reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-04 - Public notice of rules

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								 Not later than
			 thirty days prior to the date set for a public hearing to consider adopting,
			 amending, or rescinding a rule, public notice shall be published in the
			 register of Ohio in accordance with section
			 119.03 of the Revised Code and
			 in the Ohio EPA "Weekly Review." The public notice shall consist of a general
			 statement of the subject matter of the proposed rule, amendment, or rule to be
			 rescinded by the agency and the date, time, and place of the public meeting on
			 the proposed rule.
(B)
								 Not later than ten days prior to the effective date of
			 the adoption, amendment, or rescission of a rule, public notice shall be
			 published in the register of Ohio in accordance with the requirements in
			 section 119.03 of the Revised Code and
			 in the Ohio EPA "Weekly Review," except when the governor, pursuant to division
			 (F) of section 119.03 of the Revised Code,
			 declares an emergency allowing for the immediate adoption, amendment, or
			 rescission of a rule. In such case, the public notice shall be published as
			 expeditiously as practicable following the adoption, amendment, or rescission
			 of an emergency rule in the register of Ohio and in the Ohio EPA "Weekly
			 Review."
(C)
								 The agency may take such additional steps as
			 reasonable to inform interested persons of the time, date, and place of the
			 public meeting and the subject matter of the proposed rule. However, the
			 failure to give notice by any means other than specified in paragraphs (A) and
			 (B) of this rule shall not invalidate any action which may be taken by the
			 agency.
(D)
								 Copies of the full text of the rule that was proposed
			 to be adopted, amended, or rescinded shall be available prior to the effective
			 date of such rule for any person who wishes to obtain a copy from the agency.
			 However, the failure to furnish such copies to any person shall not invalidate
			 any action of the agency in connection therewith.
(E)
								 Any action that
			 adopts, amends, or rescinds a rule is not subject to rules
			 3745-49-05
			 to
			 3745-49-08
			 of the Administrative Code.
Replaces: 3745-49-01
Five Year Review (FYR) Dates:
				10/2/2018 and
				10/02/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 6111.041,
				6111.03,
				6109.04,
				3753.02,
				3752.03,
				3751.02,
				3746.04,
				3745.01,
				3734.74,
				3734.73,
				3734.72,
				3734.71,
				3734.70,
				3734.12,
				3734.021,
				3734.02,
				3714.02,
				3704.03
Rule
				Amplifies: 3704.08(A).
				3734.12(G),
				6111.05(B),
				6111.05(A),
				3751.04,
				3745.01
Prior
				Effective Dates: 02/16/1975, 08/24/1981, 11/09/1984, 12/01/2001,
				04/02/2012
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-05 - Draft actions and proposed actions

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 With respect to all actions of the agency that would require the agency to
			 afford an opportunity for an adjudication hearing in accordance with sections
			 119.06 and 119.07 of the Revised Code and Chapter 3745-47 of the Administrative
			 Code, the director shall prepare a proposed action.
(1) A proposed action shall be issued to the
			 person who is the subject of the proposed action by certified mail, return
			 receipt requested or another type of mail accompanied
			 by a receipt. Service shall be complete in accordance with section 119.07
			 of the Revised Code and the "Ohio Rules of Civil Procedure."
(2) All proposed actions, except amended
			 proposed actions, shall be accompanied by a notice that states when and how a
			 person may request an adjudication hearing in accordance with Chapter 3745-47
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-06 - Issuance of final actions

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 The director
			 shall not issue an action as a final action if an objection is received from
			 the United States environmental protection agency and applicable law prohibits
			 the issuance of a final action under such circumstances.
(B)
								 Except as
			 otherwise provided in paragraph (E)(1) or (E)(2) of rule
			 3745-49-05
			 of the Administrative Code, the director shall issue a draft action as the
			 director's final action on the effective date stated or, if no effective date
			 is included, on a date that shall not be sooner than either of the dates
			 specified in paragraph (C)(1)(b) of rule
			 3745-49-05
			 of the Administrative Code.
(C)
								 Unless an
			 adjudication proceeding has been initiated, the director shall issue the
			 proposed action as a final action on the effective date stated or after the
			 deadline for filing an adjudication request or an objection, whichever date is
			 later. After the initiation of an adjudication proceeding, the director shall
			 not issue a final action until the adjudication proceeding has been completed
			 in accordance with Chapter 3745-47 of the Administrative Code.
(D)
								 Mailing.
(1)
									 The agency shall
			 mail a copy of the final action to the following:
(a)
										 The person
			 subject thereto.
(b)
										 If the final action follows the completion of an
			 adjudication proceeding in accordance with Chapter 3745-47 of the
			 Administrative Code regarding a prior proposed action, all parties of record in
			 the adjudication proceeding.
(c)
										 If the final
			 action follows the completion of an adjudication proceeding in accordance with
			 Chapter 3745-47 of the Administrative Code regarding a prior proposed action,
			 all attorneys of record in the adjudication proceeding.
(d)
										 If the final
			 action dismisses a verified complaint, the complainant and the person
			 complained against.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-07 - Public notice

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The agency shall give public notice for the following:
(1) Draft actions and proposed actions,
			 except amended draft actions and amended proposed actions. The agency may give
			 public notice of amended draft actions and amended proposed actions.
(2) Final actions, except final actions
			 preceded by proposed actions, unless the agency determines that the final
			 action differs from the proposed action in a manner that affects the rights or
			 duties of any person.
(3)
			 Withdrawals of actions.
(4) Public
			 meetings.
(5) Verified complaints
			 received.
(6) The adoption,
			 amendment, or rescission of a rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-08 - Contents of public notices

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 Public notices
			 of actions shall include the following:
(1)
									 The name of the
			 agency.
(2)
									 The address and telephone number of the locations
			 where agency files and records pertaining to the action are located and may be
			 inspected and copied.
(3)
									 Instructions for persons desiring to obtain additional
			 information, a copy of any fact sheet prepared, or a copy of the action.
(4)
									
			 Instructions to persons desiring to be included on the mailing list provided
			 for in section 3745.07 of the Revised
			 Code.
(5)
									 The name and address of the person to whom the action
			 was issued.
(6)
									 A brief description of the activities or operations
			 that are the subject of the action.
(7)
									 The location of
			 the source, facility, or subject of the action, including a street address if
			 one is known.
(8)
									 A statement summarizing the action.
(9)
									 The date of
			 issuance of the action.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-09 - Fact sheets

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 In all instances where a federal statute or rule requires a fact sheet to be
			 prepared, the agency shall, prior to issuance of an action, prepare a fact
			 sheet. The fact sheet shall include such information as may be required by
			 federal statute or rule and may include such additional information as the
			 agency deems desirable.
(B) The
			 agency maintains a mailing list of persons or groups
			 requesting fact sheets prepared for any specified application for issuance or
			 renewal of a permit under division (J) of section 6111.03 of the Revised Code
			 and notice of further proceedings relating to such application, copies of
			 additional fact sheets prepared, or other information relating to such
			 application. The agency shall add any person or group to any such list upon
			 receipt from the person or group of a request for inclusion thereon specifying
			 the application or proceedings about which notices, additional fact sheets, or
			 other information is desired.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-10 - Notice of water permit applications to government agencies

Current through all regulations passed and filed through July 1,
			 2024
(A)
								 Any action, other than a final action, that would
			 issue or renew a permit to discharge sewage, industrial waste, or other wastes
			 to waters of the state under division (J) of section
			 6111.03 of the Revised Code
			 shall be provided to the following entities having jurisdiction over waters
			 that may be affected by the discharge:
(1)
									 Any agency
			 responsible for an areawide waste treatment management plan pursuant to
			 division (B) of section 208 of the Federal Water Pollution Control Act,
			 33 USC
			 1251, et seq. (July 1, 2005).
(2)
									 Any
			 agency responsible for the preparation of a plan pursuant to an approved
			 continuing planning process under division (E) of section 303 of the Federal
			 Water Pollution Control Act,
			 33 USC
			 1251, et seq. (July 1, 2005).
(3)
									
			 Public health agencies for the purpose of assisting the applicant in
			 coordinating the applicable requirements of the Federal Water Pollution Control
			 Act,
			 33 USC
			 1251, et seq. (July 1, 2005) with any
			 applicable health requirements of such public health agencies.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-11 - Coordination of Federal Water Pollution Control Act permit program with agencies of the United States

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 Upon the director's issuance of a draft action or proposed action on an
			 application to issue, modify, or renew a permit to discharge sewage, industrial
			 waste, or other wastes to waters of the state under division (J) of section
			 6111.03 of the Revised Code, the agency shall transmit
			  a copy of the permit to
			 the regional administrator of the United States environmental protection
			 agency, unless by written agreement the regional administrator has waived the
			 right to receive, review, object to, or comment upon such draft action or
			 proposed action. If the regional administrator makes timely objection in
			 writing to the issuance of such permit as being outside the requirements of the
			 Federal Water Pollution Control Act, the permit shall not be issued as a final
			 action. The director may issue an amended draft action or amended proposed
			 action after consideration of written comments or recommendations of the
			 regional administrator, or may withdraw a draft action or proposed action if
			 permitted by rule 3745-49-05 of the Administrative Code.
(B) Immediately following final issuance,
			 modification, or renewal of a permit to discharge sewage, industrial waste, or
			 other wastes to waters of the state under division (J) of section 6111.03 of
			 the Revised Code, the agency shall transmit  a copy  to the
			 regional administrator of the United States environmental protection
			 agency.
(C) At the time of public
			 notice of an application for issuance, modification, or renewal of a permit to
			 discharge sewage, industrial waste, or other wastes to waters of the state
			 pursuant to division (J) of section 6111.03 of the Revised Code, for a
			 discharge for which a fact sheet is prepared pursuant to rule 3745-49-09 of the
			 Administrative Code, the agency shall transmit a copy of the fact sheet to the
			 district engineer of the United States army corps of engineers, for the
			 district in which the discharge is located, unless by written agreement such
			 district engineer has waived the right to receive a fact sheet for such
			 discharge.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-12 - Filing of verified complaints

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 Filing a
			 verified complaint.
(1)
									 An officer of an agency of the state of Ohio or of a
			 political subdivision in Ohio, acting in a representative capacity, may file a
			 verified complaint with the director in accordance with section
			 3745.08 of the Revised Code and
			 paragraphs (B), (C), and (D) of this rule.
(2)
									 A person who is
			 or will be aggrieved or adversely affected by a violation that has occurred, is
			 occurring, or will occur may file a verified complaint with the director that
			 meets the requirements of section
			 3745.08 of the Revised Code and
			 paragraphs (B), (C), and (D) of this rule provided that the alleged violation
			 has caused, or will cause, the complainant an injury (e.g., physical or
			 economic) that is actual and immediate.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-13 - Public meetings

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								 Not later than
			 thirty days after public notice or such longer period as the agency may specify
			 in the public notice of a draft action or proposed action, any person may file
			 a request for a public meeting. This paragraph does not apply to an amended
			 draft action or an amended proposed action.
(B)
								 If the director
			 determines that there is significant public interest in a draft action or
			 proposed action, or if required to do so by statute or rule, the director shall
			 hold a public meeting in the county where the source, facility, or subject of
			 the draft action or proposed action is located, or in a contiguous county. In
			 the consideration of an application for issuance, modification, revision, or
			 renewal of a permit or variance, the director may hold a public meeting prior
			 to issuance of a draft action or proposed action.
(C)
								 The director may
			 appoint a hearing examiner or other presiding officer to conduct a public
			 meeting. On the date and at the time and place specified in the notice, the
			 public meeting shall be held, and any person may do any the following:
(1)
									 Appear and be
			 heard in person or by a representative, or both.
(2)
									 Present
			 statements orally or in writing, or both.
(3)
									 At the
			 discretion of the presiding officer, question persons who present statements at
			 the meeting.
Replaces: 3745-47-12
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-49 - Miscellaneous Rules › Section 3745-49-14 - Director's journal

Current through all regulations passed and
			 filed through July 1, 2024
The agency shall maintain a journal in
				which all final actions of the director shall be entered.
Replaces: 3745-47-27
Five Year Review (FYR) Dates:
				10/2/2018 and
				10/02/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 6111.041,
				6111.03,
				6109.04,
				3753.02,
				3752.03,
				3751.02,
				3746.04,
				3745.01,
				3734.74,
				3734.73,
				3734.72,
				3734.71,
				3734.70,
				3734.12,
				3734.021,
				3734.02,
				3714.02,
				3704.03
Rule
				Amplifies: 3745.07
Prior
				Effective Dates: 07/05/1973, 06/30/1981,
				04/02/2012
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-01 - General information

Current through all regulations passed and
			 filed through July 1, 2024
Chapter 3745-50 of the Administrative Code provides definitions
				, general standards, permit
				information, and overview information applicable to Chapters 3745-50 to
				3745-69, 3745-205, 3745-256, 3745-266, 3745-270, 3745-273, and 3745-279 of the
				Administrative Code.
Effective: 3/24/2017
Five Year
				Review (FYR) Dates: 11/29/2016 and
				11/29/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3734.12
Rule
				Amplifies: 3734.12
Prior
				Effective Dates: 04/15/1981, 08/26/1981 (Emer.), 12/02/1981,
				12/07/2004
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-02 - Business confidentiality - hazardous waste management

Current
			 through all regulations passed and filed through July 1,
			 2024
(A)
								Any information provided to Ohio EPA under 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 may be
			 made available to the public to the extent and in the manner authorized by rule
			 3745-49-03 of the
			 Administrative Code.
(B)
								Except as provided under paragraphs (C) and (D) of this
			 rule, any person who submits information to Ohio EPA in accordance with
			 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
			 may assert a claim of trade secret confidentiality covering all or part of that
			 information by following the procedures provided in rule
			 3745-49-03 of the
			 Administrative Code. Information covered by such a claim may be disclosed by
			 Ohio EPA only to the extent, and by means of the procedures, provided in rule
			 3745-49-03 of the
			 Administrative Code.
(C)
								Hazardous waste manifests.
(1)
									After August 6,
			 2014, no claim of business confidentiality may be asserted by any person with
			 respect to information that may be prepared and used under
			 40 C.F.R.
			 262.20(a)(3) or paragraph
			 (A)(3) of rule
			 3745-52-20
			 of the Administrative Code that is provided via any of the following
			 means:
(a)
										A
			 hazardous waste manifest (U.S. EPA form 8700-22).
(b)
										A hazardous waste
			 manifest continuation sheet (U.S. EPA form 8700-22A).
(c)
										An electronic
			 manifest format.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-03 - Use of number and gender

Current through all regulations passed and filed
			 through July 1, 2024
As used in the hazardous waste rules:
(A) Words in the masculine gender also
			 include the feminine and neuter genders; and
(B)
			 Words in the singular include the plural; and
(C) Words in the plural include the
			 singular.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-04 - Manifest copy submittal requirements for certain interstate waste shipments

Current through all regulations passed and filed through July 1,
			 2024
In any case in which the state in which
				waste is generated, or the state in which waste will be transported to a
				designated facility, requires that the waste be regulated as a hazardous waste
				or otherwise be tracked through a hazardous waste manifest, the designated
				facility that receives the waste shall do all of the following, regardless of
				the state in which the facility is located:
(A)
								Complete the
			 facility portion of the applicable manifest.
(B)
								Sign and date the
			 facility certification.
(C)
								Submit to the e-manifest system a final copy of the
			 manifest for data processing purposes.
(D)
								Pay the
			 appropriate per manifest fee to U.S. EPA for each manifest submitted to the
			 e-manifest system, subject to the fee determination methodology, payment
			 methods, dispute procedures, sanctions, and other fee requirements specified in
			 40 C.F.R. Part 264 subpart FF.
[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."]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-05 - Applicability - electronic manifest system and user fee requirements to facilities that receive state-only regulated waste shipments

Current
			 through all regulations passed and filed through July 1,
			 2024
(A)
								For purposes of this rule, "state-only regulated waste"
			 means either of the following:
(1)
									A non-RCRA waste that a state regulates more broadly
			 under the state's regulatory program.
(2)
									A RCRA hazardous
			 waste that is federally exempt from manifest requirements, but not exempt from
			 manifest requirements under state law.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-11 - Incorporated by reference

Current through all regulations passed
			 and filed through July 1, 2024
When used in the hazardous waste rules, the following text or
				other materials are incorporated by reference. All references cited in this
				rule are those that existed and were available on 
								July 1,
				2022 unless a different edition or version date is specified in this
				rule.
(A) Code of Federal Regulations
			 (CFR) references. These regulations can generally be found in public libraries,
			 electronically at
http://www.ecfr.gov
,
			 or can be purchased from "U.S. Government Printing, Superintendent of
			 Documents, Mail Stop SSOP, Washington DC" 20402-9328. The regulations listed in
			 this rule are those published in the 
								July 1, 2022 CFR.
(1)
									10 CFR Parts
			 1,
			 20,
			 61, and
			 71.
(2) 16 CFR Part 1115.
(3)
									21 CFR Parts
			 7,
			 203,
			 312, and
			 1308.
(4) 29 CFR Part 1910.
(5)
									33 CFR Parts
			 153,
			 336, and
			 337.
(6)
									40 CFR Parts
			 3,
			 51, and
			 52.
(7)
									40 CFR Parts
			 60,
			 61,
			 62, and
			 63, except as otherwise
			 specifically described in the hazardous waste rules.
(8)
									40 CFR Parts
			 112,
			 122,
			 124,
			 144,
			 146, and
			 148.
(9)
									40 CFR Parts
			 232,
			 257, and
			 258.
(10)
									40 CFR Parts
			 260 to
			 279.
(11)
									40 CFR Parts
			 302,
			 403, and
			 761.
(12)
									49 CFR Parts
			 100 to
			 185.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-15 - Non-waste determinations

Current through all regulations passed
			 and filed through July 1, 2024
(A)
								An applicant may
			 apply to the director for a formal determination that a hazardous secondary
			 material is not discarded and therefore not a waste. The determinations will be
			 based on the criteria contained in paragraph (B) or (C) of this rule, as
			 applicable. If an application is denied, the hazardous secondary material might
			 still be eligible for a waste variance or exclusion (for example, one of the
			 waste variances under rule
			 3745-50-24 of the Administrative
			 Code). Determinations also may be granted by Ohio EPA if the following
			 conditions are met:
(1)
									Ohio EPA determines the hazardous secondary material
			 meets the criteria in paragraph (B) or (C) of this rule, as
			 applicable;
(2)
									Ohio EPA requests that U.S. EPA review Ohio EPA's
			 determination; and
(3)
									U.S. EPA approves Ohio EPA's
			 determination.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-16 - Notification requirement for hazardous secondary materials

Current
			 through all regulations passed and filed through July 1,
			 2024
(A)
								Facilities managing hazardous secondary materials under
			 rule 3745-50-23 and paragraph
			 (A)(23), (A)(24), (A)(25), or (A)(27) of rule
			 3745-51-04 of the Administrative
			 Code shall send a notification prior to operating under the rule and by March
			 first of each even-numbered year thereafter to the director using Ohio EPA form
			 9029 that includes the following information:
(1)
									The name,
			 address, and U.S. EPA identification number (if applicable) of the
			 facility;
(2)
									The name and telephone number of a contact
			 person;
(3)
									The "North American Industry Classification Systems"
			 (NAICS) code of the facility;
(4)
									The rule under
			 which the hazardous secondary materials will be managed;
(5)
									For reclaimers
			 and intermediate facilities managing hazardous secondary materials in
			 accordance with paragraph (A)(24) or (A)(25) of rule
			 3745-51-04 of the Administrative
			 Code, whether the reclaimer or intermediate facility has financial assurance
			 (not applicable for persons managing hazardous secondary materials generated
			 and reclaimed under the control of the generator);
(6)
									When the facility
			 began or expects to begin managing the hazardous secondary materials in
			 accordance with the rule;
(7)
									A list of hazardous secondary materials that will be
			 managed according to the rule (reported as the U.S. EPA hazardous waste numbers
			 that would apply if the hazardous secondary materials were managed as hazardous
			 wastes);
(8)
									For each hazardous secondary material, whether the
			 hazardous secondary material, or any portion thereof, will be managed in a
			 land-based unit;
(9)
									The quantity of each hazardous secondary material to be
			 managed annually; and
(10)
									The certification (included in Ohio EPA form 9029)
			 signed and dated by an authorized representative of the
			 facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-17 - Legitimate recycling of hazardous secondary materials

Current
			 through all regulations passed and filed through July 1,
			 2024
(A)
								Recycling of hazardous secondary materials for the
			 purpose of the exclusions or exemptions from the hazardous waste rules shall be
			 legitimate. Hazardous secondary material that is not legitimately recycled is
			 discarded material and is a waste. In determining if the hazardous secondary
			 materials recycling is legitimate, persons shall address all the requirements
			 of this paragraph and shall consider the requirements of paragraph (B) of this
			 rule.
(1)
									Legitimate recycling shall involve a hazardous secondary
			 material that provides a useful contribution to the recycling process or to a
			 product or intermediate of the recycling process. The hazardous secondary
			 material provides a useful contribution if the material:
(a)
										Contributes
			 valuable ingredients to a product or intermediate; or
(b)
										Replaces a
			 catalyst or carrier in the recycling process; or
(c)
										Is the source of
			 a valuable constituent recovered in the recycling process; or
(d)
										Is recovered or
			 regenerated by the recycling process; or
(e)
										Is used as an
			 effective substitute for a commercial product.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-19 - Petitions to amend rules 3745-51-30 to 3745-51-35 of the Administrative Code to exclude a waste generated at a particular facility

Current
			 through all regulations passed and filed through July 1,
			 2024
(A) Any person
			 seeking to exclude a waste at a particular generating facility from the lists
			 in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code may petition U.S. EPA for a regulatory amendment
			 pursuant to
			 40
			 CFR 260.22.
(B) Ohio EPA will recognize U.S. EPA's
			 decision pursuant to
			 40
			 CFR 260.22
								 to grant or deny a petition
			 for an exclusion of a waste at a particular generating facility
			 .
[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."]
Effective: 3/24/2017
Five Year
				Review (FYR) Dates: 11/29/2016 and
				11/29/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3734.12
Rule
				Amplifies: 3734.12
Prior
				Effective Dates: 12/30/1989, 09/02/1997, 12/07/2004,
				09/05/2010
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-20 - Petitions to amend Chapter 3745-273 of the Administrative Code to include additional hazardous wastes

Current through all regulations
			 passed and filed through July 1, 2024
(A) Any person seeking to add a hazardous
			 waste or a category of hazardous waste to the universal waste rules of Chapter
			 3745-273 of the Administrative Code may petition for an amendment under this
			 rule and rules
			 3745-273-80
			 to
			 3745-273-81
			 of the Administrative Code.
(B) To
			 be successful, the petitioner shall demonstrate all of the following to the
			 satisfaction of the director that regulation under Chapter 3745-273 of the
			 Administrative Code:
(1) Is appropriate for
			 the waste or category of waste.
(2)
			 Will improve management practices for the waste or category of waste.
(3) Will improve implementation of the
			 hazardous waste program.
(4) The
			 petition shall include all of the following :
(a)
			 The petitioner's name and address.
(b) A statement of the petitioner's interest
			 in the  petition.
(c) A description of the
			  petition, including
			 suggested regulatory language.
(d)
			 A statement of the need and justification for the  petition, including any supporting
			 tests, studies, or other information.
(5) The petition should also address as many
			 of the factors listed in rule
			 3745-273-81
			 of the Administrative Code as are appropriate for the waste or category of
			 waste addressed in the petition.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-21 - Draft permits

Current through all regulations passed and
			 filed through July 1, 2024
(A) Upon receipt of a complete application,
			 the director shall decide whether to prepare a draft permit or issue a notice
			 of intent to deny the permit application for "Class 3" modifications, new
			 facility permits, or renewal permits.
(B)
								[Reserved.]
(C) If the director tentatively decides to
			 deny a new facility permit application, "Class 3"
			 modification application, or renewal application,
			 the director shall issue a notice of intent to deny. A notice of intent to deny
			 the new facility or renewal permit application or the "Class 3" modification
			 application is a type of draft permit which follows the same procedures as any
			 draft permit prepared under this rule. If the director subsequently decides
			 that the tentative decision to deny the new facility or renewal permit
			 application or the "Class 3" modification application was incorrect, the
			 director shall withdraw the notice of intent to deny and prepare a draft permit
			 under paragraph (D) of this rule.
(D) If the director decides to prepare a
			 draft permit, the director shall prepare a draft permit that contains the
			 following information to the extent applicable:
(1) All conditions under rule
			 3745-50-58
			 of the Administrative Code.
(2) All
			 compliance schedules under rule
			 3745-50-50
			 of the Administrative Code.
(3) All
			 monitoring requirements under rule
			 3745-50-48
			 of the Administrative Code.
(4)
			 Standards for treatment, storage, or disposal and other permit conditions under
			 rule
			 3745-50-58
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-22 - Fact sheet

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 A fact sheet must be prepared for every draft permit for a major facility and
			 for every draft permit which the director finds is the subject of widespread
			 public interest or raises major issues. The fact sheet must briefly set forth
			 the principal facts and the significant factual, legal, methodological and
			 policy questions considered in preparing the draft permit. The director must
			 send this fact sheet to the applicant and, on request, to any other
			 person.
(B) The fact sheet must
			 include when applicable:
(1) A brief
			 description of the type of facility or activity which is the subject of the
			 draft permit;
(2) The type and
			 quantity of wastes which are proposed to be or are being treated, stored,
			 disposed of or injected;
(3) A
			 brief summary of the basis for the draft permit conditions including references
			 to applicable statutory or regulatory provisions;
(4) Reasons why any requested variances or
			 alternatives to required standards do or do not appear justified:
(5) A description of the procedures for
			 reaching a final decision on the draft permit including:
(a) The beginning and ending dates of the
			 comment period and the address where comments will be received or if
			 appropriate the address where such information can be obtained;
(b) Procedures for requesting a hearing and
			 the nature of that hearing or if appropriate the address where such information
			 can be obtained; and
(c) Any other
			 procedures by which the public may participate in the final decision.
(6) Name and telephone
			 number of a person to contact for additional information.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-22.1 - Petitions to amend rules 3745-51-30 to 3745-51-35 of the Administrative Code to exclude a waste produced at a particular facility. [Rescinded]

Current through all regulations passed and filed through July 1,
			 2024
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-23 - Non-waste determinations and variances from classification as a waste

Current through all regulations passed and filed through July 1,
			 2024
In accordance with the standards and
				criteria in rules
				3745-50-24 and
				3745-50-15 of the Administrative Code and the
				procedures in rule 3745-50-26 of the Administrative Code, the director
				may determine on a case-by-case basis that any of the following recycled
				materials are not wastes:
(A)
			 Materials that are "accumulated speculatively" without sufficient amounts being
			 "recycled";
(B) Materials that are "reclaimed"
			 and then "reused" within the original production process in which the materials
			 were generated;
(C)
			 Materials that have been reclaimed but require further reclamation before the
			 materials are completely recovered;
(D)
								Hazardous secondary materials that are reclaimed in a
			 continuous industrial process; and
(E)
								Hazardous
			 secondary materials that are indistinguishable in all relevant aspects from a
			 product or intermediate.
[Comment: The terms "accumulated speculatively," "recycled,"
				"reclaimed," and "reused" are defined in rule
				3745-51-01 of the Administrative
				Code.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-24 - Standards and criteria for variances from classification as a waste

Current through all regulations passed and filed through July 1,
			 2024
(A) The director
			 may grant requests for a variance from classifying as a waste those materials
			 that are accumulated speculatively without sufficient amounts being recycled if
			 the applicant demonstrates that sufficient amounts of the material will be
			 recycled or transferred for recycling in the following year. If a variance is
			 granted, it is valid only for the following year, but can be renewed, on an
			 annual basis, by filing a new application. The director's decision will be
			 based on the following criteria:
(1) The
			 manner in which the material is expected to be recycled, when the material is
			 expected to be recycled, and whether this expected disposition is likely to
			 occur (for example, because of past practice, market factors, the nature of the
			 material, or contractual arrangements for recycling);
(2) The reason that the applicant has
			 accumulated the material for one or more years without recycling seventy-five
			 per cent of the volume accumulated at the beginning of the year;
(3) The quantity of material already
			 accumulated and the quantity expected to be generated and accumulated before
			 the material is recycled;
(4) The
			 extent to which the material is handled to minimize loss; and
(5) Other relevant factors.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-25 - Variance to be classified as a boiler

Current through all
			 regulations passed and filed through July 1, 2024
In accordance with the standards and criteria in rule
				3745-50-10
				of the Administrative Code(definition of "boiler"), and the procedures in rule
				3745-50-26
				of the Administrative Code, the director may determine on a case-by-case basis
				that certain enclosed devices using controlled flame combustion are boilers,
				even though they do not otherwise meet the definition of boiler contained in
				rule
				3745-50-10
				of the Administrative Code, after considering the following criteria:
(A) The extent to which the unit has
			 provisions for recovering and exporting thermal energy in the form of steam,
			 heated fluids, or heated gases;
(B)
			 The extent to which the combustion chamber and energy recovery equipment are of
			 integral design;
(C) The efficiency
			 of energy recovery, calculated in terms of the recovered energy compared with
			 the thermal value of the fuel;
(D)
			 The extent to which exported energy is utilized;
(E) The extent to which the device is in
			 common and customary use as a "boiler," functioning primarily to produce steam,
			 heated fluids, or heated gases; and
(F) Other factors, as appropriate.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-26 - Procedures for variances from classification as a waste, for variances to be classified as a boiler, or for non-waste determinations

Current
			 through all regulations passed and filed through July 1,
			 2024
The director will use the following procedures in evaluating
				applications for variances from classification as a waste,
								 applications
				to classify particular enclosed controlled flame
				combustion devices as boilers, or applications for
				non-waste determinations:
(A)
			 The applicant 
								shall apply to the director for the variance
			 or non-waste determination. The application
			 
								shall
			 address the relevant criteria  in
			 rule 3745-50-15, 3745-50-24, or 3745-50-25 of the Administrative Code.
(B) The director will evaluate the
			 application and issue a draft notice tentatively granting or denying the
			 application. Notification of this tentative decision will be provided by
			 newspaper advertisement or radio broadcast in the locality where the recycler
			 is located. The director will accept comment on the tentative decision for
			 thirty days, and may also hold a public hearing upon request or at
			 
								the
			 director's discretion. The director will issue a final decision after
			 receipt and consideration of comments and after the hearing, (if
			 any).
(C)
								In the event of a change in circumstances that affect how a
			 hazardous secondary material meets the relevant criteria in rule
			 3745-50-15,
			 3745-50-24, or
			 3745-50-25 of the Administrative
			 Code upon which a variance or non-waste determination has been based, the
			 applicant shall send a description of the change in circumstances to the
			 director. The director may issue a determination that the hazardous secondary
			 material continues to meet the relevant criteria of the variance or non-waste
			 determination or may require the facility to re-apply for the variance or
			 non-waste determination.
(D)
								Variances and non-waste determinations shall be
			 effective for a fixed term not to exceed ten years. No later than six months
			 prior to the end of this term, facilities shall re-apply for a variance or
			 non-waste determination. If a facility re-applies for a variance or non-waste
			 determination within six months, the facility may continue to operate under an
			 expired variance or non-waste determination until receiving a decision from the
			 director on the facility's re-application.
(E)
								Facilities
			 receiving a variance or non-waste determination shall provide notification, as
			 required by rule
			 3745-50-16 of the Administrative
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-27 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The director may decide on a case-by-case basis that persons accumulating or
			 storing the recyclable materials described in paragraph
			 (A)(2)(c) of rule
			 3745-51-06
			 of the Administrative Code should be regulated under paragraphs (B) and (C) of
			 rule
			 3745-51-06
			 of the Administrative Code. The basis for this decision is that the materials
			 are being accumulated or stored in a manner that does not protect human health
			 and the environment because the materials or their toxic constituents have not
			 been adequately contained, or because the
			 materials being accumulated or stored together are incompatible. In making this
			 decision, the director will consider the following factors:
(1) The types of materials accumulated or
			 stored and the amounts accumulated or stored;
(2) The method of accumulation or storage;
(3) The length of time the
			 materials have been accumulated or stored before being reclaimed;
(4) Whether any contaminants are being
			 released into the environment, or are likely to be so released; and
(5) Other relevant factors.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-28 - Procedures for case-by-case regulation of hazardous waste recycling activities

Current through all regulations passed and
			 filed through July 1, 2024
The director will use the following procedures when determining
				whether to regulate hazardous waste recycling activities described in paragraph
				(A)(2)(c) of rule
				3745-51-06
				of the Administrative Code (precious metal recycling) under paragraphs (B) and
				(C) of rule
				3745-51-06
				of the Administrative Code, rather than under rule
				3745-266-70
				of the Administrative Code.
(A) If a
			 generator is accumulating the waste, the director will issue a notice setting
			 forth the factual basis for the decision and stating that the person shall
			 comply with the applicable requirements for generators of hazardous waste in
			 rules 3745-52-01 to 3745-52-18,
			 3745-52-30 to 3745-52-35 and, 3745-52-40 to 3745-52-44 of the Administrative Code. The
			 notice will become final within thirty days, unless the person served requests
			 a public hearing to challenge the decision. Upon receiving such a request, the
			 director will hold a public hearing. The director will provide notice of the
			 hearing to the public and allow public comment at the hearing. The director
			 will issue a final order after the hearing stating whether or not compliance
			 with Chapter 3745-52 of the Administrative Code is required. The order becomes
			 effective thirty days after the decision unless the director specifies a later
			 date. The order may be appealed to the environmental review appeals commission
			 by any person who participated in the public hearing.
(B) If the person is accumulating the
			 recyclable material as a storage facility, the notice will state that the
			 person shall obtain a permit in accordance with all applicable provisions
			 of Chapter 3745-50 of the Administrative Code and
			 Chapter 3734. of the Revised Code. The owner or operator of the facility shall
			 apply for a permit within no less than sixty days and no more than six months
			 after notice, as specified in the notice. If the owner or operator of the
			 facility wishes to challenge the director's decision, the owner or operator may
			 do so in the owner's or operator's permit application, in a public hearing held
			 on the draft permit, or in comments filed on the draft permit or on the notice
			 of intent to deny the permit. The fact sheet accompanying the permit will
			 specify the reason for Ohio EPA's determination. The question of whether the
			 director's decision was proper will remain open for consideration during the
			 public comment period for the draft permit.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-30 - Trade secrets- confidentiality of information

Current
			 through all regulations passed and filed through July 1,
			 2024
(A)
								 Any record, report, or other information obtained
			 under Chapter 3734. of the Revised Code or the "hazardous waste rules" as
			 defined in rule
			 3745-50-10
			 of the Administrative Code may be claimed as confidential by the submitter
			 pursuant to a trade secrets claim under rule
			 3745-49-03 of the
			 Administrative Code or section
			 149.43 of the Revised
			 Code.
(B)
								 Claims of confidentiality for the name and address of
			 any permit applicant or permittee will be denied.
Replaces: 3745-50-30