Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-11 - Criteria for listing hazardous waste

Current through all
			 regulations passed and filed through July 1, 2024
(A) The director shall list a
			 waste as a hazardous waste only upon determining that the waste meets one of
			 the following criteria:
(1) The waste
			 exhibits any of the characteristics of hazardous waste identified in rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code.
(2) The
			 waste has been found to be fatal to humans in low doses or, in the absence of
			 data on human toxicity, the waste has been shown in studies to have an oral
			 LD50 toxicity (rat) of less than fifty milligrams per kilogram, an inhalation
			 LC50 toxicity (rat) of less than two milligrams per liter, or a dermal LD50
			 toxicity (rabbit) of less than two hundred milligrams per kilogram or is
			 otherwise capable of causing or significantly contributing to an increase in
			 serious irreversible, or incapacitating reversible illness. (Wastes listed in
			 accordance with these criteria shall be designated acute hazardous wastes.)
[Comment: As used in this paragraph, LD (lethal dosage) and LC
				(lethal concentration) are standard measures of toxicity. A LD50 dosage, and a
				LC50 concentration, are fatal to fifty per cent of the test
				subjects.]
(3) The waste
			 contains any of the toxic constituents listed in the appendix to this rule and,
			 after considering the following factors, the director concludes that the waste
			 is capable of posing a substantial present or potential hazard to human health
			 or the environment when improperly treated, stored, transported, disposed of,
			 or otherwise managed:
(a) The nature of the
			 toxicity presented by the constituent.
(b) The concentration of the constituent in
			 the waste.
(c) The potential of the
			 constituent or any toxic degradation product of the constituent to migrate from
			 the waste into the environment under the types of improper management
			 considered in paragraph (A)(3)(g) of this rule.
(d) The persistence of the constituent or any
			 toxic degradation product of the constituent.
(e) The potential for the constituent or any
			 toxic degradation product of the constituent to degrade into nonharmful
			 constituents and the rate of degradation.
(f) The degree to which the constituent or
			 any degradation product of the constituent bioaccumulates in
			 ecosystems.
(g) The plausible types
			 of improper management to which the waste could be subjected.
(h) The quantities of the waste generated at
			 individual generation sites or on a regional or national basis.
(i) The nature and severity of the human
			 health and environmental damage that has occurred as a result of the improper
			 management of wastes containing the constituent.
(j) Action taken by other governmental
			 agencies or regulatory programs based on the health or environmental hazard
			 posed by the waste or waste constituent.
(k) Such other factors as may be appropriate.
			 Substances shall be listed in the appendix to this rule only if
			 those substances have been shown in scientific studies to have toxic,
			 carcinogenic, mutagenic or teratogenic effects on humans or other life forms.
			 (Wastes listed in accordance with these criteria shall be
			 designated toxic wastes.)