Ohio Biennial Report regulations & environmental compliance analysis

Ohio Biennial Report: What you need to know

Governing Law and Regulations

Generator biennial report: Ohio Administrative Code (OAC) 3745-52-41

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Hazardous waste treatment, storage, and disposal facility (TSDF) biennial report: OAC 3745-50-58(L)(9), OAC 3745-54-75, and OAC 3745-65-75 (interim status)

Generator recordkeeping: OAC 3745-52-40(B)

TSDF recordkeeping: OAC 3745-50-58(J)(2)

Regulatory Agency

Ohio Environmental Protection Agency (Ohio EPA) Division of Materials and Waste Management Hazardous Waste Management Program

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Ohio Environmental Protection Agency (Ohio EPA) no longer requires large quantity generators (LQGs) and owners and operators of treatment, storage, and disposal facility (TSDFs) to submit an annual report by March 1 of each year. Instead, as under the federal rules, Ohio LQGs and TSDFs must submit a biennial report on Ohio EPA forms EPA 9027, EPA 9028, and EPA 9029 by March 1 of each even-numbered year.

Administration and enforcement. Ohio EPA's Division of Materials and Waste Management administers and enforces the state's biennial report requirements.

State Requirements

RECORDKEEPING

OAC 3745-50-58(J)(2) and OAC 3745-52-40(B)

As under the federal rules, both LQGs and TSDFS are responsible for keeping copies of their biennial reports for at least 3 years after the due date of the report (OAC 3745-50-58(J)(2) and OAC 3745-52-40(B)). Ohio EPA recommends sending biennial reports by certified mail as confirmation that they were received.

Experts recommend indefinite retention of biennial reports for use in any future enforcement actions.


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