code apply to all used oils that cannot be recycled and
				are therefore being disposed.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-279 - Used Oil Management Standards › Section 3745-279-81 - Disposal of hazardous and of nonhazardous used oils

Current through all regulations passed and filed through July 1, 2024
(A) Disposal of hazardous used oils. Used
			 oils that are identified as a hazardous waste and cannot be recycled in
			 accordance with Chapter 3745-279 of the Administrative Code
			 shall be
			 managed in accordance with  Chapters 3745-50 to 3745-69, 3745-205,
			 3745-256, 3745-266, and 3745-270 of the Administrative Code.
(B) Disposal of nonhazardous used oils. Used
			 oils that are not hazardous wastes and cannot be recycled under Chapter
			 3745-279 of the Administrative Code shall be disposed
			 in accordance with the applicable requirements of Chapters 3745-27, 3745-28,
			 3745-29, and 3745-30 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-03 - Voluntary action program fees

Current through all regulations passed and filed through July 1, 2024
(A)
			 Applicability. Fees shall be derived from the estimated actual costs associated
			 with performing all of the tasks, duties, and services related to the relevant
			 application or voluntary action program activity. Fees shall be primarily based
			 upon the following:
(1) The estimated typical
			 time to complete each task, duty, or service.
(2) The person or persons performing each
			 task, duty, or service.
(3) The
			 applicable hourly rate plus fringe benefits for the person or persons
			 performing the task, duty, or service.
(4) The estimated frequency of each task,
			 duty, or service.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-07 - Phase II property assessments for the voluntary action program

Current through all regulations passed and filed through July 1, 2024
[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
				3745-300-15 of the
				Administrative Code titled "Incorporation by reference - voluntary action
				program."]
(A) Applicability.
(1) A phase II property assessment shall be
			 conducted in accordance with this rule if a phase I property assessment
			 conducted in accordance with rule
			 3745-300-06 of the
			 Administrative Code reveals any information that establishes any reason to
			 believe that a release of hazardous substances or petroleum has or may have
			 occurred on or from the property, or there is reason to believe that a release
			 from an off-property source area is impacting the property. This rule does not
			 apply when a release is in an area that is demonstrated to be de minimis in
			 accordance with paragraph (E)(2)(a) of rule
			 3745-300-06 of the
			 Administrative Code.
(2) Factors
			 affecting eligibility of a property. The volunteer shall utilize information
			 from phase I or phase II property assessments to determine that a property is
			 eligible for the voluntary action program in accordance with rule
			 3745-300-02 of the
			 Administrative Code at the time of the no further action letter
			 issuance.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-08 - Generic numerical standards

Current through all regulations passed and filed through July 1, 2024
[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
				3745-300-15
				of the Administrative Code titled "Incorporation by reference - voluntary
				action program."]
(A)
								Generic numerical standards.
(1)
									Applicability.
(a)
										Generic numerical standards listed in this rule for
			 hazardous substances and petroleum may be used to demonstrate compliance with
			 applicable standards provided the exposure scenario for the property comports
			 with land use and activity patterns used to derive the generic numerical
			 standard. Generic numerical standards are provided for complete exposure
			 pathways to petroleum releases [paragraph (B) of this rule], direct contact
			 with hazardous substances in soil [paragraph (C) of this rule], indoor air
			 exposure due to vapor intrusion from environmental media to human receptors
			 [paragraph (D) of this rule], unrestricted potable use for hazardous substances
			 in ground water [paragraph (E) of this rule], and complete exposure pathways to
			 human and ecological receptors from surface water and sediment [paragraphs (G),
			 (H), and (I) of this rule]. The appendices to this rule provide the generic
			 numerical standards.
(b)
										If complete exposure pathways exist on a property that
			 are not considered in the development of a generic numerical standard listed in
			 this rule, or if a generic numerical standard is not listed for chemicals of
			 concern (COCs) on a property, applicable standards shall be derived in
			 accordance with rule
			 3745-300-09
			 of the Administrative Code. Demonstration of compliance with applicable
			 standards at a property may be made with a combination of generic numerical
			 standards in accordance with this rule and standards developed through a
			 property-specific risk assessment in accordance with rule
			 3745-300-09
			 of the Administrative Code or any other applicable standards.
(c)
										If radioactive
			 materials are identified at a property, the property may be subject to the
			 Atomic Energy Act and regulations adopted thereunder and Chapters 3701. and
			 3747. of the Revised Code and rules adopted thereunder. If radionuclides or
			 radioactive materials are present at a property, the volunteer shall contact
			 the Ohio department of health's bureau of environmental health and radiation
			 protection regarding the cleanup of the radionuclides or radioactive material.
			 Remedy approval by the Ohio department of health shall be considered sufficient
			 to meet applicable standards for radionuclides or radioactive materials for the
			 voluntary action and may be considered a generic numerical
			 standard.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-10 - Ground water classification and potable use response requirements, and urban setting designations

Current through all regulations passed and filed through July 1, 2024
[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
				3745-300-15
				of the Administrative Code titled "Incorporation by reference - voluntary
				action program."]
(A)
								Obligation to classify ground water zones identified in
			 paragraph (F)(2) of rule
			 3745-300-07
			 of the Administrative Code. Ground water underlying a property shall be
			 classified in accordance with this rule and paragraphs (F)(7) and (F)(8) of
			 rule
			 3745-300-07
			 of the Administrative Code unless one of the following conditions
			 applies:
(1)
									The
			 ground water zone does not contain concentrations of chemicals of concern
			 (COCs) in excess of unrestricted potable use standards as determined in
			 accordance with a phase II property assessment conducted under paragraph (F)
			 (3) of rule
			 3745-300-07
			 of the Administrative Code.
(2)
									For ground water
			 zones that exceed unrestricted potable use standards underlying and emanating
			 from the property, the response requirements consistent with critical resource
			 ground water under paragraph (E) of this rule are implemented.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-11 - Remediation

Current through all regulations passed and filed through July 1, 2024
[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
				3745-300-15
				of the Administrative Code titled "Incorporation by reference - voluntary
				action program."]
(A)
								Applicability and identification of when remedial
			 activities are required.
(1)
									Remedial activities shall be conducted to meet
			 applicable standards when a phase II property assessment conducted in
			 accordance with rule
			 3745-300-07
			 of the Administrative Code reveals that concentrations of chemicals of concern
			 (COCs) in any environmental media fail to comply with any of the
			 following:
(a)
										Applicable standards as determined from the generic
			 numerical standards in accordance with rule
			 3745-300-08
			 of the Administrative Code.
(b)
										Applicable
			 standards as determined from a property-specific risk assessment conducted in
			 accordance with rule
			 3745-300-09
			 of the Administrative Code.
(c)
										Background levels
			 as determined in accordance with rule
			 3745-300-07
			 of the Administrative Code, when background levels are the applicable
			 standards.
(d)
										Any other applicable standard of this
			 chapter.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-12 - Variances and case-by-case determinations

Current through all regulations passed and filed through July 1, 2024
(A)
			 Authority and scope for variances. A volunteer may apply to the director for a
			 variance from any applicable standard that otherwise applies to a property on
			 which a voluntary action is conducted.
(1)
			 Criteria for variances. The director shall issue a variance from those
			 applicable standards only if the volunteer makes the following demonstrations
			 to the director's satisfaction:
(a) Either or
			 both of the following:
(i) Compliance with
			 the applicable standards otherwise established at the property named in the
			 application is technically infeasible.
(ii) The costs of compliance with the
			 applicable standards otherwise established at the property substantially exceed
			 the economic benefits.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-13 - No further action letter content and procedures

Current through all regulations passed and filed through July 1, 2024
[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
				3745-300-15 of the
				Administrative Code titled "Incorporation by reference - voluntary action
				program."]
(A) No further action
			 letter timing. For the purposes of this chapter and Chapter 3746. of the
			 Revised Code, a no further action letter may be issued pursuant to this rule by
			 a certified professional for a property under one or a combination of the
			 following circumstances:
(1) After completion
			 of a phase I property assessment conducted in accordance with rule
			 3745-300-06 of the
			 Administrative Code, a certified professional determines that there is no
			 information that establishes any reason to believe a release of hazardous
			 substances or petroleum has or may have occurred at or upon a
			 property.
(2) After completion of a
			 phase I property assessment conducted in accordance with rule
			 3745-300-06 of the
			 Administrative Code, a certified professional determines a release of hazardous
			 substances or petroleum occurred on the property, and the release is
			 demonstrated in writing to be within a de minimis or previously addressed area
			 in accordance with paragraph (E)(2) of rule
			 3745-300-06 of the
			 Administrative Code.
(3) After
			 completion of a phase II property assessment conducted in accordance with rule
			 3745-300-07 of the
			 Administrative Code, a certified professional determines the concentrations of
			 chemicals of concern (COCs) pertaining to the property do not exceed the
			 applicable standards.
(4) After
			 completion of a phase II property assessment conducted in accordance with rule
			 3745-300-07 of the
			 Administrative Code, a certified professional determines the concentrations of
			 COCs pertaining to the property exceed the applicable standards but one or both
			 of the following situations occurs:
(a) Those
			 applicable standards are achieved through remedial activities.
(b) Those applicable standards shall be
			 achieved in accordance with one of the following mechanisms:
(i) An operation and maintenance plan, if
			 required under rule
			 3745-300-11 of the
			 Administrative Code.
(ii) A
			 consolidated standards permit issued under section
			 3746.15 of the Revised Code and
			 any rules adopted thereunder.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-14 - Audits

Current through all regulations passed and filed through July 1, 2024
(A) The
			 director shall conduct audits in connection with no further action letters
			 issued under section 3746.11 of the Revised Code for
			 any of the following purposes:
(1) To
			 determine whether, after completion of voluntary actions conducted pursuant to
			 this chapter and Chapter 3746. of the Revised Code, the properties upon which
			 the voluntary actions were conducted meet applicable standards.
(2) To review the qualifications of and work
			 performed by certified professionals under this chapter and Chapter 3746. of
			 the Revised Code to determine whether the certified professionals possess the
			 qualifications required for certification pursuant to rule
			 3745-300-05 of the
			 Administrative Code and whether the certified professionals' performance in the
			 voluntary action program has resulted in the issuance of no further action
			 letters that are not consistent with applicable standards.
(3) To review the qualifications of and work
			 performed by  laboratories to
			 determine whether the 
			 laboratories possess the qualifications required for certification pursuant to
			 rule 3745-300-04 of the
			 Administrative Code and whether the  laboratories' performance under this
			 chapter and Chapter 3746. of the Revised Code has resulted in the issuance of
			 no further action letters that are not consistent with applicable
			 standards.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-15 - Incorporated by reference - voluntary action program

Current through all regulations passed and filed through July 1, 2024
This chapter includes references to certain matter or material.
				The text of the incorporated materials is not included in the rules in this
				chapter. The materials are hereby made part of these rules in this chapter. For
				materials subject to change, only the specific version specified in this rule
				is incorporated. Any amendment or revision to a referenced document is not
				incorporated unless and until this rule is amended to specify the new
				dates.
(A) Code of Federal Regulations
			 (CFR) reference, 40 CFR
			 122.26. This regulation can generally be
			 found in most Ohio public libraries, the state library of Ohio, and
			 electronically at
http://www.ecfr.gov
.
			 This regulation may be purchased from "U.S. Government Printing, Superintendent
			 of Documents, Mail Stop SSOP, Washington DC" 20402-9328. As published in the
			 July 1, 2018 CFR.
(B) Federal
			 statute references. These laws may generally be found in most Ohio public
			 libraries, or electronically at
http://www.gpo.gov/fdsys
. Information
			 and copies may be obtained by writing to "U.S. Government Bookstore, 732 N.
			 Capitol Street NW, Washington, DC" 20401. The federal laws listed in this rule
			 are those versions of the laws amended through July 1, 2018.
(1) Atomic Energy Act of 1954,
			 42 U.S.C.
			 2011.
(2) Comprehensive Environmental Response,
			 Compensation, and Liability Act of 1980 (CERCLA),
			 42 U.S.C.
			 9601.
(3) Occupational Health and Safety Act, 84
			 stat. 1590, 29 U.S.C.
			 651.
(4) Resource Conservation and Recovery Act of
			 1976 (RCRA) or Solid Waste Disposal Act,
			 42 U.S.C.
			 6901.
(5) Safe Drinking Water Act,
			 42 U.S.C.
			 300f.
(6) Water Pollution Control Act,
			 33 U.S.C.
			 1251.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-01 - Incorporated by reference

Current through all regulations passed and filed through July 1, 2024
When used in the cessation of regulated operations (CRO) rules
				in Chapter 3745-352 of the Administrative Code, the following text or other
				materials are incorporated by reference.
(A) Code of federal regulations (CFR)
			 references. These regulations generally can be found in public libraries,
			 electronically at
http://www.gpo.gov/fdsys
, or can be
			 purchased from "U.S. Government Printing, Superintendent of Documents, Mail
			 Stop: SSOP, Washington, DC" 20402-9328. The regulations listed in this rule are
			 those published in the July 1, 2021 CFR.
(1)
			 40 CFR Part 112 .
(2)
			 [Reserved.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-05 - What definitions do I need to know in order to understand the "CRO rules?"

Current through all regulations passed and filed through July 1, 2024
The following definitions apply to this
				chapter of the Administrative Code:
(A) "Abandoned by the owner" means either of
			 the following that occurs on or after July 1, 1996:
(1) All of the fee owners of a reporting
			 facility have indicated affirmatively in writing to the holder of the first
			 mortgage on the real property at the facility that they, and all tenants
			 claiming possession under those owners, have abandoned all rights of possession
			 to the reporting facility;
(2) The
			 first mortgage loan on the real property at the reporting facility is in
			 default, the property is not occupied by any tenants, and the holder of the
			 first mortgage has been unable to contact the mortgagor under the mortgage
			 regarding the default within the earlier of ninety days after the default or
			 sixty days after the first time the first mortgage holder has attempted
			 unsuccessfully to contact the mortgagor following the default if the first
			 mortgage holder is unable to contact the mortgagor within the sixty-day period.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-10 - What is the "Cessation of Regulated Operations" program and how do I determine whether the "CRO rules" apply to a facility?

Current through all regulations passed and filed through July 1, 2024
(A) What is the "Cessation of Regulated
			 Operations" (CRO) program? The CRO program is a set of laws, and other
			 documents used to administer and enforce those laws, designed to prevent
			 companies from abandoning facilities where regulated substances were used,
			 stored or treated. The laws require the responsible parties to secure these
			 facilities until all regulated substances are properly removed.
(B) Why did lawmakers develop the CRO
			 program? Unfortunately, sometimes people abandon industrial properties where
			 dangerous chemicals were used, stored or treated. These abandoned factories and
			 warehouses are attractive playgrounds for children, and the results can be
			 tragic. Abandoned sites also can be damaging to the environment and can lead to
			 long, expensive cleanups.
(C) How
			 do I determine whether the "CRO rules" apply to a facility? You must make this
			 determination by using the following information:
(1)
									 If the facility
			 is a "reporting facility" as defined in rule
			 3745-352-05
			 of the Administrative Code, and what has occurred or will occur at the facility
			 meets the definition of "cessation of regulated operations" in rule
			 3745-352-05
			 of the Administrative Code, then the "CRO rules" apply to the facility.
(2)
									 If
			 the facility is exempt from the "CRO rules" [see paragraph (D) of this rule],
			 then the "CRO rules" do not apply to the facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-15 - Who is responsible for complying with the applicable CRO rules?

Current through all regulations passed and filed through July 1, 2024
You are responsible for complying with the applicable "CRO
				rules" if you are one or more of the following:
(A) An owner or operator of a facility
			 subject to the "CRO rules" (see rule
			 3745-352-20
			 of the Administrative Code);
(B) A
			 holder of a first mortgage on real property at a facility subject to the "CRO
			 rules" (see rule
			 3745-352-25
			 of the Administrative Code);
(C) A
			 fiduciary for a facility subject to the "CRO rules" (see rule
			 3745-352-25
			 of the Administrative Code);
(D) An
			 indentured trustee for a facility subject to the "CRO rules" (see rule
			 3745-352-25
			 of the Administrative Code); or
(E)
			 A receiver appointed under Chapter 2735. of the Revised Code for a facility
			 subject to the "CRO rules" (see rule
			 3745-352-25
			 of the Administrative Code).
Five Year Review (FYR) Dates:
				03/02/2017 and
				03/02/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3752.03
Rule
				Amplifies: 3752.04,
				3752.11,
				3752.111,
				3752.112,
				3752.113
Prior
				Effective Dates: 09/30/1996
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-20 - What are my responsibilities if I am an owner or operator?

Current through all regulations passed and filed through July 1, 2024
You have different responsibilities depending on whether you
				have permanently ceased or temporarily discontinued all regulated
				operations.
(A) What are my
			 responsibilities as an owner or operator if I have permanently ceased all
			 regulated operations? You must comply with the following:
(1) Not later than thirty days after
			 cessation of regulated operations, you must:
(a) Submit a notice of cessation of regulated
			 operations to the director, the local emergency planning committee, and the
			 fire department using form EPA 0327.
(b) Secure the facility in accordance with
			 rule
			 3745-352-30
			 of the Administrative Code. You must maintain this security until you have
			 performed the measures required under paragraphs (A)(2)(d) to (A)(2)(f) of this
			 rule and the director has verified your compliance and has concurred with your
			 certification made under paragraph (A)(2)(g) of this rule.
(c) Designate a contact person for the
			 facility in accordance with rule
			 3745-352-35
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-25 - What are my responsibilities if I am holder of a first mortgage on real property, a fiduciary, an indentured trustee for debt securities, or a receiver?

Current through all regulations passed and filed through July 1, 2024
You will have different responsibilities depending upon your
				relationship with the facility.
(A)
			 What are my responsibilities if I am a fiduciary, an indentured trustee for
			 debt securities, or a receiver and I have taken actual or direct control of the
			 facility? You are not required to comply with this rule. Instead, you are an
			 operator and must comply with rule
			 3745-352-20
			 of the Administrative Code.
(B)
			 What are my responsibilities if I am a fiduciary, an indentured trustee for
			 debt securities, or a receiver who has not taken actual or direct control of
			 the facility, or a holder of a first mortgage?
(1) If you are a holder of a first mortgage
			 on real property or a receiver under division (F) of section
			 3752.11 of the Revised Code
			 appointed by the court to succeed to the obligations of the holder of the first
			 mortgage at a reporting facility that has been abandoned by the owner and at
			 which all regulated operations have been temporarily or permanently
			 discontinued, you must comply with table 1 of this rule to determine your
			 responsibilities.
(2) If you are a
			 fiduciary for a reporting facility at which all regulated operations have been
			 permanently ceased and the operator has failed to comply with rule
			 3745-352-30
			 of the Administrative Code, you must comply with table 2 of this rule to
			 determine your responsibilities.
(3) If you are an indentured trustee for debt
			 securities or certificates of participation in any such debt securities and you
			 have foreclosed on your interest at a reporting facility where all regulated
			 operations have been permanently ceased and the operator has failed to comply
			 with rule
			 3745-352-30
			 of the Administrative Code, you must comply with table 3 of this rule to
			 determine your responsibilities.
(4) If you are a receiver appointed under
			 Chapter 2735. of the Revised Code, you must comply with table 4 of this rule to
			 determine your responsibilities.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-30 - How do I provide adequate security?

Current through all regulations passed and filed through July 1, 2024
You must secure against unauthorized entry into each outdoor
				location of operation and each building or structure at the facility where
				regulated operations were conducted that contains or is contaminated with
				regulated substances by providing entry barriers, posting warning signs, and
				maintaining security measures as provided in this rule.
(A) What are the acceptable methods of
			 providing entry barriers? You must use one or more of the following methods:
(1) Board, lock, or use other means to secure
			 all windows, doors, and other potential means of entry;
(2) Provide fencing;
(3) Provide lighting and a surveillance
			 system;
(4) Provide security
			 through the employment of a guard or security service; or
(5) Demonstrate to the satisfaction of the
			 director that the proposed security measures secure against unauthorized entry
			 into each building or structure at the facility where regulated operations were
			 conducted that contains or is contaminated with regulated substances and each
			 outdoor location of operation.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-35 - How do I designate a contact person?

Current through all regulations passed and filed through July 1, 2024
You must designate a contact person in the manner described in
				this rule. The contact person will have the responsibility to provide access to
				the facility, provide information regarding the facility as requested by the
				director, and serve as the contact for emergencies and other occurrences at the
				facility.
(A) When must I designate a
			 contact person? You must designate a contact person when you submit form EPA
			 0327, as required by rule
			 3745-352-20
			 of the Administrative Code.
(B)
			 What information am I required to submit when I designate a contact person? You
			 are required to submit the following:
(1) The
			 address of the principal office of the owner or operator;
(2) The business or residence address of the
			 contact person;
(3) The telephone
			 number of the contact person; and
(4) The date the contact person began serving
			 as the designated contact.