Ohio Admin. Code 3745-51-04 - Exclusions
(A) Materials which
are not wastes. The following materials are not wastes for the purpose of
Chapter 3745-51 of the Administrative Code:
(1) Domestic sewage:
(a) Any mixture of domestic sewage and other
wastes that passes through a sewer system to a publicly owned treatment works
(POTW) for treatment, except as prohibited by rule
3745-266-505 of the
Administrative Code and Clean Water Act requirements in paragraph (B)(1) of
rule 3745-3-04 of the Administrative
Code.
(b) As used in Chapter
3745-51 of the Administrative Code, "domestic sewage" means untreated sanitary
wastes that pass through a sewer system.
(2) Industrial wastewater discharges that are
point source discharges subject to regulation under Section 402 of the Clean
Water Act.
[Comment: This exclusion applies only to the actual point source discharge. The exclusion does not exclude industrial wastewaters while the industrial wastewaters are being collected, stored, or treated before discharge, nor does the exclusion exclude sludges that are generated by industrial wastewater treatment.]
(3) Irrigation return flows.
(4) "Source material," "special nuclear
material," or "by-product material" as defined by the Atomic Energy Act of
1954, as amended through the date specified in rule
3745-50-11 of the Administrative
Code, 42 U.S.C. 2011.
(5)
Materials subjected to in-situ mining techniques which are not removed from the
ground as part of the extraction process.
(6) Pulping liquors (i.e., black liquor) that
are reclaimed in a pulping liquor recovery furnace and then reused in the
pulping process, unless the pulping liquors are "accumulated speculatively" as
described in paragraph (C)(8) of rule
3745-51-01 of the Administrative
Code.
(7) Spent sulfuric acid used
to produce virgin sulfuric acid, provided the spent sulfuric acid is not
"accumulated speculatively" as described in paragraph (C)(8) of rule
3745-51-01 of the Administrative
Code.
(8) Secondary materials that
are reclaimed and returned to the original process or processes in which the
secondary materials were generated where the secondary materials are reused in
the production process provided that all of the following:
(a) Only tank storage is involved, and the
entire process through completion of reclamation is closed by being entirely
connected with pipes or other comparable enclosed means of
conveyance.
(b) Reclamation does
not involve controlled flame combustion (such as occurs in boilers, industrial
furnaces, or incinerators).
(c) The
secondary materials are never accumulated in such tanks for over twelve months
without being reclaimed.
(d) The
reclaimed material is not used to produce a fuel, or used to produce products
that are used in a manner constituting disposal.
(9) Wood preserving.
(a) Spent wood preserving solutions that have
been reclaimed and are reused for the original intended purpose.
(b) Wastewaters from the wood preserving
process that have been reclaimed and are reused to treat wood.
(c) Prior to reuse, the wood preserving
wastewaters and spent wood preserving solutions described in paragraphs
(A)(9)(a) and (A)(9)(b) of this rule, so long as the wood preserving
wastewaters and spent wood preserving solutions meet all of the following
conditions:
(i) The wood preserving
wastewaters and spent wood preserving solutions are reused on-site at water
borne plants in the production process for the original intended
purpose.
(ii) Prior to reuse, the
wastewaters and spent wood preserving solutions are managed to prevent release
to either land or ground water or both.
(iii) Any unit used to manage wastewaters or
spent wood preserving solutions prior to reuse can be visually or otherwise
determined to prevent such releases.
(iv) Any drip pad used to manage the
wastewaters or spent wood preserving solutions prior to reuse complies with
rules 3745-69-40 to
3745-69-45 of the Administrative
Code, regardless of whether the owner or operator generates a total of less
than one hundred kilograms of hazardous waste per month.
(v) Prior to operating pursuant to this
exclusion, the owner or operator prepares one-time notification stating that
the owner or operator intends to claim the exclusion, giving the date on which
the owner or operator intends to begin operating under the exclusion, and
containing the following language:
"I have read rule 3745-51-04 of the Administrative Code establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand rule 3745-51-04 of the Administrative Code requires me to comply at all times with the conditions set out in the rule."
The owner or operator shall maintain a copy of that document in the facility's on-site records until closure of the facility. The exclusion applies so long as the owner or operator meets all of the conditions. If the owner or operator goes out of compliance with any condition, the owner or operator may apply to the director for reinstatement. The director may reinstate the exclusion upon finding that the owner or operator has returned to compliance with all conditions, and that the violations are not likely to recur.
(10) EPA hazardous waste numbers K060, K087,
K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke
by-products processes that are hazardous only because such wastes and
by-products exhibit the toxicity characteristic specified in rule
3745-51-24 of the Administrative
Code when, subsequent to generation, these materials are recycled to coke
ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed
with coal tar prior to the tar's sale or refining. This exclusion is
conditioned on there being no land disposal of the wastes from the point the
wastes are generated to the point the wastes are recycled to coke ovens or tar
recovery or refining processes, or mixed with coal tar.
(11) Nonwastewater splash condenser dross
residue from the treatment of K061 in high temperature metals recovery units,
provided such residue is shipped in drums (if shipped) and not land disposed
before recovery.
(12) Oil-bearing
secondary materials and recovered oil.
(a)
Oil-bearing hazardous secondary materials (i.e., sludges, by-products, or spent
materials) that are generated at a petroleum refinery (SIC code 2911) and are
inserted into the petroleum refining process [SIC code 2911 - including, but
not limited to, distillation, catalytic cracking, fractionation, or thermal
cracking units (i.e., cokers)] unless the material is placed on the land, or
accumulated speculatively before being so recycled. Materials inserted into
thermal cracking units are excluded under this paragraph, provided that the
coke product also does not exhibit a characteristic of hazardous waste.
Oil-bearing hazardous secondary materials may be inserted into the same
petroleum refinery where the oil-bearing hazardous secondary materials are
generated, or sent directly to another petroleum refinery, and still be
excluded under this provision. Except as provided in paragraph (A)(12)(b) of
this rule, oil-bearing hazardous secondary materials generated elsewhere in the
petroleum industry (i.e., from sources other than petroleum refineries) are not
excluded under this rule. Residuals generated from processing or recycling
materials excluded under this paragraph, where such materials as generated
would have otherwise met a listing under rules
3745-51-30 to
3745-51-35 of the Administrative
Code, are designated as F037 listed wastes when disposed of or intended for
disposal.
(b) Recovered oil that is
recycled in the same manner and with the same conditions as described in
paragraph (A)(12)(a) of this rule. Recovered oil is oil that has been reclaimed
from secondary materials (including wastewater) generated from normal petroleum
industry practices, including refining, exploration and production, bulk
storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382,
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172). Recovered oil does
not include oil-bearing hazardous wastes listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code; however, oil recovered from such wastes may be considered recovered oil.
Recovered oil does not include "used oil" as defined in rule
3745-279-01 of the
Administrative Code.
(13) Excluded scrap metal (processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being
recycled.
(14) Shredded circuit
boards being recycled provided that the shredded circuit boards are both:
(a) Stored in containers sufficient to
prevent a release to the environment prior to recovery.
(b) Free of mercury switches, mercury relays,
nickel-cadmium batteries, and lithium batteries.
(15) Condensates derived from the overhead
gases from kraft mill steam strippers that are used to comply with 40
C.F.R.
CFR
63.446(e). The
exemption applies only to combustion at the mill generating the
condensates.
(16)
[Reserved.]
(17) "Spent materials,"
as defined in rule
3745-51-01 of the Administrative
Code (other than hazardous wastes listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code), generated within the primary mineral processing industry from which
minerals, acids, cyanide, water, or other values are recovered by mineral
processing or by beneficiation, provided that all of the following:
(a) The spent material is legitimately
recycled to recover minerals, acids, cyanide, water, or other values.
(b) The spent material is not accumulated
speculatively.
(c) Except as
provided in paragraph (A)(17)(d) of this rule, the spent material is stored in
tanks, containers, or buildings that meet all of the following minimum
integrity standards:
(i) A building shall be
an engineered structure with a floor, walls, and a roof, all of which are made
of non-earthen materials providing structural support (except smelter buildings
may have partially earthen floors provided the secondary material is stored on
the non-earthen portion), and have a roof suitable for diverting rainwater away
from the foundation.
(ii) A tank
shall be free standing, shall not be a "surface impoundment" as defined in rule
3745-50-10 of the Administrative
Code, and shall be manufactured of a material suitable for containment of the
contents.
(iii) A container shall
be free standing and be manufactured of a material suitable for containment of
the contents.
(iv) If tanks or
containers contain any particulate which may be subject to wind dispersal, the
owner or operator shall operate these units in a manner which controls fugitive
dust.
(v) Tanks, containers, and
buildings shall be designed, constructed, and operated to prevent significant
releases to the environment of these materials.
(d) The director may make a site-specific
determination, after public review and comment, that only solid mineral
processing spent material may be placed on pads, rather than in tanks,
containers, or buildings. Solid mineral processing spent materials do not
contain any free liquid. The director shall affirm that pads are designed,
constructed, and operated to prevent significant releases of the spent material
into the environment. Pads shall provide the same degree of containment
afforded by the non-RCRA tanks, containers, and buildings eligible for
exclusion.
(i) The director also shall
consider if storage on pads poses the potential for significant releases via
ground water, surface water, and air exposure pathways. Factors to be
considered for assessing the ground water, surface water, air exposure pathways
are the volume and physical and chemical properties of the spent material,
including the potential for migration off the pad; the potential for human or
environmental exposure to hazardous constituents migrating from the pad via
each exposure pathway; and the possibility and extent of harm to human and
environmental receptors via each exposure pathway.
(ii) Pads shall meet all of the following
minimum standards:
(a) Be designed of
non-earthen material that is compatible with the chemical nature of the mineral
processing spent material.
(b) Be
capable of withstanding physical stresses associated with placement and
removal.
(c) Have run-on and
run-off controls.
(d) Be operated
in a manner which controls fugitive dust.
(e) Have integrity assurance through
inspections and maintenance programs.
(iii) Before making a determination under
paragraph (A)(17) of this rule, the director shall provide notice and the
opportunity for comment to all persons potentially interested in the
determination. This may be accomplished by placing notice of this action in
major local newspapers, or by broadcasting notice over local radio
stations.
(e) The owner
or operator provides a notice to the director, providing all of the following
information:
(i) The types of materials to be
recycled.
(ii) The type and
location of the storage units and recycling processes.
(iii) The annual quantities expected to be
placed in land-based units.
(iv)
This notification shall be updated when there is a change in the type of
materials recycled or the location of the recycling process.
(f) For purposes of paragraph
(B)(7) of this rule, mineral processing spent materials shall be the result of
mineral processing and may not include any listed hazardous wastes. Listed
hazardous wastes and characteristic hazardous wastes generated by non-mineral
processing industries are not eligible for the conditional exclusion from the
definition of "waste."
(18) Petrochemical recovered oil from an
associated organic chemical manufacturing facility, where the oil is to be
inserted into the petroleum refining process (SIC code 2911) along with normal
petroleum refinery process streams, provided that both:
(a) The oil is hazardous only because the oil
exhibits the characteristic of ignitability (as identified in rule
3745-51-21 of the Administrative
Code) or the characteristic of toxicity for benzene (waste code D018 in rule
3745-51-24 of the Administrative
Code).
(b) The oil generated by the
organic chemical manufacturing facility is not placed on the land, or
accumulated speculatively before being recycled into the petroleum refining
process. An "associated organic chemical manufacturing facility" is a facility
where the primary SIC code is 2869, but where operations may also include SIC
codes 2821, 2822, and 2865; and is physically co-located with a petroleum
refinery; and where the petroleum refinery to which the oil being recycled is
returned also provides hydrocarbon feedstocks to the organic chemical
manufacturing facility. "Petrochemical recovered oil" is oil that has been
reclaimed from secondary materials (i.e., sludges, by-products, or spent
materials, including wastewater) from normal organic chemical manufacturing
operations, as well as oil recovered from organic chemical manufacturing
processes.
(19) Spent
caustic solutions from petroleum refining liquid treating processes used as a
feedstock to produce cresylic or naphthenic acid unless the material is placed
on the land, or "accumulated speculatively" as defined in paragraph (C)(8) of
rule 3745-51-01 of the Administrative
Code.
(20) Hazardous secondary
materials used to make zinc fertilizers, provided that all of the following
conditions are satisfied:
(a) Hazardous
secondary materials used to make zinc micronutrient fertilizers shall not be
"accumulated speculatively," as defined in paragraph (C)(8) of rule
3745-51-01 of the Administrative
Code.
(b) Generators and
intermediate handlers of zinc-bearing hazardous secondary materials that are to
be incorporated into zinc fertilizers shall:
(i) Submit a one-time notice to the director,
which contains the name, address, and U.S. EPA identification number of the
generator or intermediate handler facility, provides a brief description of the
secondary material that shall be subject to the exclusion, and identifies when
the manufacturer intends to begin managing excluded, zinc-bearing hazardous
secondary materials under the conditions specified in paragraph (A)(20) of this
rule.
(ii) Store the excluded
secondary material in tanks, containers, or buildings that are constructed and
maintained in a way that prevents releases of the secondary materials into the
environment. At a minimum, any building used for this purpose shall be an
engineered structure made of non-earthen materials that provide structural
support, and shall have a floor, walls, and a roof that prevent wind dispersal
and contact with rainwater. Tanks used for this purpose shall be structurally
sound and, if outdoors, shall have roofs or covers that prevent contact with
wind and rain. Containers used for this purpose shall be kept closed except
when it is necessary to add or remove material, and shall be in sound
condition. Containers that are stored outdoors shall be managed within storage
areas that accomplish all of the following:
(a) Have containment structures or systems
sufficiently impervious to contain leaks, spills and accumulated
precipitation.
(b) Provide for
effective drainage and removal of leaks, spills, and accumulated
precipitation.
(c) Prevent run-on
into the containment system.
(iii) With each off-site shipment of excluded
hazardous secondary materials, provide written notice to the receiving facility
that the material is subject to the conditions of paragraph (A)(20) of this
rule.
(iv) Maintain at the
generator's or intermediate handler's facility for no less than three years
records of all shipments of excluded hazardous secondary materials. For each
shipment, these records shall at a minimum contain all of the following
information:
(a) Name of the transporter and
date of the shipment.
(b) Name and
address of the facility that received the excluded material, and documentation
confirming receipt of the shipment.
(c) Type and quantity of excluded secondary
material in each shipment.
(c)
Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from
excluded hazardous secondary materials shall do all of the following:
(i) Store excluded hazardous secondary
materials in accordance with the storage requirements for generators and
intermediate handlers, as specified in paragraph (A)(20)(b)(ii) of this
rule.
(ii) Submit a one-time
notification to the director that, at a minimum, specifies the name, address
and U.S. EPA identification number of the manufacturing facility, and
identifies when the manufacturer intends to begin managing excluded,
zinc-bearing hazardous secondary materials under the conditions specified in
paragraph (A)(20) of this rule.
(iii) Maintain for a minimum of three years
records of all shipments of excluded hazardous secondary materials received by
the manufacturer, which shall at a minimum identify for each shipment the name
and address of the generating facility, name of transporter and date the
materials were received, the quantity received, and a brief description of the
industrial process that generated the material.
(iv) Submit to the director an annual report
that identifies the total quantities of all excluded hazardous secondary
materials that were used to manufacture zinc fertilizers or zinc fertilizer
ingredients in the previous year, the name and address of each generating
facility, and the industrial processes from which excluded hazardous secondary
materials were generated.
(d) Nothing in this rule preempts, overrides,
or otherwise negates rule
3745-52-11 of the Administrative
Code, which requires any person who generates a waste to determine if that
waste is a hazardous waste.
(e)
Permitted storage units that have been used to store only zinc-bearing
hazardous wastes prior to the submittal of the one-time notice described in
paragraph (A)(20)(b)(i) of this rule, and that afterward shall be used only to
store hazardous secondary materials excluded under paragraph (A)(20) of this
rule, are not subject to the closure requirements of Chapters 3745-54 to
3745-57, 3745-65 to 3745-69, 3745-205, or 3745-256 of the Administrative
Code.
(21) Zinc fertilizers made from hazardous
wastes, or hazardous secondary materials that are excluded under paragraph
(A)(20) of this rule, provided that all of the following:
(a) The fertilizers meet the following
contaminant limits:
(i) For metal
contaminants:
|
Constituent |
Maximum Allowable Total Concentration in Fertilizer, Per Unit (1%) of Zinc (ppm) |
|
Arsenic |
0.3 |
|
Cadmium |
1.4 |
|
Chromium |
0.6 |
|
Lead |
2.8 |
|
Mercury |
0.3 |
(ii)
For dioxin contaminants the fertilizer shall contain no more than eight parts
per trillion of dioxin, measured as toxic equivalent (TEQ).
(b) The manufacturer performs
sampling and analysis of the fertilizer product to determine compliance with
the contaminant limits for metals no less than every six months, and for
dioxins no less than every twelve months. Testing also shall be performed
whenever changes occur to manufacturing processes or ingredients that could
significantly affect the amounts of contaminants in the fertilizer product. The
manufacturer may use any reliable analytical method to demonstrate that no
constituent of concern is present in the product at concentrations above the
applicable limits. The manufacturer has the responsibility to ensure that the
sampling and analysis are unbiased, precise, and representative of the products
introduced into commerce.
(c) The
manufacturer maintains for no less than three years records of all sampling and
analyses performed to determine compliance with paragraph (A)(21)(b) of this
rule. At a minimum, such records shall include all of the following:
(i) The dates and times product samples were
taken, and the dates the samples were analyzed.
(ii) The names and qualifications of the
persons taking the samples.
(iii) A
description of the methods and equipment used to take the samples.
(iv) The name and address of the laboratory
facility at which analyses of the samples were performed.
(v) A description of the analytical methods
used, including any cleanup and sample preparation methods.
(vi) All laboratory analytical results used
to determine compliance with the contaminant limits specified in paragraph
(A)(21) of this rule.
(22) Used cathode ray tubes (CRTs).
(a) Used, intact "CRTs" as defined in rule
3745-50-10 of the Administrative
Code are not wastes within the United States unless the used, intact CRTs are
disposed, or "accumulated speculatively" as defined in paragraph (C)(8) of rule
3745-51-01 of the Administrative
Code by CRT collectors or glass processors.
(b) Used, intact "CRTs" as defined in rule
3745-50-10 of the Administrative
Code are not wastes when exported for recycling provided that they the used,
intact CRTs comply with rule
3745-51-40 of the Administrative
Code.
(c) Used, broken "CRTs" as
defined in rule
3745-50-10 of the Administrative
Code are not wastes provided that the used, intact CRTs comply with rule
3745-51-39 of the Administrative
Code.
(d) Glass removed from CRTs
is not a waste provided that such glass complies with paragraph (C) of rule
3745-51-39 of the Administrative
Code.
(23)
[Reserved.]
Hazardous secondary material generated and legitimately
reclaimed within the United States or United States' territories and under the
control of the generator, provided that the material complies with paragraphs
(A)(23)(a) and (A)(23)(b) of this rule.
(a)
(i)
The hazardous secondary material is generated and
reclaimed at the generating facility (for purposes of this definition,
"generating facility" means all contiguous property owned, leased, or otherwise
controlled by the hazardous secondary material generator); or
(ii)
The hazardous
secondary material is generated and reclaimed at different facilities, if the
reclaiming facility is controlled by the generator or if both the generating
facility and the reclaiming facility are controlled by a "person," as defined
in rule 3745-50-10 of the Administrative
Code, and if the generator provides one of the following certifications:
(a)
"On behalf of
[insert generator facility name], I certify that this facility will send the
indicated hazardous secondary material to [insert reclaimer facility name],
which is controlled by [insert generator facility name] and that [insert name
of either facility] has acknowledged full responsibility for the safe
management of the hazardous secondary material"; or
(b)
"On behalf of
[insert generator facility name], I certify that this facility will send the
indicated hazardous secondary material to [insert reclaimer facility name],
that both facilities are under common control, and that [insert name of either
facility] has acknowledged full responsibility for the safe management of the
hazardous secondary material."
(c)
For purposes of
this paragraph, "control" means the power to direct the policies of the
facility, whether by the ownership of stock, voting rights, or otherwise,
except that contractors who operate facilities on behalf of a different
"person," as defined in rule
3745-50-10 of the Administrative
Code, shall not be deemed to "control" such facilities. The generating and
receiving facilities shall both maintain at their facilities for no less than
three years records of hazardous secondary materials sent or received under
this exclusion. In both cases, the records shall contain the name of the
transporter, the date of the shipment, and the type and quantity of the
hazardous secondary material shipped or received under the exclusion. These
requirements may be satisfied by routine business records (e.g., financial
records, bills of lading, copies of department of transportation shipping
papers, or electronic confirmations); or
(iii)
The hazardous
secondary material is generated pursuant to a written contract between a
tolling contractor and a toll manufacturer and is reclaimed by the tolling
contractor, if the tolling contractor certifies the following:
(a)
"On behalf of
[insert tolling contractor name], I certify that [insert tolling contractor
name] has a written contract with [insert toll manufacturer name] to
manufacture [insert name of product or intermediate] which is made from
specified unused materials, and that [insert tolling contractor name] will
reclaim the hazardous secondary materials generated during this manufacture. On
behalf of [insert tolling contractor name], I also certify that [insert tolling
contractor name] retains ownership of, and responsibility for, the hazardous
secondary materials that are generated during the course of the manufacture,
including any releases of hazardous secondary materials that occur during the
manufacturing process."
(b)
The tolling contractor shall maintain at the tolling
contractor's facility for no less than three years, records of hazardous
secondary materials received pursuant to the tolling contractor's written
contract with the tolling manufacturer, and the tolling manufacturer shall
maintain at the tolling manufacturer's facility for no less than three years,
records of hazardous secondary materials shipped pursuant to the tolling
manufacturer's written contract with the tolling contractor. In both cases, the
records shall contain the name of the transporter, the date of the shipment,
and the type and quantity of the hazardous secondary material shipped or
received pursuant to the written contract. These requirements may be satisfied
by routine business records (e.g., financial records, bills of lading, copies
of department of transportation shipping papers, or electronic confirmations).
For purposes of this paragraph, "tolling contractor" means a person who
arranges for the production of a product or intermediate made from specified
unused materials through a written contract with a toll manufacturer. "Toll
manufacturer" means a person who produces a product or intermediate made from
specified unused materials pursuant to a written contract with a tolling
contractor.
(b)
(i)
The hazardous secondary material is "contained" as
defined in rule
3745-50-10 of the Administrative
Code. A hazardous secondary material released to the environment is discarded
and a waste unless it is immediately recovered for the purpose of reclamation.
Hazardous secondary material managed in a unit with leaks or other continuing
or intermittent unpermitted releases is discarded and a waste.
(ii)
The hazardous
secondary material is not "speculatively accumulated," as defined in paragraph
(C)(8) of rule
3745-51-01 of the Administrative
Code.
(iii)
Notice is provided, as required by rule
3745-50-16 of the Administrative
Code.
(iv)
The material is not otherwise subject to
material-specific management conditions under paragraph (A) of this rule when
reclaimed, and the material is not a spent lead-acid battery (see rules
3745-266-80 and
3745-273-02 of the
Administrative Code).
(v)
Persons performing the recycling of hazardous secondary
materials under this exclusion shall maintain documentation of their legitimacy
determination on-site. Documentation shall be a written description of how the
recycling meets all three factors in paragraph (A) of rule
3745-50-17 of the Administrative
Code and how the factor in paragraph (B) of rule
3745-50-17 of the Adminstrative
Code was considered. Documentation shall be maintained for three years after
the recycling operation has ceased.
(vi)
The emergency
preparedness and response requirements in rules
3745-51-400 to
3745-51-420 of the
Administrative Code are met.
(24)
[Reserved.]
Hazardous
secondary material that is generated and then transferred to another person for
the purpose of reclamation is not a waste, provided that:
(a)
The material is
not "speculatively accumulated," as defined in paragraph (C)(8) of rule
3745-51-01 of the Administrative
Code;
(b)
The material is not handled by any person or facility
other than the hazardous secondary material generator, the transporter, an
intermediate facility or a reclaimer, and, while in transport, is not stored
for more than ten days at a "transfer facility," as defined in rule
3745-50-10 of the Administrative
Code, and is packaged according to applicable department of transportation
regulations at 49 CFR Parts
173,
178, and
179 while in
transport;
(c)
The material is not otherwise subject to
material-specific management conditions under paragraph (A) of this rule when
reclaimed, and the material is not a spent lead-acid battery (see rules
3745-266-80 and
3745-273-02 of the
Administrative Code);
(d)
The reclamation of the material is legitimate, as
specified under rule
3745-50-17 of the Administrative
Code;
(e)
The hazardous secondary material generator satisfies
all of the following conditions:
(i)
The material shall be "contained" as defined in rule
3745-50-10 of the Administrative
Code. A hazardous secondary material released to the environment is discarded
and a waste unless the waste is immediately recovered for the purpose of
recycling. Hazardous secondary material managed in a unit with leaks or other
continuing releases is discarded and is a waste.
(ii)
Prior to
arranging for transport of hazardous secondary materials to a reclamation
facility (or facilities) where the management of the hazardous secondary
materials is not addressed under a RCRA part B permit or interim standards, the
hazardous secondary material generator shall make reasonable efforts to ensure
that each reclaimer intends to properly and legitimately reclaim the hazardous
secondary material and not discard the hazardous secondary material, and that
each reclaimer will manage the hazardous secondary material in a manner that is
protective of human health and the environment. If the hazardous secondary
material will be passing through an intermediate facility where the management
of the hazardous secondary materials is not addressed under a RCRA part B
permit or interim standards, the hazardous secondary material generator shall
make contractual arrangements with the intermediate facility to ensure that the
hazardous secondary material is sent to the reclamation facility identified by
the hazardous secondary material generator, and the hazardous secondary
material generator shall perform reasonable efforts to ensure that the
intermediate facility will manage the hazardous secondary material in a manner
that is protective of human health and the environment. Reasonable efforts
shall be repeated at a minimum of every three years for the hazardous secondary
material generator to claim the exclusion and to send the hazardous secondary
materials to each reclaimer and any intermediate facility. In making these
reasonable efforts, the generator may use any credible evidence available,
including information gathered by the hazardous secondary material generator,
provided by the reclaimer or intermediate facility, or provided by a third
party. The hazardous secondary material generator shall affirmatively answer
all of the following questions for each reclamation facility and any
intermediate facility:
(a)
Does the available information indicate that the
reclamation process is legitimate pursuant to rule
3745-50-17 of the Administrative
Code? In answering this question, the hazardous secondary material generator
can rely on existing knowledge of the physical and chemical properties of the
hazardous secondary material, as well as information from other sources (e.g.,
the reclamation facility, audit reports, etc.) about the reclamation
process.
(b)
Does the publicly available information indicate that
the reclamation facility and any intermediate facility that is used by the
hazardous secondary material generator notified the appropriate authorities of
hazardous secondary materials reclamation activities pursuant to rule
3745-50-16 of the Administrative
Code and have they notified the appropriate authorities that the financial
assurance condition is satisfied per paragraph (A)(24)(f)(vi) of this rule? In
answering these questions, the hazardous secondary material generator can rely
on the available information documenting the reclamation facility's and any
intermediate facility's compliance with the notification requirements per rule
3745-50-16 of the Administrative
Code, including the requirement in paragraph (A)(5) of rule
3745-50-16 of the Administrative
Code to notify Ohio EPA whether the reclaimer or intermediate facility has
financial assurance.
(c)
Does publicly available information indicate that the
reclamation facility or any intermediate facility that is used by the hazardous
secondary material generator has not had any formal enforcement actions taken
against the facility in the previous three years for violations of Ohio's
hazardous waste regulations and has not been classified as a significant
noncomplier with RCRA Subtitle C? In answering this question, the hazardous
secondary material generator can rely on the publicly available information
from U.S. EPA or Ohio EPA. If the reclamation facility or any intermediate
facility that is used by the hazardous secondary material generator has had a
formal enforcement action taken against the facility in the previous three
years for violations of Ohio's hazardous waste rules and has been classified as
a significant non-complier with RCRA Subtitle C, does the hazardous secondary
material generator have credible evidence that the facilities will manage the
hazardous secondary materials properly? In answering this question, the
hazardous secondary material generator can obtain additional information from
U.S. EPA, Ohio EPA, or the facility itself that the facility has addressed the
violations, taken remedial steps to address the violations, and prevent future
violations, or that the violations are not relevant to the proper management of
the hazardous secondary materials.
(d)
Does the
available information indicate that the reclamation facility and any
intermediate facility that is used by the hazardous secondary material
generator have the equipment and trained personnel to safely recycle the
hazardous secondary material? In answering this question, the generator may
rely on a description by the reclamation facility or by an independent third
party of the equipment and trained personnel to be used to recycle the
generator's hazardous secondary material.
(e)
If residuals are
generated from the reclamation of the excluded hazardous secondary materials,
does the reclamation facility have the permits required (if any) to manage the
residuals? If not, does the reclamation facility have a contract with an
appropriately permitted facility to dispose of the residuals? If not, does the
hazardous secondary material generator have credible evidence that the
residuals will be managed in a manner that is protective of human health and
the environment? In answering these questions, the hazardous secondary material
generator can rely on publicly available information from U.S. EPA or Ohio EPA,
or information provided by the facility itself.
(iii)
The hazardous
secondary material generator shall maintain for a minimum of three years
documentation and certification that reasonable efforts were made for each
reclamation facility and, if applicable, intermediate facility where the
management of the hazardous secondary materials is not addressed under a RCRA
part B permit or interim standards prior to transferring hazardous secondary
material. Documentation and certification shall be made available upon request
by Ohio EPA within seventy-two hours, or within a longer period of time as
specified by Ohio EPA. The certification statement shall:
(a)
Include the
printed name and official title of an authorized representative of the
hazardous secondary material generator company, the authorized representative's
signature, and the date signed;
(b)
Incorporate the
following language:
(i)
"I hereby certify in good faith and to the best of my
knowledge that, prior to arranging for transport of excluded hazardous
secondary materials to [insert name or names of reclamation facility and any
intermediate facility], reasonable efforts were made in accordance with
paragraph (A)(24)(e)(ii) of this rule to ensure that the hazardous secondary
materials would be recycled legitimately, and otherwise managed in a manner
that is protective of human health and the environment, and that such efforts
were made in accordance with paragraph (A)(24)(e)(ii) of this rule to ensure
that the hazardous secondary materials would be recycled legitimately, and
otherwise managed in a manner that is protective of human health and the
environment, and that such efforts were based on current and accurate
information.
(iv)
The hazardous
secondary material generator shall maintain at the generating facility for no
less than three years records of all off-site shipments of hazardous secondary
materials. For each shipment, these records shall, at a minimum, contain the
following information:
(a)
Name of the transporter and date of the
shipment;
(b)
Name and address of each reclaimer and, if applicable,
the name and address of each intermediate facility to which the hazardous
secondary material was sent;
(c)
The type and
quantity of hazardous secondary material in the shipment.
(v)
The
hazardous secondary material generator shall maintain at the generating
facility for no less than three years confirmations of receipt from each
reclaimer and, if applicable, each intermediate facility for all off-site
shipments of hazardous secondary materials. Confirmations of receipt shall
include the name and address of the reclaimer (or intermediate facility), the
type and quantity of the hazardous secondary materials received, and the date
which the hazardous secondary materials were received. This requirement may be
satisfied by routine business records (e.g., financial records, bills of
lading, copies of department of transportation shipping papers, or electronic
confirmations of receipt);
(vi)
The hazardous
secondary material generator shall comply with the emergency preparedness and
response conditions in rules
3745-51-400 to
3745-51-420 of the
Administrative Code.
(f)
Reclaimers of
hazardous secondary material excluded from regulation under this exclusion and
"intermediate facilities" as defined in rule
3745-50-10 of the Administrative
Code satisfy all of the following conditions:
(i)
The reclaimer and
intermediate facility shall maintain at its facility for no less than three
years records of all shipments of hazardous secondary material that were
received at the facility and, if applicable, for all shipments of hazardous
secondary materials that were received and subsequently sent off-site from the
facility for further reclamation. For each shipment, these records shall, at a
minimum, contain the following information:
(a)
Name of the
transporter and date of the shipment;
(b)
Name and address
of the hazardous secondary material generator and, if applicable, the name and
address of the reclaimer or intermediate facility which the hazardous secondary
materials were received from;
(c)
The type and
quantity of hazardous secondary material in the shipment; and
(d)
For hazardous
secondary materials that, after being received by the reclaimer or intermediate
facility, were subsequently transferred off-site for further reclamation, the
name and address of the (subsequent) reclaimer and, if applicable, the name and
address of each intermediate facility to which the hazardous secondary material
was sent.
(ii)
The intermediate facility shall send the hazardous
secondary material to the reclaimer designated by the hazardous secondary
materials generator.
(iii)
The reclaimer and intermediate facility shall send to
the hazardous secondary material generator confirmations of receipt for all
off-site shipments of hazardous secondary materials. Confirmations of receipt
shall include the name and address of the reclaimer (or intermediate facility),
the type and quantity of the hazardous secondary materials received, and the
date which the hazardous secondary materials were received. This requirement
may be satisfied by routine business records (e.g., financial records, bills of
lading, copies of department of transportation shipping papers, or electronic
confirmations of receipt).
(iv)
The reclaimer
and intermediate facility shall manage the hazardous secondary material in a
manner that is at least as protective as that employed for analogous raw
material and shall be contained. An "analogous raw material" is a raw material
for which a hazardous secondary material is a substitute and serves the same
function and has similar physical and chemical properties as the hazardous
secondary material.
(v)
Any residuals that are generated from reclamation
processes will be managed in a manner that is protective of human health and
the environment. If any residuals exhibit a hazardous characteristic according
to rules
3745-51-20 to
3745-51-24 of the Administrative
Code, or if they themselves are specifically listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code, such residuals are hazardous wastes and shall be managed in accordance
with the applicable requirements of Chapters
3745-50 to
3745-57,
3745-65 to
3745-69,
3745-205,
3745-256,
3745-266, and
3745-270 of the Administrative
Code.
(vi)
The reclaimer and intermediate facility have financial
assurance as required under rules
3745-51-140 to
3745-51-151 of the
Administrative Code.
(g)
In addition, all
persons claiming the exclusion under paragraph (A)(24) of this rule provide
notification as required under rule
3745-50-16 of the Administrative
Code.
(25)
[Reserved.]
Hazardous secondary material that is exported from the
United States and reclaimed at a reclamation facility located in a foreign
country is not a waste, provided that the hazardous secondary material
generator complies with the applicable requirements of paragraphs (A)(24)(a) to
(A)(24)(e) of this rule (excepting paragraph (A)(24)(e)(ii)(b) of this rule for
foreign reclaimers and foreign intermediate facilities), and that the hazardous
secondary material generator also complies with the following
requirements:
(a)
Notify U.S. EPA of an intended export before the
hazardous secondary material is scheduled to leave the United States. A
complete notification shall be submitted at least sixty days before the initial
shipment is intended to be shipped off-site. This notification may cover export
activities extending over a twelve month or lesser period. The notification
shall be in writing, signed by the hazardous secondary material generator, and
include the following information:
(i)
Name, mailing address, telephone number and a U.S. EPA
identification number (if applicable) of the hazardous secondary material
generator;
(ii)
A description of the hazardous secondary material and
the U.S. EPA hazardous waste number that would apply if the hazardous secondary
material was managed as hazardous waste and the U.S. department of
transportation proper shipping name, hazard class and U.S. EPA identification
number (UN/NA) for each hazardous secondary material as identified in
49 CFR Parts
171 to
177;
(iii)
The estimated
frequency or rate at which the hazardous secondary material is to be exported
and the period of time over which the hazardous secondary material is to be
exported;
(iv)
The estimated total quantity of hazardous secondary
material;
(v)
All points of entry to and departure from each foreign
country through which the hazardous secondary material will
pass;
(vi)
A description of the means by which each shipment of
the hazardous secondary material will be transported [e.g., mode of
transportation vehicle (air, highway, rail, water, etc.), type or types of
container (drums, boxes, tanks, etc.)];
(vii)
A description
of the manner in which the hazardous secondary material will be reclaimed in
the country of import;
(viii)
The name and address of the reclaimer, any intermediate
facility, and any alternate reclaimer and intermediate facilities;
and
(ix)
The name of any countries of transit through which the
hazardous secondary material will be sent and a description of the approximate
length of time the hazardous secondary material will remain in such countries
and the nature of its handling while there (for purposes of this rule, the
terms "EPA Acknowledgement of Consent," "country of import," and "country of
transit" are used as defined in rule
3745-52-80 of the Administrative
Code with the exception that the terms in this rule refer to hazardous
secondary materials, rather than hazardous waste):
(b)
Notifications
shall be submitted electronically using U.S. EPA's "Waste Import Export
Tracking System" (WIETS), or its successor system.
(c)
Except for
changes to the telephone number in paragraph (A)(25)(a)(i) of this rule and
decreases in the quantity of hazardous secondary material indicated pursuant to
paragraph (A)(25)(a)(iv) of this rule, when the conditions specified on the
original notification change (including any exceedance of the estimate of the
quantity of hazardous secondary material specified in the original
notification), the hazardous secondary material generator shall provide U.S.
EPA with a written renotification of the change. The shipment cannot take place
until consent of the country of import to the changes (except for changes to
paragraph (A)(25)(a)(ix) of this rule and in the ports of entry to and
departure from countries of transit pursuant to paragraph (A)(25)(a)(v) of this
rule) has been obtained and the hazardous secondary material generator receives
from U.S. EPA an "EPA Acknowledgment of Consent" reflecting the country of
import's consent to the changes.
(d)
Upon request by
U.S. EPA, the hazardous secondary material generator shall furnish to U.S. EPA
any additional information which a country of import requests in order to
respond to a notification.
(e)
U.S. EPA will
provide a complete notification to the country of import and any countries of
transit. A notification is complete when U.S. EPA receives a notification which
U.S. EPA determines satisfies the requirements of paragraph (A)(25)(a) of this
rule. Where a claim of confidentiality is asserted with respect to any
notification information required by paragraph (A)(25)(a) of this rule, U.S.
EPA may find the notification not complete until any such claim is resolved in
accordance with rule
3745-50-02 of the Administrative
Code.
(f)
The export of hazardous secondary material under
paragraph (A)(25) of this rule is prohibited unless the country of import
consents to the intended export. When the country of import consents in writing
to the receipt of the hazardous secondary material, U.S. EPA will send an "EPA
Acknowledgment of Consent" to the hazardous secondary material generator. Where
the country of import objects to receipt of the hazardous secondary material or
withdraws a prior consent, U.S. EPA will notify the hazardous secondary
material generator in writing. U.S. EPA will also notify the hazardous
secondary material generator of any responses from countries of
transit.
(g)
For exports to "OECD Member" countries, the receiving
country may respond to the notification using tacit consent. If no objection
has been lodged by any country of import or countries of transit to a
notification provided pursuant to paragraph (A)(25)(a) of this rule within
thirty days after the date of issuance of the acknowledgement of receipt of
notification by the competent authority of the country of import, the
transboundary movement may commence. In such cases, U.S. EPA will send an "EPA
Acknowledgment of Consent" to inform the hazardous secondary material generator
that the country of import and any relevant countries of transit have not
objected to the shipment, and are thus presumed to have consented tacitly.
Tacit consent expires one calendar year after the close of the thirty-day
period; renotification and renewal of all consents are required for exports
after that date.
(h)
A copy of the "EPA Acknowledgment of Consent" shall
accompany the shipment. The shipment shall conform to the terms of the "EPA
Acknowledgment of Consent."
(i)
If a shipment
cannot be delivered for any reason to the reclaimer, intermediate facility or
the alternate reclaimer or alternate intermediate facility, the hazardous
secondary material generator shall re-notify U.S. EPA of a change in the
conditions of the original notification to allow shipment to a new reclaimer in
accordance with paragraph (C) of this rule and obtain another "EPA
Acknowledgment of Consent."
(j)
Hazardous
secondary material generators shall keep a copy of each notification of intent
to export and each "EPA Acknowledgment of Consent" for a period of three years
after receipt of the "EPA Acknowledgment of Consent." Hazardous secondary
material generators may satisfy this recordkeeping requirement by retaining
electronically submitted notifications or electronically generated
Acknowledgements in their account on U.S. EPA's "Waste Import Export Tracking
System" (WIETS), or its successor system, provided that such copies are readily
available for viewing and production if requested by any U.S. EPA or authorized
state inspector. No hazardous secondary material generator may be held liable
for the inability to produce a notification or acknowledgement for inspection
under this rule if the hazardous secondary material generator can demonstrate
that the inability to produce such copies are due exclusively to technical
difficulty with U.S. EPA's "Waste Import Export Tracking System" (WIETS), or
its successor system for which the hazardous secondary material generator bears
no responsibility.
(k)
Hazardous secondary material generators shall file with
the director, no later than March first of each year, a report summarizing the
types, quantities, frequency, and ultimate destination of all hazardous
secondary materials exported during the previous calendar year. Annual reports
shall be submitted electronically using U.S. EPA's "Waste Import Export
Tracking System (WIETS)," or its successor system. Such reports shall include
the following information:
(i)
Name, mailing and site address, and U.S. EPA
identification number (if applicable) of the hazardous secondary material
generator;
(ii)
The calendar year covered by the
report;
(iii)
The name and site address of each reclaimer and
intermediate facility;
(iv)
By reclaimer and intermediate facility, for each
hazardous secondary material exported, a description of the hazardous secondary
material and the EPA hazardous waste number that would apply if the hazardous
secondary material was managed as hazardous waste, the department of
transportation hazard class, the name and U.S. EPA identification number (where
applicable) for each transporter used, the total amount of hazardous secondary
material shipped, and the number of shipments pursuant to each
notification;
(v)
A certification signed by the hazardous secondary
material generator which states:
(l)
All persons
claiming an exclusion under paragraph (A)(25) of this rule shall provide
notification as required by rule
3745-50-16 of the Administrative
Code.
(26)
"Solvent-contaminated wipes," as defined in rule
3745-50-10 of the Administrative
Code, that are sent for cleaning and reuse are not wastes from the point of
generation, provided that all of the
following:
(a) The
solvent-contaminated wipes, when accumulated, stored, and transported, are
contained in non-leaking, closed containers that are labeled "Excluded
Solvent-Contaminated Wipes." The containers shall be able to contain free
liquids, should free liquids occur. During accumulation, a container is
considered closed when there is complete contact between the fitted lid and the
rim, except when necessary to add or remove solvent-contaminated wipes. When
the container is full, or when the solvent-contaminated wipes are no longer
being accumulated, or when the container is being transported, the container
shall be sealed with all lids properly and securely affixed to the container
and all openings tightly bound or closed sufficiently to prevent leaks and
emissions.
;
(b) The
solvent-contaminated wipes may be accumulated by the generator for up to one
hundred eighty days after the start date of accumulation for each container
prior to being sent for cleaning.
;
(c) At
the point of being sent for cleaning on-site or at the point of being
transported off-site for cleaning, the solvent-contaminated wipes shall contain
"no free liquids" as defined in rule
3745-50-10 of the Administrative
Code.
;
(d) Free
liquids removed from the solvent-contaminated wipes or from the container
holding the "wipes," as defined in rule
3745-50-10 of the Administrative
Code, shall be managed according to the applicable rules in Chapters 3745-50 to
3745-273 of the Administrative Code.
;
(e)
Generators shall maintain at the site all
of the following documentation.
:
(i) Name and address of the laundry or dry
cleaner that is receiving the solvent-contaminated wipes.
;
(ii) Documentation that the one hundred
eighty-day accumulation time limit in paragraph (A)(26)(b) of this rule is
being met.
;
(iii)
Description of the process the generator is using to ensure the
solvent-contaminated wipes contain no free liquids at the point of being
laundered or dry cleaned on-site or at the point of being transported off-site
for laundering or dry cleaning.
;
(f) The solvent-contaminated wipes are sent
to a laundry or dry cleaner whose discharge, if any, is regulated under Section
301 and Section 402 or Section 307 of the Clean Water Act.
(27)
Hazardous
secondary material that is generated and then transferred to another person for
the purpose of remanufacturing is not a waste, provided that:
(a)
The hazardous
secondary material consists of one or more of the following spent solvents:
toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene,
n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform,
chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide,
tetrahydrofuran, n-butyl alcohol, ethanol, or methanol;
(b)
The hazardous
secondary material originated from using one or more of the solvents listed in
paragraph (A)(27)(a) of this rule in a commercial grade for reacting,
extracting, purifying, or blending chemicals (or for rinsing out the process
lines associated with these functions) in the pharmaceutical manufacturing
(NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics
and resins manufacturing (NAICS 325211), and the paints and coatings
manufacturing sectors (NAICS 325510).
(c)
The hazardous
secondary material generator sends the hazardous secondary material spent
solvents listed in paragraph (A)(27)(a) of this rule to a remanufacturer in the
pharmaceutical manufacturing (NAICS 325412), basic organic chemical
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
and the paints and coatings manufacturing sectors (NAICS
325510).
(d)
After remanufacturing one or more of the solvents
listed in paragraph (A)(27)(a) of this rule, the use of the remanufactured
solvent is limited to reacting, extracting, purifying, or blending chemicals
(or for rinsing out the process lines associated with these functions) in the
pharmaceutical manufacturing (NAICS 325412), basic organic chemical
manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211),
and the paints and coatings manufacturing sectors (NAICS 325510) or to using
them as ingredients in a product. These allowed uses correspond to chemical
functional uses enumerated under the "Chemical Data Reporting Rule of the Toxic
Substances Control Act" (40 CFR Part 704 and
40 CFR Parts
710 to
711), including industrial
function codes U015 (solvents consumed in a reaction to produce other
chemicals) and U030 (solvents become part of the mixture);
(e)
After
remanufacturing one or more of the solvents listed in paragraph (A)(27)(a) of
this rule, the use of the remanufactured solvent does not involve cleaning or
degreasing oil, grease, or similar material from textiles, glassware, metal
surfaces, or other articles. (These disallowed continuing uses correspond to
chemical functional uses in industrial function code U029 under the "Chemical
Data Reporting Rule of the Toxics Substances Control Act."); and
(f)
Both
the hazardous secondary material generator and the remanufacturer shall:
(i)
Notify the
director and update the notification every two years per rule
3745-50-16 of the Administrative
Code;
(ii)
Develop and maintain an up-to-date remanufacturing plan
which identifies:
(a)
The name, address and U.S. EPA identification number of
the generator, and the remanufacturer;
(b)
The types and
estimated annual volumes of spent solvents to be
remanufactured;
(c)
The processes and industry sectors that generate the
spent solvents;
(d)
The specific uses and industry sectors for the
remanufactured solvents; and
(e)
A certification
from the remanufacturer stating:
(iii)
Maintain
records of shipments and confirmations of receipts for a period of three years
after the dates of the shipments;
(iv)
Prior to
remanufacturing, store the hazardous spent solvents in tanks or containers that
meet technical standards in rules
3745-51-170 to
3745-51-179 and
3745-51-190 to
3745-51-200 of the
Administrative Code, with the tanks and containers being labeled or otherwise
having an immediately available record of the material being
stored;
(v)
During remanufacturing, and during storage of the
hazardous secondary materials prior to remanufacturing, the remanufacturer
certifies that the remanufacturing equipment, vents, and tanks are equipped
with and are operating air emission controls in compliance with the appropriate
Clean Air Act regulations under
40 CFR Part 60, 40
CFR Part
61, or
40
CFR Part
63; or, absent such Clean Air Act
standards for the particular operation or piece of equipment covered by the
remanufacturing exclusion, are in compliance with the appropriate standards in
rules 3745-51-730 to
3745-51-735,
3745-51-750 to
3745-51-764, and
3745-51-780 to
3745-51-789 of the
Administrative Code); and
(vi)
Meet the
requirements prohibiting speculative accumulation in paragraph (C)(8) of rule
3745-51-01 of the Administrative
Code.
(B) Wastes which are not hazardous wastes.
The following wastes are not hazardous wastes:
(1) Household waste, including household
waste that has been collected, transported, stored, treated, disposed,
recovered (e.g., refuse-derived fuel), or reused. As used in Chapter 3745-51 of
the Administrative Code, "household waste" means any waste material (including
garbage, trash, and sanitary wastes in septic tanks) derived from households
(including single and multiple residences, hotels and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds, and day-use
recreation areas). A resource recovery facility managing municipal waste
shall
is not
be deemed to be treating, storing,
disposing of, or otherwise managing hazardous wastes for the purposes of
regulation under the hazardous waste rules, if such facility:
(a) Receives and burns only:
(i) Household waste (from single and multiple
dwellings, hotels, motels, and other residential sources).
; and
(ii) Waste from commercial or industrial
sources that does not contain hazardous waste.
; and
(b) Does not accept hazardous
wastes and the owner or operator of such facility has established contractual
requirements or other appropriate notification or inspection procedures to
assure that hazardous wastes are not received at or burned in such
facility.
(2) Wastes
generated by any of the following and which are returned to the soils as
fertilizers:
(a) The growing and harvesting of
agricultural crops.
(b) The raising
of animals, including animal manures.
(3) Mining overburden returned to the mine
site.
(4)
Coal and fossil fuels combustion residuals.
(a) Fly ash waste, bottom ash waste, slag
waste, and flue gas emission control waste generated primarily from the
combustion of coal or other fossil fuels, except as provided by rule
3745-266-112 of the
Administrative Code for facilities that burn or process hazardous
waste.
(b) The following wastes
generated primarily from processes that support the combustion of coal or other
fossil fuels that are co-disposed with the wastes in paragraph (B)(4)(a) of
this rule, except as provided by rule
3745-266-112 of the
Administrative Code for facilities that burn or process hazardous waste:
(i) "Coal pile run-off" means any
precipitation that drains off coal piles.
(ii) "Boiler cleaning solutions" means water
solutions and chemical solutions used to clean the fire-side and water-side of
the boiler.
(iii) "Boiler blowdown"
means water purged from boilers used to generate steam.
(iv) "Process water treatment and
demineralizer regeneration wastes" means sludges, rinses, and spent resins
generated from processes to remove dissolved gases, suspended solids, and
dissolved chemical salts from combustion system process water.
(v) "Cooling tower blowdown" means water
purged from a closed cycle cooling system. Closed cycle cooling systems include
cooling towers, cooling ponds, or spray canals.
(vi) "Air heater and precipitator washes"
means wastes from cleaning air preheaters and electrostatic
precipitators.
(vii) "Effluents
from floor and yard drains and sumps" means wastewaters, such as wash water,
collected by or from floor drains, equipment drains, and sumps located inside
the power plant building; and wastewaters, such as rain runoff, collected by
yard drains and sumps located outside the power plant building.
(viii) "Wastewater treatment sludges" means
sludges generated from the treatment of wastewaters specified in paragraphs
(B)(4)(b)(i) to (B)(4)(b)(vi) of this rule.
(5) Drilling fluids, produced waters, and
other wastes associated with the exploration, development, or production of
crude oil, natural gas or geothermal energy.
(6)
Chromium
hazardous waste exclusion.
(a) Wastes
which fail the test for the toxicity characteristic because chromium is present
or are listed as a hazardous waste in rules
3745-51-30 to
3745-51-35 of the Administrative
Code due to the presence of chromium, which do not fail the test for the
toxicity characteristic for any other constituent or are not listed due to the
presence of any other constituent, and which do not fail the test for any other
characteristic, if a waste generator or waste generators show that
all of the following:
(i) The chromium in the waste is exclusively
(or nearly exclusively) trivalent chromium.
; and
(ii) The waste is generated from an
industrial process which uses trivalent chromium exclusively (or nearly
exclusively) and the process does not generate hexavalent chromium.
; and
(iii) The waste is typically and frequently
managed in non-oxidizing environments.
(b) Specific wastes which meet the standards
in paragraphs (B)(6)(a)(i), (B)(6)(a)(ii), and (B)(6)(a)(iii) of this rule (so
long as the specific wastes do not fail the test for the toxicity
characteristic for any other constituent, and do not exhibit any other
characteristic) are:
(i) Chrome (blue)
trimmings generated by the following subcategories of the leather tanning and
finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome
tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and
shearling.
(ii) Chrome (blue)
shavings generated by the following subcategories of the leather tanning and
finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome
tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and
shearling.
(iii) Buffing dust
generated by the following subcategories of the leather tanning and finishing
industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet
finish; retan/wet finish; no beamhouse; through-the-blue.
(iv) Sewer screenings generated by the
following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(v) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(vi) Wastewater treatment sludges generated
by the following subcategories of the leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
and through-the-blue.
(vii) Waste
scrap leather from the leather tanning industry, the shoe manufacturing
industry, and other leather product manufacturing industries.
(viii) Wastewater treatment sludges from the
production of titanium dioxide pigment using chromium-bearing ores by the
chloride process.
(7) Waste from the extraction, beneficiation,
and processing of ores and minerals (including coal, phosphate rock, and
overburden from the mining of uranium ore), except as provided by rule
3745-266-112 of the
Administrative Code for facilities that burn or process hazardous waste.
(a) For the purposes of paragraph (B)(7) of
this rule, beneficiation of ores and minerals is restricted to any of the
following activities:
(i) Crushing.
;
(ii) Grinding.
;
(iii) Washing.
;
(iv) Dissolution.
;
(v) Crystallization.
;
(vi) Filtration.
;
(vii) Sorting.
;
(viii) Sizing.
;
(ix) Drying.
;
(x) Sintering.
;
(xi) Pelletizing.
;
(xii) Briquetting.
;
(xiii) Calcining to remove water or carbon
dioxide.
;
(xiv)
Roasting, autoclaving, or chlorination in preparation for leaching [except
where the roasting (or autoclaving or chlorination) and leaching sequence
produces a final or intermediate product that does not undergo further
beneficiation or processing].
;
(xv)
Gravity concentration.
;
(xvi)
Magnetic separation.
;
(xvii)
Electrostatic separation.
;
(xviii)
Flotation.
;
(xix)
Ion exchange.
;
(xx)
Solvent extraction.
;
(xxi)
Electrowinning.
;
(xxii)
Precipitation.
;
(xxiii)
Amalgamation.
;
and
(xxiv) Heap, dump, vat,
tank, and in situ leaching.
(b) For the purposes of paragraph (B)(7) of
this rule, waste from the processing of ores and minerals includes only the
following wastes as generated:
(i) Slag from
primary copper processing.
;
(ii)
Slag from primary lead processing.
;
(iii)
Red and brown muds from bauxite refining.
;
(iv) Phosphogypsum from phosphoric acid
production.
;
(v) Slag
from elemental phosphorus production.
;
(vi)
Gasifier ash from coal gasification.
;
(vii)
Process wastewater from coal gasification.
;
(viii) Calcium sulfate wastewater treatment
plant sludge from primary copper processing.
;
(ix) Slag tailings from primary copper
processing.
;
(x)
Fluorogypsum from hydrofluoric acid production.
;
(xi) Process wastewater from hydrofluoric
acid production.
;
(xii)
Air pollution control dust or sludge from iron blast furnaces.
;
(xiii) Iron blast furnace slag.
;
(xiv) Treated residue from roasting or
leaching of chrome ore.
;
(xv)
Process wastewater from primary magnesium processing by the anhydrous
process.
;
(xvi)
Process wastewater from phosphoric acid production.
;
(xvii) Basic oxygen furnace and open hearth
furnace air pollution control dust or sludge from carbon steel
production.
;
(xviii)
Basic oxygen furnace and open hearth furnace slag from carbon steel
production.
;
(xix)
Chloride process waste solids from titanium tetrachloride production.
; and
(xx) Slag from primary zinc
processing.
(c) A
residue derived from co-processing mineral processing secondary materials with
normal beneficiation raw materials or with normal mineral processing raw
materials remains excluded under paragraph (B) of this rule if the owner or
operator does both of the following:
(i) Processes at least fifty per cent by
weight normal beneficiation raw materials or normal mineral processing raw
materials.
;
and
(ii) Legitimately
reclaims the secondary mineral processing materials.
(8) Cement kiln dust waste, except
as provided by rule
3745-266-112 of the
Administrative Code for facilities that burn or process hazardous waste.
(9) Waste which consists of
discarded arsenical-treated wood or wood products which fails the test for the
toxicity characteristic for EPA hazardous waste numbers D004 to D017 and which
is not a hazardous waste for any other reason if the waste is generated by
persons who utilize the arsenical-treated wood and wood products for these
materials' intended end use.
(10)
Petroleum-contaminated media and debris that fail the test for the toxicity
characteristic of rule
3745-51-24 of the Administrative
Code (EPA hazardous waste numbers D018 to D043 only) and are subject to the
corrective action regulations under Chapter 1301:7-9 of the Administrative
Code.
(11) Injected ground water
that is hazardous only because the injected ground water exhibits the toxicity
characteristic (U.S. EPA hazardous waste numbers
D018 to D043 only) in rule
3745-51-24 of the Administrative
Code that is reinjected through an underground injection well pursuant to free
phase hydrocarbon recovery operations undertaken at petroleum refineries,
petroleum marketing terminals, petroleum bulk plants, petroleum pipelines, and
petroleum transportation spill sites until January 25, 1993. This extension
applies to recovery operations in existence, or for which contracts have been
issued, on or before March 25, 1991. For ground water returned through
infiltration galleries from such operations at petroleum refineries, marketing
terminals, and bulk plants, this extension applies until October 2, 1991. New
operations involving injection wells (beginning after March 25, 1991) shall
qualify for this compliance date extension (until January 25, 1993) only if
both of the following:
(a) Operations are performed pursuant to a
written state agreement or order that includes a provision to assess the ground
water and the need for further remediation once the free phase recovery is
completed.
;
and
(b) A copy of the written
agreement or order has been submitted to "Ohio EPA, Hazardous Waste Management
Program, P.O. Box 1049, Columbus, OH" 43216-1049.
(12) Used chlorofluorocarbon refrigerants
from totally enclosed heat transfer equipment, including mobile air
conditioning systems, mobile refrigeration, and commercial and industrial air
conditioning and refrigeration systems that use chlorofluorocarbons as the heat
transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed
for further use.
(13) Non-terne
plated used oil filters that are not mixed with waste listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code if these oil filters have been gravity hot-drained using one of the
following methods:
(a) Puncturing the filter
anti-drain back valve or the filter dome end and hot-draining.
;
(b) Hot-draining and crushing.
;
(c) Dismantling and hot-draining.
; or
(d) Any other equivalent hot-draining method
which removes used oil.
(14) Used oil re-refining distillation
bottoms that are used as feedstock to manufacture asphalt products.
(15) Leachate or gas condensate collected
from landfills where certain wastes have been disposed, provided that:
(a) The wastes disposed would meet one or
more of the listing descriptions for the following:
(i) EPA hazardous waste numbers K169, K170,
K171, and K172 if these wastes had been generated after February 8, 1999.
;
(ii) EPA hazardous waste numbers K174, K175,
K176, K177, and K178, if these wastes had been generated after May 20,
2002.
;
or
(iii) EPA hazardous waste
number K181 if these wastes had been generated after August 23, 2005.
(b) The wastes described in
any of the following
paragraph (B)(15)(a) of this rule were disposed prior
to the following effective dates of the listings :
(i) Paragraph (B)(15)(a)(i) of this rule were
disposed prior to February 8, 1999.
;
(ii)
Paragraph (B)(15)(a)(ii) of this rule were disposed prior to May 20,
2002.
;
(iii)
Paragraph (B)(15)(a)(iii) of this rule were disposed prior to August 23,
2005.
(c) The leachate
or gas condensate do not exhibit any characteristic of hazardous waste nor are
derived from any other listed hazardous waste.
(d) Discharge of the leachate or gas
condensate, including leachate or gas condensate transferred from the landfill
to a POTW by truck, rail, or dedicated pipe, is subject to regulation under
Section 307(b) or Section 402 of the Clean Water Act.
(e) As of February 13, 2001, leachate or gas
condensate derived from K169 to K172 is no longer exempt if such leachate or
gas condensate is stored or managed in a surface impoundment prior to
discharge. After February 26, 2007, leachate or gas condensate derived from
K181 shall
is
no longer be exempt if such leachate or gas
condensate is stored or managed in a surface impoundment prior to discharge.
After November 21, 2003, leachate or gas condensate derived from K176, K177,
and K178 will
is no longer be
exempt if such leachate or gas condensate is stored or managed in a surface
impoundment prior to discharge. There is one exception: If the surface
impoundment is used to temporarily store leachate or gas condensate in response
to an emergency situation (e.g., shutdown of wastewater treatment system),
provided the impoundment has a double liner, and provided the leachate or gas
condensate is removed from the impoundment and continues to be managed in
compliance with the conditions of this paragraph after the emergency
ends.
(16)
[Reserved.]
(17)
[Reserved.]
(18)
"Solvent-contaminated wipes," except for "wipes" (both terms are defined in
rule 3745-50-10 of the Administrative
Code) that are hazardous waste due to the presence of trichloroethylene, that
are sent for disposal are not hazardous wastes from the point of generation
provided that all of the following:
(a) The solvent-contaminated wipes, when
accumulated, stored, and transported, are contained in non-leaking, closed
containers that are labeled "Excluded Solvent-Contaminated Wipes." The
containers shall be able to contain free liquids, should free liquids occur.
During accumulation, a container is considered closed when there is complete
contact between the fitted lid and the rim, except when necessary to add or
remove solvent-contaminated wipes. When the container is full, or when the
solvent-contaminated wipes are no longer being accumulated, or when the
container is being transported, the container shall be sealed with all lids
properly and securely affixed to the container and all openings tightly bound
or closed sufficiently to prevent leaks and emissions.
;
(b) The solvent-contaminated wipes may be
accumulated by the generator for up to one hundred eighty days after the start
date of accumulation for each container prior to being sent for disposal.
;
(c) At the point of being transported for
disposal, the solvent-contaminated wipes shall contain "no free liquids" as
defined in rule
3745-50-10 of the Administrative
Code.
;
(d) Free
liquids removed from the solvent-contaminated wipes or from the container
holding the wipes shall be managed according to the applicable rules in
Chapters 3745-50 to 3745-273 of the Administrative Code.
;
(e) Generators shall maintain at the site
all of the following documentation:
(i) Name and address of the landfill or
combustor that is receiving the solvent-contaminated wipes.
;
(ii) Documentation that the one hundred
eighty-day accumulation time limit in paragraph (B)(18)(b) of this rule is
being met.
;
and
(iii) Description of the
process the generator is using to ensure solvent-contaminated wipes contain no
free liquids at the point of being transported for disposal.
;
(f) The solvent-contaminated wipes
are sent directly according to any of the
following
for disposal :
(i)
For disposal
to
To a sanitary landfill regulated
under Chapter 3745-27 of the Administrative code and that complies with rule
3745-27-08 of the Administrative
code and is permitted, licensed, or otherwise authorized by Ohio, or is
permitted, licensed, or otherwise authorized by another state that that allows
the disposal of contaminated wipes in such landfill.
; or
(ii)
For disposal
to
To a permitted hazardous waste
landfill unit regulated under Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code, including rule
3745-57-03 of the Administrative
Code, or is an authorized hazardous waste landfill in another authorized
state.
;
or
(iii) To a municipal waste
combustor or other combustion facility regulated under Section 129 of the Clean
Air Act or to a hazardous waste combustor, boiler, or industrial furnace
regulated under Chapters 3745-54 to 3745-57 and 3745-205, or Chapters 3745-65
to 3745-69 and 3745-256, or rules
3745-266-100 to
3745-266-112 of the
Administrative Code.
(C) Hazardous wastes which are exempted from
certain rules. A hazardous waste which is generated in a product or raw
material storage tank, a product or raw material transport vehicle or vessel, a
product or raw material pipeline, or in a manufacturing process unit or an
associated non-waste-treatment-manufacturing unit, is not subject to regulation
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, or to the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, until
hazardous waste exits the unit in which hazardous waste was generated, unless
the unit is a surface impoundment, or unless the hazardous waste remains in the
unit more than ninety days after the unit ceases to be operated for
manufacturing, or for storage or transportation of product or raw
materials.
(D) Samples.
(1) Except as provided in paragraphs (D)(2)
and (D)(4) of this rule, a sample of waste or a sample of water, soil, or air,
which is collected for the sole purpose of testing to determine the
characteristics or composition of such sample, is not subject to Chapters
3745-50, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205,
3745-256, 3745-266, and 3745-270 of the Administrative Code or to the
requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, when
any of the following occurs:
(a) The sample is being transported to a
laboratory for the purpose of testing.
; or
(b)
The sample is being transported back to the sample collector after
testing.
;
or
(c) The sample is being
stored by the sample collector before transport to a laboratory for
testing.
;
or
(d) The sample is being
stored in a laboratory before testing.
; or
(e)
The sample is being stored in a laboratory after testing but before the sample
is returned to the sample collector.
; or
(f)
The sample is being stored temporarily in the laboratory after testing for a
specific purpose (for example, until conclusion of a court case or enforcement
action where further testing of the sample may be necessary).
(2) In order to qualify for the
exemption in paragraphs (D)(1)(a) and (D)(1)(b) of this rule, a sample
collector shipping samples to a laboratory and a laboratory returning samples
to a sample collector shall do one of the
following:
(a) Comply with U.S.
department of transportation (DOT) requirements, United States postal service
(USPS), or any other applicable shipping requirements.
; or
(b) Comply with both of the following requirements if the sample
collector determines that DOT, USPS, or other shipping requirements do not
apply to the shipment of the sample:
(i)
Assure that all of the following
information accompanies the sample.
:
(a) The sample
collector's name, mailing address, and telephone number.
;
(b) The laboratory's name, mailing address,
and telephone number.
;
(c) The
quantity of the sample.
;
(d) The
date of shipment.
;
and
(e) A description of the
sample.
(ii) Package the
sample so that the sample does not leak, spill, or vaporize from the
packaging.
(3) This exemption does not apply if the
laboratory determines that the waste is hazardous, but the laboratory is no
longer meeting any of the conditions stated in paragraph (D)(1) of this
rule.
(4) In order to qualify for
the exemption in paragraphs (D)(1)(a) and (D)(1)(b) of this rule, the mass of a
sample that will be exported to a foreign laboratory or that will be imported
to a United States laboratory from a foreign source shall additionally not
exceed twenty-five kilograms.
(E) Treatability study samples.
(1) Except as provided in paragraphs (E)(2)
and (E)(4) of this rule, persons who generate or collect samples for the
purpose of conducting "treatability studies" as defined in rule
3745-50-10 of the Administrative
Code, are not subject to Chapters
3745-51 to
3745-53 of the Administrative
Code or to the requirement to notify Ohio EPA or U.S. EPA of regulated waste
activity, nor are such samples included in the quantity determinations of rule
3745-52-13 of the Administrative
Code when one of the following occurs:
(a) The sample is being collected and
prepared for transportation by the generator or sample collector.
; or
(b) The sample is being accumulated or stored
by the generator or sample collector prior to transportation to a laboratory or
testing facility.
;
or
(c) The sample is being
transported to the laboratory or testing facility for the purpose of conducting
a treatability study.
(2) The exemption in paragraph (E)(1) of this
rule is applicable to samples of hazardous waste being collected and shipped
for the purpose of conducting treatability studies provided that
all of the following:
(a) The generator or sample collector uses
(in "treatability studies") no more than ten thousand kilograms of media
contaminated with non-acute hazardous waste, one thousand kilograms of
non-acute hazardous waste other than contaminated media, one kilogram of acute
hazardous waste, two thousand five hundred kilograms of media contaminated with
acute hazardous waste for each process being evaluated for each generated waste
stream.
;
and
(b) The mass of each
sample shipment does not exceed ten thousand kilograms; the ten thousand
kilograms quantity may be all media contaminated with non-acute hazardous
waste, or may include two thousand five hundred kilograms of media contaminated
with acute hazardous waste, one thousand kilograms of hazardous waste, and one
kilogram of acute hazardous waste.
; and
(c)
The sample shall be packaged so that the sample shall
will not leak,
spill, or vaporize from the sample's packaging during shipment and the
requirements of paragraph (E)(2)(c)(i) or (E)(2)(c)(ii) of this rule are met.
(i) The transportation of each sample
shipment complies with DOT, USPS, or any other applicable shipping
requirements.
;
or
(ii) If the DOT, USPS, or
other shipping requirements do not apply to the shipment of the sample,
all of the following information shall
accompany the sample:
(a) The name, mailing
address, and telephone number of the originator of the sample.
;
(b) The name, address, and telephone number
of the facility that will perform the treatability study.
;
(c) The quantity of the sample.
;
(d) The date of shipment.
; and
(e) A description of the sample, including
the sample's EPA hazardous waste number.
(d) The sample is shipped to a laboratory or
testing facility which is exempt under paragraph (F) of this rule or has an
appropriate RCRA permit or interim status or, in Ohio, is operating under an
Ohio hazardous waste permit or permit by rule.
(e) The generator or sample collector
maintains all of the following records for
a period ending three years after completion of the treatability study:
(i) Copies of the shipping documents.
;
(ii) A copy of the contract with the facility
conducting the treatability study.
;
(iii)
Documentation showing all of the following:
(a) The amount of waste shipped under this
exemption.
;
(b) The
name, address, and U.S. EPA identification number of the laboratory or testing
facility that received the waste.
;
(c) The
date the shipment was made.
; and
(d) Whether or not unused samples and
residues were returned to the generator.
(f) The generator reports the information
required under paragraph (E)(2)(e)(iii) of this rule in the generator's
biennial report (as required by rule
3745-52-41 of the Administrative
Code).
(3) The director
may grant requests, on a case-by-case basis, for up to an additional two years
for treatability studies involving bioremediation. The director may grant
requests on a case-by-case basis for quantity limits in excess of those
specified in paragraphs (E)(2)(a) and (E)(2)(b) and (F)(4) of this rule, for up
to an additional five thousand kilograms of media contaminated with non-acute
hazardous waste, five hundred kilograms of non-acute hazardous waste, two
thousand five hundred kilograms of media contaminated with acute hazardous
waste, and one kilogram of acute hazardous waste:
(a) In response to requests for authorization
to ship, store, and conduct treatability studies on additional quantities in
advance of commencing treatability studies. Factors to be considered in
reviewing such requests include the nature of the technology, the type of
process (e.g., batch versus continuous), size of the unit undergoing testing
(particularly in relation to scale-up considerations), the time or quantity of
material required to reach steady state operating conditions, or test design
considerations such as mass balance calculations.
(b) In response to requests for authorization
to ship, store, and conduct treatability studies on additional quantities after
initiation or completion of initial treatability studies, when
any of the following circumstances apply:
(i) There has been an equipment or mechanical
failure during the conduct of a treatability study.
;
(ii) There is a need to verify the results of
a previously conducted treatability study.
;
(iii) There is a need to study and analyze
alternative techniques within a previously evaluated treatment process.
; or
(iv) There is a need to do further evaluation
of an ongoing treatability study to determine final specifications for
treatment.
(c) The
additional quantities and timeframes allowed in paragraphs (E)(3)(a) and
(E)(3)(b) of this rule are subject to all the provisions in paragraphs (E)(1)
and (E)(2)(c) to (E)(2)(f) of this rule. The generator or sample collector
shall apply to the director in writing and shall provide in writing
all of the following information:
(i) The reason why the generator or sample
collector requires additional time or quantity of sample for treatability study
evaluation, and the additional time or quantity needed.
;
(ii) Documentation accounting for all samples
of hazardous waste from the waste stream which have been sent for or undergone
treatability studies including the date each previous sample from the waste
stream was shipped, the quantity of each previous shipment, the laboratory or
testing facility to which each sample was shipped, what treatability study
processes were conducted on each sample shipped, and the available results of
each treatability study.
;
(iii) A
description of the technical modifications or change in specifications which
shall be evaluated and the expected results.
;
(iv) If such further study is being required
due to equipment or mechanical failure, the applicant shall include information
regarding the reason for the failure or breakdown and also include what
procedures or equipment improvements have been made to protect against further
breakdowns.
;
and
(v) Such other
information that the director considers necessary.
(4) In order to qualify for the
exemption in paragraph (E)(1)(a) of this rule, the mass of a sample that will
be exported to a foreign laboratory or testing facility, or that will be
imported to a United States laboratory or testing facility from a foreign
source shall additionally not exceed twenty-five kilograms.
(F) Samples undergoing
treatability studies at laboratories and testing facilities. Samples undergoing
treatability studies and the laboratory or testing facility conducting such
treatability studies (to the extent such facilities are not otherwise subject
to hazardous waste requirements) are not subject to Chapters 3745-50, 3745-52,
3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266,
and 3745-270 of the Administrative Code or to requirement to notify Ohio EPA or
U.S. EPA of regulated waste activity, provided that the conditions of
paragraphs (F)(1) to (F)(11)
paragraph (F) of this rule are met. A mobile
treatment unit (MTU) may qualify as a testing facility subject to
paragraphs (F)(1) to (F)(11)
paragraph (F) of this rule. Where a group of MTUs
are located at the same site, the limitations specified in
paragraphs (F)(1) to (F)(11)
paragraph (F) of this rule apply to the entire
group of MTUs collectively as if the group were one MTU.
(1) No less than forty-five days before
conducting treatability studies, the owner or operator of the laboratory or
testing facility notifies the director in writing that the owner or operator of
the laboratory or testing facility intends to conduct treatability studies
under paragraph (F) of this rule.
(2) The laboratory or testing facility
conducting the treatability study has a U.S. EPA identification number.
(3) No more than a total of ten
thousand kilograms of "as received" media contaminated with non-acute hazardous
waste, two thousand five hundred kilograms of media contaminated with acute
hazardous waste, or two hundred fifty kilograms of other "as received"
hazardous waste is subject to initiation of treatment in all treatability
studies in any single day. "As received" waste refers to the waste as received
in the shipment from the generator or sample collector.
(4) The quantity of "as received" hazardous
waste stored at the facility for the purpose of evaluation in treatability
studies does not exceed ten thousand kilograms, the total of which can include
ten thousand kilograms of media contaminated with non-acute hazardous waste,
two thousand five hundred kilograms of media contaminated with acute hazardous
waste, one thousand kilograms of non-acute hazardous wastes other than
contaminated media, and one kilogram of acute hazardous waste. This quantity
limitation does not include treatment materials (including nonhazardous waste)
added to "as received" hazardous waste.
(5) No more than ninety days have elapsed
since the treatability study for the sample was completed, or no more than one
year (two years for treatability studies involving bioremediation) have elapsed
since the generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to five hundred kilograms of
treated material from a particular waste stream from treatability studies may
be archived for future evaluation up to five years after the date of initial
receipt. Quantities of materials archived are counted against the total storage
limit for the facility.
(6) The
treatability study does not involve the placement of hazardous waste on the
land or open burning of hazardous waste.
(7) The facility maintains records for three
years following completion of each study that show compliance with the
treatment rate limits and the storage time and quantity limits.
All of the
The following specific information shall be included
for each treatability study conducted:
(a) The
name, address, and U.S. EPA identification number of the generator or sample
collector of each waste sample.
;
(b) The
date the shipment was received.
;
(c) The
quantity of waste accepted.
;
(d) The quantity of "as received" waste in
storage each day.
;
(e) The
date the treatment study was initiated and the amount of "as received" waste
introduced to treatment each day.
;
(f) The
date the treatability study was concluded.
and
(g) The date any unused sample or residues
generated from the treatability study were returned to the generator or sample
collector or, if sent to a designated facility, the name of the facility and
the U.S. EPA identification number.
(8) The facility keeps, on-site, a copy of
the treatability study contract and all shipping papers associated with the
transport of treatability study samples to and from the facility for a period
ending three years after the completion date of each treatability
study.
(9) The facility prepares
and submits a report to the director by March fifteenth of each year
that includes all
of the following information for the previous calendar year:
(a) The name, address, and U.S. EPA
identification number of the facility conducting the treatability
studies.
;
(b) The
types (by process) of treatability studies conducted.
;
(c) The names and addresses of persons for
whom studies have been conducted (including the U.S. EPA identification
numbers).
;
(d) The total quantity of waste in
storage each day.
;
(e) The
quantity and types of waste subjected to treatability studies.
;
(f) When each treatability study was
conducted.
;
and
(g) The final disposition
of residues and unused sample from each treatability study.
(10) The facility determines
whether any unused sample or residues generated by the treatability study are
hazardous waste under rule
3745-51-03 of the Administrative
Code and, if so, are subject to Chapters
3745-51 to
3745-270 and rules
3745-50-40 to
3745-50-235 of the
Administrative Code, unless the residues and unused samples are returned to the
sample originator under the exemption in paragraph (E) of this rule.
(11) The facility notifies the director by
letter when the facility is no longer planning to conduct any treatability
studies at the site.
(G)
Dredged material that is not a hazardous waste. Dredged material that is
subject to a permit that has been issued under Section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) or
Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C. 1413) is not a hazardous waste.
For paragraph (G) of this rule, the following definitions apply:
(1) The term "dredged material" has the same
meaning as in 40 C.F.R.
CFR
232.2.
(2) The term "permit" means
one of the following:
(a) A permit issued by the United States army
corps of engineers (corps) or an approved state under Section 404 of the
Federal Water Pollution Control Act (33 U.S.C.
1344).
; or
(b) A permit issued by the corps under
Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C. 1413).
;
or
(H) Carbon dioxide stream injected
for geologic sequestration. Carbon dioxide streams that are captured and
transported for purposes of injection into an underground injection well
subject to the requirements for "Class VI" underground injection control wells,
including the requirements in 40 C.F.R.
CFR Part 144 and 40 C.F.R.
CFR Part 146
of the underground injection control program of the Safe Drinking Water Act,
are not a hazardous waste, provided the conditions in 40
C.F.R.
CFR
261.4(h) are
met.
(I) [Reserved.]
(J) Airbag waste.
(1) Airbag waste at the airbag waste handler
or during transport to an airbag waste collection facility or designated
facility is not subject to regulation under Chapters 3745-50, 3745-52, 3745-53,
3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and
3745-270 of the Administrative Code, and is not subject to the requirement to
notify Ohio EPA or U.S. EPA of regulated waste activity provided that
all of the following are met:
(a) The airbag waste is accumulated in a
quantity of no more than two hundred fifty airbag modules or airbag inflators,
for no longer than one hundred eighty days.
;
(b) The airbag waste is packaged in a
container designed to address the risk posed by the airbag waste and labeled
"Airbag Waste - Do Not Reuse.
; "
(c) The
airbag waste is sent directly to either of the
following:
(i) An airbag waste
collection facility in the United States under the control of a vehicle
manufacturer or the authorized representative of the vehicle manufacturer, or
under the control of an authorized party administering a remedy program in
response to a recall under the national highway traffic safety
administration.
or
(d) The transport of the airbag waste
complies with all applicable U.S. department of transportation regulations in
49 C.F.R.
CFR
Parts 171 to 180 during transit.
;
(e) The
airbag waste handler maintains at the handler facility for no less than three
years records of all off-site shipments of airbag waste and all confirmations
of receipt from the receiving facility. For each shipment, these records, at a
minimum, shall contain the name of the transporter and date of the shipment,
name and address of receiving facility, and the type and quantity of airbag
waste (i.e., airbag modules or airbag inflators) in the shipment. Confirmations
of receipt shall include the name and address of the receiving facility, the
type and quantity of the airbag waste (i.e., airbag modules and airbag
inflators) received, and the date which the airbag waste was received. Shipping
records and confirmations of receipt shall be made available for inspection and
may be satisfied by routine business records (e.g., electronic or paper
financial records, bills of lading, copies of DOT shipping papers, or
electronic confirmations of receipt).
(2) Once the airbag waste arrives at an
airbag waste collection facility or designated facility, the airbag waste
becomes subject to all applicable hazardous waste rules, and the facility
receiving airbag waste is considered the hazardous waste generator for the
purposes of the hazardous waste rules and shall comply with Chapter 3745-52 of
the Administrative Code.
(3) Reuse
in vehicles of defective airbag modules or defective airbag inflators subject
to a recall under the national highway traffic safety administration is
considered sham recycling and is prohibited under 40
C.F.R. 261.2(g)
paragraph (G) of rule
3745-51-02 of the Administrative
Code .
[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."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 11/29/1983, 08/30/1984, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 12/08/1988, 12/30/1989, 06/29/1990, 02/11/1992, 04/15/1993, 02/14/1995, 09/02/1997, 10/20/1998, 12/07/2000, 07/27/2001, 03/13/2002, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 10/31/2015, 10/05/2020
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