Ohio Admin. Code 3745-52-11 - Hazardous waste determination and recordkeeping
A person who generates a "waste" (as defined in rule
3745-51-02 of
the Administrative Code) shall make an accuarate
(A) The hazardous waste determination for
each waste shall be made at the point of waste generation, before any dilution,
mixing, or other alteration of the waste occurs, and at any time in the course
of the management of the waste that the waste has, or may have, changed the
waste's properties as a result of exposure to the environment or other factors
that may change the properties of the waste such that the waste classification
of the waste may change.
(B) A
person shall determine whether the waste is excluded from regulation under rule
3745-51-04 of the
Administrative Code.
(C) If the
waste is not excluded under rule
3745-51-04 of the
Administrative Code, the person shall then use knowledge of the waste to
determine whether the waste meets any of the listing descriptions under rules
3745-51-30
to
3745-51-35
of the Administrative Code. Acceptable knowledge that may be used in making an
accurate determination as to whether the waste is listed may include waste
origin, composition, the process producing the waste, feedstock, and other
reliable and relevant information. If the waste is listed, the person may file
a delisting petition under 40 C.F.R.
CFR 260.20 and 40 C.F.R.
CFR 260.22 to
demonstrate to the administrator that the waste from this particular site or
operation is not a hazardous waste.
(D) The person then shall determine whether
the waste exhibits one or more hazardous characteristics as identified in rules
3745-51-20
to
3745-51-24
of the Administrative Code by following the procedures in paragraph (D)(1) or
(D)(2) of this rule, or a combination of both, as
follows:
.
(1) The person shall apply knowledge of the
hazard characteristic of the waste in light of the materials or the processes
used to generate the waste. Acceptable knowledge may include process knowledge
(e.g., information about chemical feedstocks and other inputs to the production
process); knowledge of products, by-products, and intermediates produced by the
manufacturing process; chemical or physical characterization of wastes;
information on the chemical and physical properties of the chemicals used or
produced by the process or otherwise contained in the waste; testing that
illustrates the properties of the waste; or other reliable and relevant
information about the properties of the waste or the waste's constituents. A
test other than a test method provided in rules
3745-51-20
to
3745-51-24
of the Administrative Code, or an equivalent test method approved by the
administrator under 40 C.F.R.
CFR 260.21, may be used as part of a person's
knowledge to determine whether a waste exhibits a characteristic of hazardous
waste. However, such tests do not, by themselves, provide definitive results.
Persons testing the waste shall obtain a "representative sample" (as defined in
rule
3745-50-10
of the Administrative Code) of the waste for the testing.
(2) When available knowledge is inadequate to
make an accurate determination, the person shall test the waste according to
the applicable methods provided in rules
3745-51-20
to
3745-51-24
of the Administrative Code or according to an equivalent method approved by the
administrator under 40 C.F.R.
CFR 260.21 and in accordance with the following:
(a) Persons testing the waste shall obtain a
representative sample of the waste for the testing.
(b) Where a test method is specified in rules
3745-51-20
to
3745-51-24
of the Administrative Code, the results of the regulatory test, when properly
performed, are definitive for determining the regulatory status of the
waste.
(E) If
the waste is determined to be hazardous, the generator shall refer to Chapters
3745-51, 3745-54 to 3745-57, 3745-65 to 374-69, 3745-205, 3745-256, 3745-266,
3745-270, and 3745-273 of the Administrative Code for other possible exclusions
or restrictions pertaining to management of the specific waste.
(F) Recordkeeping for small quantity
generators and large quantity generators. A small quantity generator or large
quantity generator shall maintain records that support the hazardous waste
determinations, including records that identify whether a waste is a "hazardous
waste" (as defined in rule
3745-51-03
of the Administrative Code). Records shall be maintained for at least three
years after the date that the waste was last sent to on-site or off-site
treatment, storage, or disposal. These records shall comprise the generator's
knowledge of the waste and shall support the generator's determination, as
described in paragraphs (C) and (D) of this rule. The records shall include,
but are not limited to, the results of any tests, sampling, waste analyses, or
other determinations made in accordance with this rule; records
that document
documenting the tests, sampling, and analytical
methods used to demonstrate the validity and relevance of such tests; records
consulted in order to determine the process by which the waste was
generated;
,
the composition of the waste, and the properties
of the waste; and records which explain the knowledge basis for the generator's
determination, as described in paragraph (D)(1) of this rule. The periods of
record retention provided in this rule are extended automatically during the
course of any unresolved enforcement action regarding the regulated activity or
as requested by the director.
(G)
Identifying hazardous waste numbers for small quantity generators and large
quantity generators. If the waste is determined to be hazardous, small quantity
generators and large quantity generators shall identify all applicable EPA
hazardous waste numbers in rules
3745-51-20
to
3745-51-24
and
3745-51-30
to
3745-51-35
of the Administrative Code. Prior to shipping the waste off site, the generator
also shall mark the containers with all applicable EPA hazardous waste numbers
according to rule
3745-52-32 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: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 12/30/1989, 04/01/1990, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 03/09/2001, 03/13/2002, 12/07/2004, 05/13/2007, 09/05/2010, 03/17/2012, 02/05/2013, 03/24/2017, 10/05/2020
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