of the Administrative Code identifies those wastes which are subject to
regulation as hazardous wastes under Chapters 3745-50,
3745-52, 3745-53, 3745-54 to 3745-57, 3745-65
to 3745-69, 3745-205, 3745-256, and 3745-270
of the Administrative Code, and which are subject to the requirement to notify
Ohio EPA or U.S. EPA of regulated waste activity. Chapter 3745-51 of the
Administrative Code includes the following:
Rules 3745-51-01 to
of the Administrative Code define the terms "waste" and "hazardous waste,"
identify those wastes which are excluded from regulation under Chapters
3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256,
3745-266, 3745-270, and rules 374-50-40 to
of the Administrative Code, and establishes special management requirements for
hazardous waste produced by
small quantity generators and
hazardous waste which is recycled.
of the Administrative Code provide the criteria used to identify
characteristics of hazardous waste and to list particular hazardous
of the Administrative Code identify characteristics of hazardous
of the Administrative Code list particular hazardous wastes. Rule
of the Administrative Code lists certain hazardous wastes which are deleted
from the list following equipment cleaning and replacement.
Scope of Chapter
3745-51 of the Administrative Code.
definition of "waste" in Chapter 3745-51 of the Administrative Code applies
only to wastes that are also hazardous for purposes of the regulations adopted
pursuant to section 3734.12 of the Revised Code. For
example, the definition does not apply to materials (such as non-hazardous
scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and
that are recycled.
which is not defined as a "waste" in Chapter 3745-51 of the Administrative
Code, or is not a hazardous waste identified or listed in Chapter 3745-51 of
the Administrative Code, may still be construction and demolitions debris,
solid waste, infectious waste, hazardous waste, industrial waste, or other
waste for purposes of Chapters 3714., 3734., and 6111. of the Revised Code if:
(a) In the case of Chapters 3714., 3734. and
6111. of the Revised Code, the director has reason to believe that the material
may be "construction and demolition debris" as defined in section
3714.01 of the Revised Code,
"solid waste" or "hazardous waste" as defined in section
3734.01 of the Revised Code, or
"industrial waste" or "other waste" as defined in section
6111.01 of the Revised
For purposes of rules
of the Administrative Code:
(1) A "spent
material" is any material that has been used and as a result of contamination
can no longer serve the purpose for which the material was produced without
"Sludge" has the
same meaning as in rule
of the Administrative Code.
"by-product" is a material that is not one of the primary products of a
production process and is not solely or separately produced by the production
process. Examples are process residues such as slags or distillation column
bottoms. Byproduct does not include a co-product that is produced for the
general public's use and is ordinarily used in the form the co-product is
produced by the process.
material is "reclaimed" if the material is processed to recover a usable
product, or if the material is regenerated. Examples are recovery of lead
values from spent batteries and regeneration of spent solvents.
A material is used or reused if the
material is either of the following:
Employed as an ingredient (including use as an intermediate) in an industrial
process to make a product (for example, distillation bottoms from one process
used as feedstock in another process). However, a material shall not satisfy
this condition if distinct components of the material are recovered as separate
end products (as when metals are recovered from metal-containing secondary
(b) Employed in a
particular function or application as an effective substitute for a commercial
product (for example, spent pickle liquor used as phosphorous precipitant and
sludge conditioner in wastewater treatment).
(6) "Scrap metal" is bits and pieces of metal
parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be
combined together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
(7) A material is "recycled" if the material
is used, reused, or reclaimed.
A material is "accumulated speculatively" if the material is accumulated before
being recycled. A material is not accumulated speculatively if the person
accumulating the material can show that the material is potentially recyclable
and has a feasible means of being recycled; and that during the calendar year
commencing January first, the amount of material that is recycled, or
transferred to a different site for recycling, equals at least seventy-five per
cent by weight or volume of the amount of that material accumulated at the
beginning of the calendar year. In calculating the percentage of turnover, the
seventy-five per cent requirement is to be applied to materials of the same
type (e.g., slags from a single smelting process) that is recycled in the same
way (i.e., from which the same material is recovered or that is used in the
same way). Materials accumulated in units that would be exempt from regulation
under paragraph (C) of rule
Administrative Code shall not be included in the calculation. Materials that
are already defined as "wastes" also shall not be included in making the
calculation. Materials are no longer in this category once the materials are
removed from accumulation for recycling.
(9) "Excluded scrap metal" is processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap
"Processed scrap metal"
is scrap metal which has been manually or physically altered either to separate
the scrap metal into distinct materials to enhance economic value, or to
improve the handling of materials. Processed scrap metal includes, but is not
limited to, scrap metal which has been baled, shredded, sheared, chopped,
crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and
fines, drosses, and related materials which have been agglomerated.
[Comment: Shredded circuit boards being sent for recycling are
not considered processed scrap metal. Such materials are covered under the
exclusion from the definition of "waste" for shredded circuit boards being
recycled in paragraph (A)(14) of rule
3745-51-04 of the
"Home scrap metal" is scrap metal as generated by steel mills, foundries, and
refineries, such as turnings, cuttings, punchings, and borings.
(12) "Prompt scrap metal" is scrap metal as
generated by the metal working or metal fabrication industries, and includes
such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is
also known as industrial or new scrap metal.