Ohio Admin. Code 3745-273-80 - General requirements for petitions to include other wastes under Chapter 3745-273 of the Administrative Code
(A)
Any
Except as provided in
paragraph (D) of this rule, any person seeking to add a hazardous waste
or a category of hazardous waste to Chapter 3745-273 of the Administrative Code
may petition for a regulatory amendment under rules
3745-273-80 to
3745-273-81
and 3745-50-20 of the Administrative
Code.
(B) The petitioner shall
demonstrate to the satisfaction of the director that regulation under Chapter
3745 -273 of the Administrative Code meets the
following :
(1) Is appropriate for the
waste or category of waste;
.
(2) Will improve management practices for the
waste or category of waste; and
.
(3) Will
improve implementation of the hazardous waste program.
(4) The petition shall be submitted to the
director by certified mail and shall include the
following :
(a) The petitioner's name
and address; and
.
(b) A
statement of the petitioner's interest in the subject of the petition; and
.
(c) A description of the subject of the
petition, including suggested regulatory language;
and
.
(d) A statement of the need and justification
for the subject of the petition, including any supporting tests, studies, or
other information.
(5)
The petition should also address as many of the factors listed in rule
3745-273-81 of the
Administrative Code as are appropriate for the waste or waste category
addressed in the petition.
(C) The director will
shall evaluate
petitions using the factors listed in rule
3745-273-81 of the
Administrative Code, and will
shall grant or deny a petition using the factors
listed in that rule. The decision will
shall be based on the weight of evidence showing that
regulation under Chapter 3745-273 of the Administrative Code is appropriate for
the waste or category of waste, will improve management practices for the waste
or category of waste, and will improve implementation of the hazardous waste
program. If a petition for a regulatory amendment is granted, the director
will
shall
propose rules pursuant to Chapter 119. of the Revised Code to address the
petition.
(D)
Hazardous waste pharmaceuticals are regulated by rules
3745-266-500 to
3745-266-510 of the
Administrative Code and may not be added as a category of hazardous waste for
management in accordance with Chapter 3745-273 of the Administrative
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997
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