Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-273 - Management Standards for Universal Waste › Section 3745-273-81 - Factors for petitions to include other wastes under Chapter 3745-273 of the Administrative Code

Current through all regulations passed and filed through July 1, 2024
(A) The
			 waste or category of waste, as generated by a wide variety of generators, is
			 listed in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code, or, if not listed, a proportion of the waste stream
			 exhibits one or more characteristics of hazardous waste identified in rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code. [When a characteristic waste is added to Chapter
			 3745-273 of the Administrative Code by using a generic name to identify the
			 waste category (e.g., batteries), the definition of "universal waste" in
			 rules
			 3745-50-10
			 and
			 3745-273-09
			 of the Administrative Code shall be amended to include only the hazardous waste
			 portion of the waste category (e.g., hazardous waste batteries)]. Thus, only
			 the portion of the waste stream that does exhibit one or more characteristics
			 (i.e., is hazardous waste) is subject to Chapter 3745-273 of the Administrative
			 Code.
(B) The waste or category of
			 waste is not exclusive to a specific industry or group of industries, is
			 commonly generated by a wide variety of types of establishments (including, for
			 example, households, retail and commercial businesses, office complexes,
			 very small quantity generators, small businesses,
			 government organizations, as well as large industrial facilities).
(C) The waste or category of waste is
			 generated by a large number of generators (e.g., more than one thousand
			 nationally) and is frequently generated in relatively small quantities by each
			 generator.
(D)
			 Systems to be used to collect the waste or category of waste (including
			 packaging, marking, and labeling practices) would ensure close stewardship of
			 the waste.
(E) The
			 risk posed by the waste or category of waste during accumulation and transport
			 is relatively low compared to other hazardous wastes, and specific management
			 standards proposed or referenced by the petitioner (e.g., waste management
			 requirements appropriate to be added to rules
			 3745-273-13,
			 3745-273-33,
			 and
			 3745-273-52
			 of the Administrative Code; and applicable department of transportation
			 requirements in 49 CFR Parts 100 to 185 ) would be protective of human health
			 and the environment during accumulation and transport.
(F) Regulation of the waste or category of
			 waste under Chapter 3745-273 of the Administrative Code
			 increases the likelihood that the waste
			 is 
			 diverted from non-hazardous waste management systems (e.g., the municipal waste
			 stream, non-hazardous industrial or commercial waste stream, municipal sewer or
			 stormwater systems) to recycling, treatment, or disposal which are in
			 compliance with Chapter 3734. of the Revised Code.
(G) Regulation of the waste or category of
			 waste under Chapter 3745-273 of the Administrative Code will improve
			 implementation of and compliance with the hazardous waste regulatory
			 program.
(H) Such
			 other factors as may be appropriate.
[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".]