(A) Chapter 3745-53 of the Administrative
Code establishes standards which apply to persons transporting hazardous waste
within the state of Ohio if the transportation requires a hazardous waste
manifest under Chapter 3745-52 of the Administrative Code.
(B) Chapter 3745-53 of the Administrative
Code does not apply to on-site transportation of hazardous waste by generators
or by owners or operators of permitted hazardous waste
management facilities.
(C) A transporter of hazardous waste also
shall comply with Chapter 3745-52 of the Administrative Code
,
if the transporter does either of the following:
(1) Transports hazardous waste into the state
of Ohio from a foreign country.
(2)
Mixes hazardous wastes of different United States department of transportation
shipping descriptions by placing the hazardous wastes into a single
container.
(D) A
transporter of hazardous waste that is being imported or exported
to any other country for purposes of recovery
or disposal is subject to rules
3745-53-10 to
3745-53-12 of the Administrative
Code and to all relevant requirements of
rule
3745-52-80 of the Administrative
Code and 40
CFR
C.F.R. Part 262 subpart H, including, but not limited
to, 40
CFR
C.F.R.262.83(d) and 262.84(d) for movement documents.
[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 United
States is solely regulated by the federal government.]
(E) Chapter 3745-53 of the Administrative
Code does not apply to transportation during an explosives or munitions
emergency response, conducted in accordance with paragraph (G)(8)(a)(iv) or
(G)(8)(d) of rule
3745-54-01 of the Administrative
Code or paragraph (C)(11)(a)(iv) or (C)(11)(d) of rule
3745-65-01 of the Administrative
Code and paragraph (D)(1)(d) or (D)(3) of rule
3745-50-45 of the Administrative
Code.
(F) Rule
3745-266-203 of the
Administrative Code identifies how Chapter 3745-53 of the Administrative Code
applies to military munitions classified as waste under rule
3745-266-202 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
Ohio Admin. Code
3745-53-10
Effective:
10/5/2020
Five Year Review (FYR) Dates:
7/13/2020 and Exempt
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, 01/07/1983, 02/11/1992, 12/07/2004, 03/17/2012,
02/12/2018
