(A) The waste or category of waste, as
generated by a wide variety of generators, is listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code, or, if not listed, a proportion of the waste stream exhibits one or more
characteristics of
hazardous waste identified in rules
3745-51-20 to
3745-51-24 of the Administrative
Code. [When a characteristic waste is added to Chapter 3745-273 of the
Administrative Code by using a generic name to identify the waste category
(e.g., batteries), the definition of
"
universal
waste
" in rules
3745-50-10 and
3745-273-09 of the
Administrative Code
will
shall be amended to include only the
hazardous waste
portion of the waste category (e.g.,
hazardous waste batteries)]. Thus, only
the portion of the waste stream that does exhibit one or more characteristics
(i.e., is
hazardous waste) is subject to Chapter 3745-273 of the Administrative
Code.
(B) The waste or category of
waste is not exclusive to a specific industry or group of industries, is
commonly generated by a wide variety of types of establishments (including, for
example, households, retail and commercial businesses, office complexes,
conditionally exempt
very small quantity generators, small businesses,
government organizations, as well as large industrial facilities)
;
.
(C) The waste or category of waste is
generated by a large number of generators (e.g., more than one thousand
nationally) and is frequently generated in relatively small quantities by each
generator
;
.
(D)
Systems to be used
for collecting
to collect the waste or category of waste (including
packaging, marking, and labeling practices) would ensure close stewardship of
the waste
;
.
(E) The
risk posed by the waste or category of waste during accumulation and transport
is relatively low compared to other hazardous wastes, and specific management
standards proposed or referenced by the petitioner (e.g., waste management
requirements appropriate to be added to rules 3745-273-13, 3745-273-33, and
3745-273-52 of the
Administrative Code;
and/or
and applicable
department of transportation requirements in 49 CFR Parts
100 to
185) would be
protective of human health and the environment during accumulation and
transport
;
.
(F)
Regulation of the waste or category of waste under Chapter 3745-273 of the
Administrative Code
will increase
increases the likelihood that the waste
will be
is
diverted from non-
hazardous waste management systems (e.g., the municipal waste
stream, non-hazardous industrial or commercial waste stream, municipal sewer or
stormwater systems) to
recycling,
treatment, or disposal which are in
compliance with Chapter 3734. of the Revised Code.
(G) Regulation of the waste or category of
waste under Chapter 3745-273 of the Administrative Code will improve
implementation of and compliance with the
hazardous waste regulatory
program
; and/or
.
(H) Such
other factors as may be appropriate.
[Comment: For dates of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see rule 3745-50-11 of the Administrative Code titled
"Incorporated by reference."]
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference".]
