Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-06 - Requirements for recyclable materials

Current through all
			 regulations passed and filed through July 1, 2024
(A)
(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 Chapters 3745-50 and 3745-270 of the Administrative
			 Code:
(a) Recyclable materials used in a
			 manner 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 Part 262 subpart H:
(i) A person who initiates a shipment for
			 reclamation in a foreign country shall comply with 40 CFR 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 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 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 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 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)
(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
			 
											as 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,
			 
											as 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, 
											as 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 rubber-like material) that exhibit a
			 characteristic of hazardous waste or are otherwise contaminated with hazardous
			 waste as 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 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 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 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 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 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 that contain free flowing used oil are subject
				to Chapter 3745-279 of the Administrative Code.
(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: In accordance with rule
				3745-52-11 of the Administrative
				Code, the operator of the on-site or off-site laundry or cleaning facility
				shall evaluate 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 Part
			 262 subpart H.