Ohio RCRA and Hazardous Waste Program Overview
Ohio hazardous waste regulations: generator categories, corrective action, DMWM/DERR roles, and how RCRA interacts with VAP and CERCLA.
Overview
The Resource Conservation and Recovery Act (RCRA) establishes the federal framework for managing hazardous waste from the point of generation through final disposal - commonly called “cradle-to-grave” management. Ohio implements RCRA through ORC 3734 (Solid and Hazardous Waste) and OAC Chapters 3745-50 through 3745-270.
Ohio has full authorization from U.S. EPA to administer the RCRA program within the state. Ohio’s rules are largely consistent with the federal program, but some state-specific provisions apply. Businesses in Ohio must always refer to Ohio-specific rules rather than assuming federal rules are sufficient.
Ohio EPA’s Organizational Structure for RCRA
Division of Materials and Waste Management (DMWM)
DMWM handles the day-to-day regulatory program for hazardous waste:
- Generator compliance and inspections
- Hazardous waste transporter registration
- Treatment, Storage, and Disposal Facility (TSDF) permitting
- Hazardous waste identification and classification
- Universal waste program
- Biennial reporting
- Contact: 614.644.2621
Division of Environmental Response and Revitalization (DERR)
DERR handles RCRA corrective action:
- Cleanup of releases at RCRA facilities
- RCRA Facility Investigation (RFI) oversight
- Corrective Measures Study (CMS) and Implementation (CMI)
- RCRA organic air emissions rules
- Contact: 614.644.2924
Generator Program
The generator program is the part of RCRA most consultants and businesses interact with regularly. For a detailed breakdown of generator categories and requirements, see RCRA Generator Requirements - Ohio.
Generator Categories
| Category | Monthly Generation | Key Rules |
|---|---|---|
| Very Small Quantity Generator (VSQG) | 100 kg or less (220 lbs) of hazardous waste; 1 kg or less of acute hazardous waste | OAC 3745-52-14 |
| Small Quantity Generator (SQG) | More than 100 kg but less than 1,000 kg (220-2,200 lbs) | OAC 3745-52-16 |
| Large Quantity Generator (LQG) | 1,000 kg or more (2,200+ lbs); or more than 1 kg of acute hazardous waste | OAC 3745-52-17 |
EPA Identification Numbers
All generators of hazardous waste should obtain an EPA ID number using Ohio EPA Form 9029 (RCRA Subtitle C Site Identification Form). While VSQGs are not federally required to have an ID number, Ohio EPA and most licensed transporters require one as a practical matter.
RCRA Corrective Action
RCRA corrective action is the cleanup process for RCRA facilities - primarily permitted or interim status Treatment, Storage, and Disposal Facilities (TSDFs) - where releases of hazardous waste or hazardous constituents have occurred. DERR administers corrective action in Ohio.
How Sites Enter Corrective Action
Facilities are typically brought into corrective action through:
- RCRA permit applications (corrective action is a condition of the permit)
- Administrative orders issued by Ohio EPA
- Voluntary agreements with Ohio EPA
- Identification of releases during facility inspections
The Corrective Action Process
RCRA Facility Assessment (RFA): Preliminary review to identify potential releases and determine whether further investigation is needed.
RCRA Facility Investigation (RFI): Detailed investigation of the nature and extent of contamination, similar to a CERCLA Remedial Investigation. Characterizes soil, groundwater, surface water, sediment, and air contamination.
Corrective Measures Study (CMS): Evaluation of remedial alternatives, similar to a CERCLA Feasibility Study. Identifies and assesses options for cleaning up contamination.
Corrective Measures Implementation (CMI): Design and implementation of the selected remedy.
Corrective Action vs. Other Cleanup Programs
| Feature | RCRA Corrective Action | VAP | CERCLA (Superfund) |
|---|---|---|---|
| Trigger | RCRA permit or order | Voluntary enrollment | NPL listing or EPA action |
| Oversight | Ohio EPA DERR | Private CPs (minimal Ohio EPA) | Ohio EPA DERR or U.S. EPA |
| Standards | Site-specific, ARARs | CIDARS generic standards | Site-specific, ARARs |
| Process | RFA/RFI/CMS/CMI | Phase I/II/NFA | PA/SI/RI/FS/ROD/RD/RA |
| Liability outcome | Ongoing compliance | NFA letter / CNS | Site-specific |
A facility may be subject to both RCRA corrective action and other cleanup programs if multiple regulatory authorities apply. A site cannot be in both the VAP and corrective action simultaneously for the same release.
Hazardous Waste Determination
Before managing any waste, generators must determine whether the waste is hazardous. This is one of the most fundamental requirements under RCRA. For a detailed guide on how to make this determination, see Hazardous Waste Determination Guide.
Ohio-Specific Provisions
While Ohio’s RCRA program mirrors the federal program, some state-specific elements include:
- Universal waste additions: Ohio has added aerosol containers, antifreeze, and paint to the universal waste program, in addition to the federal categories (batteries, pesticides, mercury-containing equipment, lamps)
- Generator Improvements Rule: Ohio adopted the federal Generator Improvements Rule effective October 5, 2020, including episodic generation provisions, VSQG consolidation at LQGs, SQG re-notification every 4 years, and LQG closure notification
- Cessation of Regulated Operations (CRO): Ohio’s CRO program (OAC 3745-69) provides a pathway for facilities ceasing hazardous waste management operations to address closure and post-closure obligations
- Biennial reporting: LQGs must file biennial hazardous waste reports by March 1 of each even-numbered year. As of 2020, LQGs must also re-notify every 2 years, which can be satisfied by filing the biennial report.
Resources
- Ohio EPA DERR - RCRA Regulations - Hazardous waste and corrective action rules
- Ohio EPA DMWM - Generator compliance and permitting
- Ohio EPA Notification of Regulated Waste Activity - EPA ID number and Form 9029
- U.S. EPA RCRA Online - Federal RCRA resources
- RCRAInfo Web - Look up facility RCRA status
Frequently Asked Questions
What is RCRA?
The Resource Conservation and Recovery Act (RCRA) is the federal law governing the management of hazardous waste from generation through disposal (cradle-to-grave). In Ohio, RCRA is implemented through ORC 3734 and OAC Chapters 3745-50 through 3745-270. Ohio has full authorization from U.S. EPA to administer the base RCRA program and most subsequent federal rule revisions.
Which Ohio EPA division handles hazardous waste?
Two divisions share responsibility. The Division of Materials and Waste Management (DMWM) handles hazardous waste generator compliance, permitting, and most day-to-day regulatory oversight. The Division of Environmental Response and Revitalization (DERR) handles RCRA corrective action at facilities with known contamination. DERR also administers the VAP and Superfund cleanup programs.
What are the generator categories?
Ohio follows the federal generator categories: Very Small Quantity Generator (VSQG) generates 100 kg or less of hazardous waste per month, Small Quantity Generator (SQG) generates more than 100 kg but less than 1,000 kg per month, and Large Quantity Generator (LQG) generates 1,000 kg or more per month. Different rules apply to each category for accumulation time, storage quantities, training, and reporting.
Does Ohio have any state-specific hazardous waste requirements?
Ohio's RCRA program is largely consistent with the federal program, and Ohio does not have state-specific waste codes. However, Ohio adopted the Generator Improvements Rule (effective October 5, 2020) which includes provisions for episodic generation, VSQG consolidation at LQGs, SQG re-notification every 4 years, and LQG closure notification requirements. Ohio also has state-specific universal waste provisions for aerosol containers, antifreeze, and paint.
What is RCRA corrective action?
RCRA corrective action is the cleanup process for releases of hazardous waste or hazardous constituents at RCRA-permitted or interim status facilities. It is analogous to CERCLA cleanup but applies to RCRA facilities rather than Superfund sites. The corrective action process includes the RCRA Facility Investigation (RFI), Corrective Measures Study (CMS), and Corrective Measures Implementation (CMI). In Ohio, RCRA corrective action is managed by DERR.