3745-27-19 Operational criteria for a sanitary landfill facility.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Environmental Protection Agency

Agency Name

 

Division of Solid and Infectious Waste Management (DSIWM)

Bob Large

Division                                                                  Contact

50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049

614-728-5347        614-728-5315

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3745-27-19

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Operational criteria for a sanitary landfill facility.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3734.02, 3734.12

5.  Statute(s) the rule, as filed, amplifies or implements: 3734.02, 3734.12

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being amended along with the 5-year rule review of the scrap tire program rules since this rule contains the disposal option for scrap tires in a sanitary landfill facility.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule was amended to change terminology "final closure" to "closure." A limited exception for solid waste facilities to accept scrap tires which can not be processed at a scrap tire recovery facility based on a scrap tire shipping paper signed by the operator of the scrap tire recovery facility was added to the rule. This rule contains the operational requirements for a sanitary landfill facility.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule contains references to the Ohio Administrative Code (OAC) and the Ohio Revised Code (ORC). While copies of these rules and statutes are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC section 121.76 (A) exempts such references from the provisions of ORC sections 121.71 through 121.74.

The rule also contains references to the Code of Federal Regulations (CFR). These rules are generally available through libraries and online sources, including the Ohio EPA and U.S. EPA websites. CFR references have also been dated to reference the specific version of the rules. ORC section 121.75 (D) exempts such references from the requirements of ORC sections 121.71 through 121.74.

The rule also contains references to the analytical test methods used to determine parameters for materials subject to this rule. These test methods are commonly known and utilized by laboratories performing this type of analytical work. Copies of these test methods are available in libraries and the appropriate websites (ASTM, ANSI, NFPA, NACE, etc.).

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

There were incorporation by reference changes made and the wrong version of the rule was filed.

The second revised filing was done to fix a date in the history trail of effective dates of this rule.

12. 119.032 Rule Review Date: 8/8/2007

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

The amendments will neither increase nor decrease Ohio EPA revenues or expenditures in the current biennium. The amendments will have no impact on Ohio EPA's budget.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The cost of compliance for this rule will vary depending on the type and size of facility. This rule requires that certain performance standards be met but does not mandate how these standards must be reached. One example is that noise, dust, and odors must be strictly controlled as not to cause a nuisance or a health hazard.

Different management techniques that range in cost may be employed by the owner or operator. The amendments to this rule have not changed the cost of compliance for this rule from the previously effective version.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes

You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 of the 121st General Assembly.

                                                                                                                                             

Page E-1                                                                                   Rule Number: 3745-27-19

Environmental Rule Adoption/Amendment Form

Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall:

(1)    Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment.

(2)   Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment.

(3)  Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whether the proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart.

(4)   Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

(A)  Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted ? Yes

Please list each contact.

These rules were sent out to interested parties for a thirty-eight day interested party period. After the responses to comments were created, the Agency met with certain interested parties to work through the created responses and rule changes.

Please see the attachment for a list of impacted parties who were contacted and invited to comment.

(B)  Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or amendment considered ? Yes

Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

Page E-2                                                                                   Rule Number: 3745-27-19

Other Ohio laws and rules

(C)  Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program ? No

Is the proposed rule or rule amendment more stringent than its federal counterpart ? No

(D)  If this is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No

Not Applicable

                                                                                                                                             

Scrap Tire Rules Listserv Participants

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Scrap Tire Rules Listserv Participants

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A&C Tire Centers

39479 Center Ridge Road North Ridgeville, OH 44039

Agg Rok Materials Co. 2300 Brown Rd.

Grove City, OH 43123

Allied Waste Industries Richland Co. Transfer Station 621 Newman Street

Mansfield, OH 44902

Akron City Health Department ATTN: Donald Manson

177 S. Broadway, Room 438

Akron, OH 44308-1799

American Landfill, Inc. 7916 Chapel Street, SE Waynesburg, OH 44688

American Scrap Tire Recyclers Inc. ATTN: Sandy Schroll

3574 N. Meiers Rd. Geneva, OH 44041

American Tire & Wheel Products, Inc. 45 Firestone Drive

P.O. Box 5015 Shelby, OH 44875

Apex Environmental LLC 53002 High Ridge Rd.

Bridgeport, OH 43912

Ashland County Recycling Center 1270 Middle Rowsburg Rd.

Ashland, OH 44805

Ashland Rubber Mat Company 1221 Elm Street

P.O. Box 267 Ashland, OH 44805

Ashtabula City Health Department ATTN: Mick Szabo

4717 Main Ave.

Ashtabula, OH 44004

Ashtabula Township Trustees 2718 N.R.E.

Ashtabula, OH 44004

B&L Tire Company 5185 W. Wooster Road Norton, OH 44203

Beech Hollow Landfill Tire Collection Facility 28 AW Long Rd.

Wellston, OH 45692

Bob Burky Hauling & Tire Recycle 5 Dale Avenue

Shelby, OH 44875

Brown County Landfill Tire Collection Facility 9427 Beyers Rd.

Georgetown, OH 45121

Browning Ferris Industries of Ohio 40195 Butternut Ridge Rd.

Elyria, OH 44035

Browning Ferris Industries of Ohio, Inc. 8123 Jones Rd.

Cleveland, OH 44105

Browning-Ferris Industries of Ohio 3870 Henricks Rd.

Austintown, OH 44515

Buckeye Tire Recycling ATTN: Dan Ball

1130 Performance Place

Youngstown, OH 44502

Cain Tire

489 S. Columbine Ave. Akron, OH 44312

Campbell Scrap Tire Company 3905 Avalon Drive

Zanesville, OH 43701

Casings, Inc.

Route 9W Maple Avenue

P.O. Box 731 Catskill, NY 12414

City of Delaware

ATTN: Tim Browning, Pub. Works Dir. 1 S. Sandusky Street

Delaware, OH 43015

City of Hamilton Transfer Tire Collection Facility 1000 North Third Street Hamilton, OH 45011

City of Lancaster

Tire Collection Facility 743 S. Ewing St.

Lancaster, OH 43130

CNC Wholesale 1300 S. Erie Street Massillon, OH 44646

Continental Turf Systems 21801 Road, E-16

P.O. Box 389 Continental, OH 45831

D&R Recyclers, Inc. 3851 South Street

Hamilton, OH 45011-5894

Dave Campbell Scrap Tire 2485 Maysville Pike

Zanesville, OH 43701

Dayton Ear, Nose, and Throat Surgeons 7076 Corporate Way

Dayton, OH 45459

Delaware County Transfer Tire Collection Facility

888 US Route 42 N

Delaware, OH 43015

DTR, Inc.

2640 Hoods Creek Pike Ashland, KY 41102

Durable Corporation ATTN:Thomas Secor 75 N. Pleasant Street

P.O. Box 290 Norwalk, OH 44857

Durbar-Shredder, Inc. 6800-B Industrial Drive Delta, OH     43515

Elk Distributing, Inc. 57858 Charlotte Avenue

Elkhart, IL 46517

Entech, Inc. 69676 M-103

White Pigeon, MI 49099

Eschtruth/Rowland Enterprises ATTN: Tom Eschtruth

6920 West Ridge Road Lorain, OH 44053

Enviro Tire Recycling 1865 Pursell Rd.

Fostoria, OH 44830

Enviva Materials Youngstown LLC 1130 Performance Pl.

Youngstown, OH 44502

Fayette County Tire Collection Facility 1580 Robinson Rd.

Washington Courthouse, OH 43160

Findlay City Health Department 445 Clinton Ct.

Findlay, OH 45840

Friendly Tire

3469 Marthas Chapel Rd. Cunningham, TN 37052

Genesis Concepts Unlimited LLC

P.O. Box 805 Medina, OH 44258

GJMV SWMD

1056 S. New Hampshire Avenue Wellston, OH 45692

Goodyear Akron Tech. Center Attn: Don Reedy D 197-D 1144 E. Market St.

Akron, OH 44316

Green Environmental Coalition

P.O. Box 266

Yellow Springs, OH 45387

Greg's Eagle Tire Company, Inc. 3425 Lincolnway East

Massillon, OH 44646

Harris & Associates 1310 East Avenue

Akron, OH 44307

Harvard Refuse, Inc. 7720 Harvard Ave.

Cleveland, OH 44105

Henry County Landfill

c/o Scrap Tire Recovery Facility L-622 County Road 11

Malinta, OH 43535

Henry County Solid Waste District ATTN: Michael Imbrock

Henry County Landfill

P.O. Box 96 Malinta, OH 43535

Horodyski Bros. & Company 5137 SR 7

P.O. Box 158 Burghill, OH 44404

Iron Valley Landfill 21 TR 287 N

Chesapeake, OH 45619

Jefferson County Health Dept. ATTN: Rich Kelly

500 Market St., 7th Floor Steubenville, OH 43952

J&J Refuse, Inc.

P.O. Box 448 Dover, OH 44622

Jim Dohorty Trucking Inc. 1439 State Rte 534 S.

Geneva, OH 44041

Kelbley Tire Recycle 2876 W TR 18

Tiffin, OH 44883

Kurtz Bros. Inc. 6415 Granger Road

Independence, OH 44131

Lahser Tire 25200 Mary

Taylor, MI 48180

Lakin General Corporation 2044 N. Dominick Street Chicago, IL 60614

Landmark Disposal, Ltd. 7420 Exchange Street Valley View, OH 44125

Liberty Tire Services of Ohio, LLC 3041 Jackson Pike

Grove City, OH 43123

Liberty Tire Services of Ohio, LLC 14864 Lincoln St., SE

Minerva, OH 44657

Lightner Tire Company 780 E. Waterloo Road Akron, OH 44306

Little Bear Wood Products 8957 Co Rd P35

Blair, NE 68008

Mat Shop

34385 Salem Grange Road Salem, OH 44460

Montgomery Cnty. North Tire Coll. Fac. 6589 N. Webster Street

Dayton, OH 45414

Montgomery County SW Services Div. 2550 Sandridge Drive

Dayton, OH 45439

Montgomery County Tire C/F 2550 Sandridge Drive

Dayton, OH 45439

N&R&G Recycling, Inc. 471 Freedom Dr.

Napoleon, OH 43545

Nationwide OTR Recyclers 203 E. Fourth St.

Armington, IL 61721

Nichy Tire Company 891 West Liberty Street Medina, OH 44256

Norris Environmental Services 6977 Killdeer Dr.

Canfield, OH 44406

Norris Environmental Services 14978 East Liverpool Road Calcutta, OH 43920

Northwest Tire Service 520 E. Poe Rd.

Bowling Green, OH 43402

Ohio Department of Transportation 1620 W. Broad St.

Columbus, OH 43223

Ohio Scrap Tire Coalition ATTN: Sally Clendennon 1300 S. Erie St.

Massillon, OH 44646

Ottawa County Health Dept. ATTN: Nancy Osborn

1856 E. Perry St.

Port Clinton, OH 43452

Perrysville Iron and Metal 8025 Dial Road

Bowerston, OH 44695

Pike Sanitation Inc. 123 S. Lock St.

Waverly, OH 45690

Pike Sanitation Landfill 11775 State Route 220 East

Waverly, OH 45690

Portage County Health District ATTN: DuWayne Porter

449 S. Meridian Street Ravenna, OH 44266-2963 Porter Tire Center

18361 W. US Highway 60 Olive Hill, KY 41164

Portsmouth Scrap Tire Collection 620 Elm Street

Portsmouth, OH 45662

Preble County Landfill 4239 State Route 127

Eaton, OH 45320

Quality Tires

4313 Colerain Ave.

Cincinnati, OH 45223

R & J Trucking Inc. 8063 Southern Blvd.

Youngstown, OH 44512 R&E Salvage Tire Co. 2071 Hebbardsville Rd.

Albany, OH 45710

R&R Tire Disposal 5119 Pheasant St.

Elida, OH 45807

R.L.S. Corporation 990 Eastern Avenue

P.O. Box 327 Chillicothe, OH 45601

Rauch Trucking Company, Inc. 1550 Soldiers Home-W. Carrollt Dayton, OH 45418

Recovery Technologies PA, Inc. 100 Talbot Ave.

Braddock, PA 15104

Republic Waste Services 2800 S. Eric St.

Massillon, OH 44646

Richard McMahon 1617 Mohican Road

Stow, OH 44224

RLS Corporation

P.O. Box 327 Chillicothe, OH 45601

Rolling Scrap Tires, Inc. 317 Deer Creek Dr.

P.O. Box 64 Struthers, OH 44471

RRI of Ohio Inc. 1165 Brittain St.

Youngstown, OH 44502

RRI of Ohio, Inc. 1 Gateway Center

420 Duquesne Blvd.

Pittsburgh, PA 15222

Rumpke Greenville R&T Station Tire Collection Facility

5474 Jaysville-St. Johns Road Greenville, OH 45331

Rumpke of Kentucky, Inc. 10795 Hughes Rd.

Cincinnati, OH 45251

Rumpke of Ohio Inc. 3851 South St.

Hamilton, OH 45251

Rumpke Sanitary Landfill 10795 Hughes Road

Cincinnati, OH 45251

Rumpke Transportation Co., LLC 10795 Hughes Road

Cincinnati, OH 45251

S.R.I. Incorporated

1550 Soldiers-Home West Carro Dayton, OH 45418

Seneca County Health Dept. ATTN: Nicki Lucius

71 S. Washington St., Suite 1102

Tiffin, OH 44883

Slaughter's Tire Services, Inc. 138 Beaver Street

Akron, OH 44304

Slesnick Iron & Metal Company 927 Warner Road S.E.

Canton, OH 44707

Solid Waste Authority of Central Ohio 6220 Young Road

Grove City, OH 43123

Southwest Tire Company 919 Dona Avenue

Dayton, OH 45408

Stark County Health Department ATTN: Robert L. Somrak, Dir. E.H. 3951 Convenience Circle, NW Canton, OH 44718

Stonebrakers Garage Ltd. 46730 Main St. Centerville Jacobsburg, OH 43933

Sundown Tire Recycling 1013 Happy Hollow Rd. Piketon, OH 45661

Sutton's Tire Center 6015 Lake Avenue

Elyria, OH 44035

Tedrow Auto Wrecking 9109 Co Rd. 17-3

Wauseon, OH 43567

The General Contractor's Co. 1647 W. Pleasant St.

Springfield, OH 45506

Tire Town Inc. 401 S. 2nd St.

Leavenworth, KS 66048

Tony Smith Wrecking & Trucking Co. 2855 Oletha Avenue

Springfield, OH 45505

Triad Transport, Inc.

1011 South Prospect Street Marion, OH 43302

Tri-County Industries 159 TCI Park Drive Grove City, PA 16127

TTI Tire Ohio LLC

210 Thirteenth St., Bldg. #10

Malta, OH 43758

Uptown Tire Company 3401 Montgomery Rd.

Cincinnati, OH 45207

Waste Management of Ohio c/o American Landfill

7916 Chapel Street SE Waynesburg, OH 44688

Westover Tire

10986 East Washington Chagrin Falls, OH 44023

Wholesale Tire Company Inc. 730 East Market St.

Warren, OH 44481

Wyandot Co. Health Dept. ATTN: Steven R. Brinkman, R.S. 127-A South Sandusky Ave.

Upper Sandusky, OH 43351

Village of Edgerton ATTN: James J. Brown 103 South Michigan Ave.

P.O. Box 609 Edgerton, OH 43517