Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-52 - Generator Standards › Section 3745-52-11 - Hazardous waste determination and recordkeeping

Current through all regulations passed and filed
			 through July 1, 2024
A person who generates a "waste" (as defined in rule
				3745-51-02 of
				the Administrative Code) shall make an 
								accurate
				determination as to whether that waste is a hazardous waste in order to ensure
				wastes are properly managed according to all applicable hazardous waste rules.
				A hazardous waste determination is made using the following steps:
(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 
								CFR 260.20 and 40 
								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.
(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 
									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 
									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.