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Ohio Administrative Code (Last Updated: January 12, 2021) |
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3745 Ohio Environmental Protection Agency |
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Chapter3745-52. Generator Standards |
3745-52-232. Conditions for generators that manage hazardous waste from an episodic event
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(A) Very small quantity generator. A very small quantity generator may maintain the generator's existing generator category for hazardous waste generated during an episodic event provided that the generator complies with all of the following conditions:
(1) The very small quantity generator is limited to one episodic event per calendar year, unless a petition is granted under rule 3745-52-233 of the Administrative Code.
(2) Notification. The very small quantity generator shall notify Ohio EPA no later than thirty calendar days prior to initiating a planned episodic event using Ohio EPA form 9029. In the event of an unplanned episodic event, the generator shall notify Ohio EPA within seventy-two hours after the unplanned event via telephone, email, or fax and subsequently submit Ohio EPA form 9029. The generator shall include the start date and end date of the episodic event, the reason for the event, and types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with twenty-four-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with paragraph (B)(9)(a) of rule 3745-52-16 of the Administrative Code.
(3) U.S. EPA identification number. The very small quantity generator shall have a U.S. EPA identification number or obtain a U.S. EPA identification number using Ohio EPA form 9029.
(4) Accumulation. A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste in containers and tanks, all of the following conditions apply:
(a) Containers. A very small quantity generator accumulating in containers shall mark or label the containers with the following:
(i) The words "Episodic 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 the episodic event began, clearly visible for inspection on each container.
(b) Tanks. A very small quantity generator accumulating episodic hazardous waste in tanks shall do all of the following:
(i) Mark or label the tank with the words "Episodic Hazardous Waste."
(ii) Mark or label the 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 identify the date upon which each episodic event begins.
(iv) Keep on-site and readily available for inspections the inventory logs or records with the information required in paragraph (A)(4)(b) of this rule.
(c) Hazardous waste shall be managed in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste or hazardous waste constituents to the air, soil, or water, including the following:
(i) Containers shall be in good condition and compatible with the hazardous waste being accumulated therein. Containers shall be kept closed except to add or remove waste.
(ii) Tanks shall be in good condition and compatible with the hazardous waste accumulated therein. Tanks shall have procedures in place to prevent the overflow (e.g., be equipped with a means to stop inflow with systems such as a waste feed cutoff system or bypass system to a standby tank when hazardous waste is continuously fed into the tank). Tanks shall be inspected at least once each operating day to ensure all applicable discharge control equipment, such as waste feed cutoff systems, bypass systems, and drainage systems are in good working order and to ensure the tank is operated according to the tank's design by reviewing the data gathered from monitoring equipment such as pressure and temperature gauges from the inspection.
(5) The very small quantity generator shall comply with the hazardous waste manifest rules 3745-52-20 to 3745-52-27 of the Administrative Code when the very small quantity generator sends the very small quantity generator's episodic event hazardous waste off-site to a "designated facility," as defined in rule 3745-50-10 of the Administrative Code.
(6) The very small quantity generator has up to sixty calendar days from the start of the episodic event to manifest and send the very small quantity generator's hazardous waste generated from the episodic event to a "designated facility," as defined in rule 3745-50-10 of the Administrative Code.
(7) Very small quantity generators shall maintain all of the following records for three years after the end date of the episodic event:
(a) Beginning and end dates of the episodic event.
(b) A description of the episodic event.
(c) A description of the types and quantities of hazardous wastes generated during the event.
(d) A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste.
(e) Names of hazardous waste transporters.
(f) An approval letter from Ohio EPA if the generator petitioned to conduct one additional episodic event per calendar year.
(B) Small quantity generators. A small quantity generator may maintain the small quantity generator's existing generator category during an episodic event provided that the small quantity generator complies with the following conditions:
(1) The small quantity generator is limited to one episodic event per calendar year unless a petition is granted under rule 3745-52-233 of the Administrative Code.
(2) Notification. The small quantity generator shall notify Ohio EPA no later than thirty calendar days prior to initiating a planned episodic event using Ohio EPA form 9029. In the event of an unplanned episodic event, the small quantity generator shall notify Ohio EPA within seventy-two hours after the unplanned event via telephone, email, or fax, and subsequently submit Ohio EPA form 9029. The small quantity generator shall include the start date and end date of the episodic event, the reason for the event, types and estimated quantities of hazardous wastes expected to be generated as a result of the episodic event, and identify a facility contact and emergency coordinator with twenty-four-hour telephone access to discuss the notification submittal or respond to emergency.
(3) U.S. EPA identification number. The small quantity generator shall have a U.S. EPA identification number or obtain a U.S. EPA identification number using Ohio EPA form 9029.
(4) Accumulation by small quantity generators. A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event waste on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, the following conditions apply:
(a) Containers. A small quantity generator accumulating episodic hazardous waste in containers shall meet the standards in paragraph (B)(2) of rule 3745-52-16 of the Administrative Code and shall mark or label the small quantity generator's containers with all of the following:
(i) The words "Episodic 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 the episodic event began, clearly visible for inspection on each container.
(b) Tanks. A small quantity generator accumulating episodic hazardous waste in tanks shall meet the standards in paragraph (B)(3) of rule 3745-52-16 of the Administrative Code and shall do all of the following:
(i) Mark or label the tank with the words "Episodic Hazardous Waste."
(ii) Mark or label the 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 identify the date upon which each period of accumulation begins and ends.
(iv) Keep on-site and readily available for inspections the inventory logs or records with the information required in paragraph (B)(4)(b) of this rule.
(5) The small quantity generator shall treat hazardous waste generated from an episodic event on-site or manifest and ship such hazardous waste off-site to a "designated facility," as defined in rule 3745-50-10 of the Administrative Code, within sixty calendar days after the start of the episodic event.
(6) The small quantity generator shall maintain all of the following records for three years after the end date of the episodic event:
(a) Beginning and end dates of the episodic event.
(b) A description of the episodic event.
(c) A description of the types and quantities of hazardous wastes generated during the event.
(d) A description of how the hazardous waste was managed as well as the name of the "designated facility," as defined by rule 3745-50-10 of the Administrative Code, that received the hazardous waste.
(e) Names of hazardous waste transporters.
(f) An approval letter from Ohio EPA if the generator petitioned to conduct one additional episodic event per calendar year.
[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."]