Ohio EPA Proposed Industrial/Residual Solid Waste Rule Changes

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Ohio EPA Proposed Industrial/Residual Solid Waste Rule Changes

By: Steve Williamson, CPG

Published in December 2019 Focus on the Environment Newsletter

In 2018, the Ohio EPA proposed to merge the industrial solid waste landfill rules (Ohio Administrative Code Rule 3745-29) with the residual solid waste landfill rules (OAC Rule 3745-30) and concurrently rescind Rule 3745-29. This is a logical step, as the requirements of the two sets of rules are very similar except for the definition/classification of a residual waste landfill. On December 6, 2019, the Ohio EPA released an Interested Party draft of the changes to the industrial solid waste (ISW) and residual solid waste (RSW) rules. The rules package proposes to rescind Rule 3745-29 altogether and incorporate those requirements into Rule 3745-30.

As explained in the Interested Party Factsheet, the proposed Rule 3745-30 includes revisions that merge the ISW/RSW programs, wordsmithing to bring the text in compliance with Ohio EPA rule-writing standards, and in many places, replacing the term “director” with “Ohio EPA”, thereby allowing the director to delegate the work to staff, rather than making those actions  mandatory for the director. In addition, Rules 3745-27-15 and -16 (financial assurance for solid waste facilities and sanitary landfill facilities, respectively) are being revised to remove references to Rule 3745-29.

Significant specific changes include the following:

  • Class II and IV residual landfill classifications have been eliminated; Class I is redefined as “industrial” landfill, and Class III becomes “residual” landfill.
  • Landfill liner and cap design changes in proposed Rule 3745-30-07 (Industrial landfill and residual landfill facility construction)
  • Post-closure care period changed to fifteen years unless putrescible (liable to decay) waste was disposed, then it is thirty years
  • 1,2-dibromo-3-chloropropane (DBCP) and ethylene dibromide (EDB) – the so-called pineapple pesticides – were removed from the list of volatile organic compound water quality parameters (Appendix A)
  • Owners/operators can return to detection monitoring from assessment monitoring without approval by the director (under defined circumstances)
  • Boron and molybdenum were added to the water quality parameter list for waste generated from fuel burning operations that use coal for fuel – this change was to match federal coal combustion residue requirements

Specific changes for each rule (i.e., redline strikeout and added text) can be seen at the Ohio EPA Division of Materials and Waste Management’s non-hazardous waste rules webpage under “ISW/RSW Interested Party Release” in the “Interested Party” tab.

The Ohio EPA is accepting comments on the proposed rules until 5:00 pm on January 21, 2020. Send comments to Michelle Mountjoy at michelle.mountjoy@epa.ohio.gov or by postal mail at

Michelle Mountjoy, Rules Coordinator
Ohio EPA
Division of Materials and Waste Management
P.O. Box 1049
Columbus, OH 43216-1049

Steve Williamson is a Senior Scientist with Cox-Colvin & Associates, Inc. He holds a BS degree in Environmental Health and an MS degree in Hydrogeology from Wright State University. Mr. Williamson has over 30 years' experience working on brownfields, solid and hazardous waste, and groundwater contamination projects in Ohio and the Midwest.