Ohio Admin. Code 3745-51-06 - Requirements for recyclable materials
(A) Recyclable materials.
(1) Hazardous wastes that are recycled are
subject to the requirements for generators, transporters, and storage
facilities of paragraphs (B) and (C) of this rule, except for the materials
listed in paragraphs (A)(2), (A)(3), and (A)(4) of this rule. Hazardous wastes
that are recycled shall be known as "recyclable materials."
(2) The following recyclable materials are
not subject to the requirements of this rule but are regulated under Chapter
3745-266 of the Administrative Code and all applicable provisions of
Chapter
Chapters
3745-50 and 3745-270 and rules
3745-50-40
to
3745-50-235
of the Administrative Code:
(a) Recyclable
materials used in a manner constituting
that constitutes disposal (rules
3745-266-20
to
3745-266-23
of the Administrative Code).
(b)
Hazardous wastes burned [as "burn" is defined in paragraph (A) of rule
3745-266-100
of the Administrative Code] for energy recovery in boilers and industrial
furnaces that are not regulated under rules
3745-57-40
to
3745-57-51 or
3745-68-40
to
3745-68-52
of the Administrative Code (rules
3745-266-100
to
3745-266-112
of the Administrative Code).
(c)
Recyclable materials from which precious metals are reclaimed (rule
3745-266-70
of the Administrative Code).
(d)
Spent lead-acid batteries that are being reclaimed (rule
3745-266-80
of the Administrative Code).
(3) The following recyclable materials are
not subject to regulation under rules
3745-50-40
to
3745-50-235
or Chapters 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 are not
subject to the requirement to notify Ohio EPA or U.S. EPA of regulated waste
activity:
(a) Industrial ethyl alcohol that
is reclaimed except that exports and imports of such recyclable materials shall
comply with 40 CFR
C.F.R. Part 262, subpart H:
(i) A person initiating
who
initiates a shipment for reclamation in a foreign country shall comply
with 40 CFR
C.F.R. Part 262 subpart H.
[Comment: The exercise of foreign relations and international commerce powers is reserved to the federal government under the Constitution. These responsibilities are not delegable to the states.
Therefore, the importation and exportation of hazardous waste into and out of the U.S. is solely regulated by the federal government.]
(ii) A transporter
transporting
who
transports a shipment for export shall not accept a shipment if the
transporter knows the shipment does not conform to the "EPA Acknowledgement of
Consent. ". A
transporter transporting
who transports a shipment for export shall ensure that
a copy of the "EPA Acknowledgement of Consent" accompanies the shipment and
shall ensure that the shipment is delivered to the facility designated by the
person initiating
who initiates the shipment.
(b) Scrap metal that is not excluded under
paragraph (A)(13) of rule
3745-51-04 of the
Administrative Code.
(c) Fuels
produced from the refining of oil-bearing hazardous waste along with normal
process streams at a petroleum refining facility, if such wastes result from
normal petroleum refining, production, and transportation practices. [this
This exemption does not apply to fuels produced from
oil recovered from oil-bearing hazardous waste, where such recovered oil is
already excluded under paragraph (A)(12)(b) of rule
3745-51-04 of the
Administrative Code. ].
(d)
Oil and fuel produced from oil-bearing hazardous wastes.
(i) Hazardous waste fuel produced from
oil-bearing hazardous wastes from petroleum refining, production, or
transportation practices, or produced from oil reclaimed from such hazardous
wastes, where such hazardous wastes are reintroduced into a process that does
not use distillation or does not produce products from crude oil so long as the
resulting fuel meets the used oil specification under rule
3745-279-11
of the Administrative Code and so long as no other hazardous wastes are used to
produce the hazardous waste fuel.
(ii) Hazardous waste fuel produced from
oil-bearing hazardous waste from petroleum refining production and
transportation practices, where such hazardous wastes are reintroduced into a
refining process after a point at which contaminants are removed, so long as
the fuel meets the used oil fuel specification under rule
3745-279-11
of the Administrative Code.
(iii)
Oil reclaimed from oil-bearing hazardous wastes from petroleum refining,
production, and transportation practices, which reclaimed oil is burned as a
fuel without reintroduction to a refining process, so long as the reclaimed oil
meets the used oil specification under rule
3745-279-11
of the Administrative Code.
(e) Contaminated wipes and apparel that are
intended to be laundered and reused. Contaminated wipes and apparel including
but not limited to rags, mops, drop cloths, and apparel (e.g., gloves,
uniforms, smocks, and coveralls) made of woven or unwoven;
, natural or
synthetic materials (e.g., fabric, leather, or
rubberlike
rubber-like material) that exhibit a characteristic of
hazardous waste or are otherwise contaminated with hazardous waste as
defined
described in rule
3745-51-03
of the Administrative Code, are intended to be
cleaned on-site or to be sent to a laundry or
other cleaning facility for cleaning
to be cleaned , provided all the following
conditions are met:
(i) Contaminated wipes and apparel, when
accumulated, stored, and transported, are contained in non-leaking, closed
containers. The containers shall be able to contain free liquids, should free
liquids occur.
(ii) Contaminated
wipes and apparel are not burned for energy recovery, used to produce a fuel,
contained in fuels, used in a manner constituting
that
constitutes disposal, or used to produce products that are applied to the
land according to rules
3745-51-02
and
3745-266-20
of the Administrative Code.
(iii)
Contaminated wipes and apparel are not otherwise exempt under paragraph (A)(26)
of rule
3745-51-04 of the
Administrative Code.
(iv) Hazardous
waste shall not be mixed with the contaminated wipes and apparel.
(v) The generator of the contaminated wipes
and apparel shall do one of the following:
(a) Ensure the contaminated wipes and apparel
or the container contain no "free liquids" as defined in rule
3745-50-10
of the Administrative Code at the point the wipes and apparel are sent on-site
to be cleaned or transported off-site
for cleaning
to be
cleaned .
(b) Develop and
implement a written procedure to ensure that the wipes and apparel contain no
free liquids when placed in the container and that no free liquids are added to
the container at any time.
(c)
Maintain a written explanation as to why no free liquids will occur in the
container.
(vi)
Contaminated wipes and apparel are not contaminated with acute hazardous waste
as defined
described in rule
3745-51-30
and listed in rule
3745-51-31
or paragraph (E) of rule
3745-51-33
of the Administrative Code.
(vii)
Contaminated wipes and apparel that are only contaminated only with used oil shall contain no visible free
flowing used oil, in accordance with paragraph
(C)(1) of rule
3745-279-10
of the Administrative Code.
[Comment: Items containing
(viii)
Contaminated wipes and apparel are cleaned on-site or sent to an off-site
laundry or cleaning facility that is subject to regulation under Section 402 or
Section 307(b) of the Clean Water Act for discharge to a publicly owned
treatment works or for discharge directly to the waters of the state.
[Comment: The operator of the on-site or off-site laundry or cleaning facility shall evaluate, in accordance with rule 3745-52-11 of the Administrative Code, all wastes generated at such facilities, including all contaminated wipes and apparel that are discarded.]
(4) Used oil that is recycled and is also a
hazardous waste solely because the used oil exhibits a hazardous characteristic
is not subject to Chapters 3745-50, 3745-51, 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, but is regulated under Chapter 3745-279 of the
Administrative Code. Used oil that is recycled includes any used oil which is
reused, following the used oil's original use, for any purpose (including the
purpose for which the oil was originally used). Such term includes, but is not
limited to, oil which is re-refined, reclaimed, burned for energy recovery, or
reprocessed.
(5) Hazardous waste
that is exported or imported for purpose of recovery is subject to the
requirements of 40 CFR
C.F.R. Part 262,
subpart H.
(B) Generators
and transporters of recyclable materials are subject to the applicable
requirements of Chapters 3745-52 and 3745-53 of the Administrative Code, and the requirement to notify Ohio EPA or U.S.
EPA of regulated waste activity, except as provided in paragraph (A) of this
rule.
(C) Recyclable materials that
are stored before being recycled, recycled without storage, or entered into a
recycling process within seventy-two hours.
(1) Owners or operators of facilities that
store recyclable materials before the materials are recycled shall obtain a
hazardous waste installation and operation permit in accordance with Chapter
3734. of the Revised Code, except as provided in paragraph (C)(3)(a) of this
rule, and are regulated under all applicable provisions of Chapters 3745-54,
3745-55, 3745-65, 3745-66, 3745-266, and 3745-270, and rules
3745-50-40
to
3745-50-235,
3745-56-20
to
3745-56-31,
3745-56-50
to
3745-56-59,
3745-67-20
to
3745-67-30,
and
3745-67-50
to
3745-67-60
of the Administrative Code and the requirement to notify Ohio EPA or U.S. EPA
of regulated waste activity, except as provided in paragraph (A) of this rule.
(The recycling process itself is exempt from regulation.)
(2) Owners or operators of facilities that
recycle recyclable materials without storing them
the recyclable
materials before they are
recycled
recycling are subject to all of
the following requirements, except as provided in paragraph (A) of this rule:
(a) The requirement to notify Ohio EPA or
U.S. EPA of regulated waste activity.
(b) Rules
3745-65-71
and
3745-65-72
of the Administrative Code (dealing with
the use of the manifest and manifest discrepancies).
(c) [Reserved.]
(d)
Rule
3745-65-75 of the
Administrative Code, biennial reporting requirements.
(3) Limited storage prior to recycling.
(a) Owners or operators of facilities that
enter recyclable materials into a recycling process within seventy-two hours
after arrival at the facility, except as provided in paragraph (A)(2) of this
rule, may store recyclable materials in containers, tanks, or containment
buildings without an Ohio hazardous waste permit, provided that all of the
following requirements are met:
(i) The
notification and U.S. EPA identification number requirements of rule
3745-65-11
of the Administrative Code. A description of the recycling process shall be
provided in the comments section of the notification form. The owner or
operator shall renotify when there is a change in the recycling process or when
the recycling operations cease.
(ii) The requirements for container
management of rules
3745-66-71
to
3745-66-77
of the Administrative Code.
(iii)
The requirements for tank management of rules
3745-66-90
to
3745-66-96,
3745-66-98,
3745-66-99,
and paragraphs (A) and (B) of rule
3745-66-97
of the Administrative Code.
(iv)
The requirements for containment buildings of rules
3745-256-100
to
3745-256-101
of the Administrative Code.
(v) The
security requirements of rule
3745-65-14 of the
Administrative Code.
(vi) The
inspection requirements of rule
3745-65-15
of the Administrative Code.
(vii)
The personnel training requirements of rule
3745-65-16 of
the Administrative Code.
(viii) The
requirements for ignitable wastes, reactive wastes, or incompatible wastes of
rule
3745-65-17
of the Administrative Code.
(ix)
The preparedness and prevention requirements of rules
3745-65-30
to
3745-65-37
of the Administrative Code.
(x) The
contingency plan and emergency procedures requirements of rules
3745-65-50
to
3745-65-56
of the Administrative Code.
(xi)
The manifest system, recordkeeping, and reporting requirements of rules
3745-65-70
to
3745-65-72
of the Administrative Code.
(xii)
The operating record requirements of paragraphs (A) and (B)(3) to (B)(14) of
rule
3745-65-73 of
the Administrative Code.
(xiii)
Maintain an inventory log in the operating record containing
that
contain this information for three years:
(a) The date and time when the recyclable
material arrived at the facility.
(b) The quantity and type of material
received.
(c) The name and address
of the facility where the recyclable materials shipment originated.
(d) The date and time that the recyclable
material was placed into the recycling process.
(xiv) The availability, retention, and
disposition of records requirements of rule
3745-65-74
of the Administrative Code.
(xv)
The biennial report requirements of rule
3745-65-75 of the
Administrative Code.
(xvi) The
unmanifested waste report requirements of rule
3745-65-76
of the Administrative Code.
(xvii)
The additional reports requirements of rule
3745-65-77 of
the Administrative Code.
(xviii)
The closure requirements of paragraphs (A) and (B) of rule
3745-66-11
and rule
3745-66-14
of the Administrative Code.
(xix)
The financial assurance requirements of rule
3745-51-100
of the Administrative Code.
(xx)
The owner or operator shall give advance notice to the director of any
anticipated noncompliance with the seventy-two hour time limit for storage.
This notice shall contain all of the following:
(a) The cause of the anticipated
noncompliance.
(b) The name,
address, and telephone number of the owner or operator.
(c) The name, address, and telephone number
of the facility.
(d) The date and
time of the anticipated noncompliance.
(e) The name and quantity of materials
involved.
(f) The estimated time
frame for noncompliance.
(b) Owners or operators of facilities that do
not enter recyclable materials into a recycling process within seventy-two
hours after arrival at the facility, except as provided in paragraph (A)(2) of
this rule, are subject to the requirements of paragraph (C)(1) of this
rule.
(D)
[Reserved.]
[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, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 05/28/1987, 12/08/1988, 12/30/1989, 09/02/1997, 10/20/1998, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 10/31/2015, 11/12/2018
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