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, as amended through the date specified in
rule
3745-50-11
of the Administrative Code.
[Comment: This exclusion applies only to the actual point
source discharge. It
they
it
(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 it
is
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,
unless it is
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 they
the secondary materials were generated where
they
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 they
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
the standards in rules
3745-69-40
to
3745-69-45
of the Administrative Code, regardless of whether the
plant
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 plant owner or operator prepares one-time
notification stating that the plant
owner or operator intends to claim the exclusion,
giving the date on which the plant
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 it
The plant
its
plant
plant
it
plant
(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
they
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 they
the
wastes are generated to the point they
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 it
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 they
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 they
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 CFR
C.F.R. 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
its
the contents.
(iii) A container shall be free standing and
be manufactured of a material suitable for containment of
its
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
its
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
paragraphs
paragraph (A)(17) to
(A)(17)(f) 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
it
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 will
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
paragraphs
paragraph (A)(20) to
(A)(20)(e) 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 paragraphs
paragraph
(A)(20) to (A)(20)(e) 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
paragraphs
paragraph (A)(20) to
(A)(20)(e) 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 they
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 will
shall
be used only to store hazardous secondary materials excluded under
paragraphs
paragraph (A)(20) to
(A)(20)(e) 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
paragraphs
paragraph (A)(20) to
(A)(20)(e) 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. It is
The manufacturer has the responsibility
of the manufacturer 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 for purposes of
determining
to determine compliance with
paragraph (A)(21)(b) of this rule. Such
At a minimum, such records shall
at a minimum 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
paragraphs
paragraph (A)(21) to
(A)(21)(c)(iv) 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
they
the used,
intact CRTs are disposed, or unless they
are "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 theythe 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
they
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 it
such glass complies
with paragraph (C) of rule
3745-51-39
of the Administrative Code.
(23)
[ Reserved.]
(24)
[ Reserved.]
(25)
[ Reserved.]
(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
it is 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
from
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.
(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 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)
Such facility
does
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.
(4)
(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
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 it is shown
by a waste generator or by 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 they
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
paragraphs
paragraph (B)(7) to
(B)(7)(c)(ii) 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
paragraphs
paragraph (B)(7) to
(B)(7)(c)(ii) 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 paragraphs
paragraph (B) to
(B)(15)(e) 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 it
the injected ground
water exhibits the toxicity characteristic (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) will
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,
Division of Materials and Waste
Management
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 will
remove
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;
.
(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:
(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 it
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 will
shall no longer be exempt if
it
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 no longer be exempt if it
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
it is 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
from
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.
(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:
(i) For disposal 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.
(ii) For disposal 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.
(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 or
, and 3745-270
or rules
3745-50-40
to
3745-50-235
of the Administrative Code, or to the requirement to notify Ohio EPA or U.S.
EPA of regulated waste activity, until it
hazardous waste
exits the unit in which it
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
paragraph
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
its
the
characteristics or composition of such sample , is
not subject to Chapters 3745-51
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 or rules
3745-50-40
to
3745-50-235
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 it
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 , U.S.
United States
postal service (USPS), or any other applicable shipping requirements; or
.
(b)
Both
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
it
the sample
does not leak, spill, or vaporize from its
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
paragraph
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 paragraph (D) of rule
3745-52-34
and rule 3745-51-05
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
it will
the sample
shall not leak, spill, or vaporize from its
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
its
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 its
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 it
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
will
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
3745-51
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
or rules
3745-50-40
to
3745-50-235
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) of this rule are met. A mobile treatment unit (MTU) may qualify as a
testing facility subject to paragraphs (F)(1) to (F)(11) of this rule. Where a
group of MTUs are located at the same site, the limitations specified in
paragraphs (F)(1) to (F)(11) 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 it
the owner or operator of
the laboratory or testing facility intends to conduct treatability
studies under paragraphs
paragraph (F) to
(F)(11) 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 from
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.
The
All of 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 from
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 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
paragraphs
paragraph (G) to
(G)(2)(c) of this rule, the following definitions apply:
(1) The term "dredged material" has the same
meaning as in 40 CFR
C.F.R. 232.2.
(2) The term "permit" means one of the
following:
(a) A permit issued by the
U.S.
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 ).
(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 ).
(c) In the case of corps civil works
projects, the administrative equivalent of the permits referred to in
paragraphs (G)(2)(a) and (G)(2)(b) of this rule, as provided for in corps
regulations (for example, see 33 CFR
C.F.R. 336.1, 336.2, and 337.6
).
(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 CFR
C.F.R. Part 144
and 40 CFR
C.F.R. Part 146 of the underground injection control
program of the Safe Drinking Water Act, are not a hazardous waste, provided the
conditions in 40 CFR
C.F.R. 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.
(ii)
A "designated
facility" as defined in rule
3745-50-10
of the Administrative Code.
(d)
The transport of
the airbag waste complies with all applicable U.S. department of transportation
regulations in 49 C.F.R. 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).
[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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.