Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-51 - Identification and Listing of Hazardous Waste › Section 3745-51-03 - Definition of hazardous waste

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 A "waste," as defined in rule
			 3745-51-02 of
			 the Administrative Code, is a "hazardous waste" if:
(1) The waste is not excluded from regulation
			 as a hazardous waste under paragraph (B) of rule
			 3745-51-04 of the
			 Administrative Code; and
(2)
			 The waste meets any of the following criteria:
(a) The waste exhibits any of the
			 characteristics of hazardous waste identified in rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code. However, any mixture of a waste from the
			 extraction, beneficiation, and processing of ores and minerals excluded under
			 paragraph (B)(7) of rule
			 3745-51-04 of the
			 Administrative Code and any other waste exhibiting a characteristic of
			 hazardous waste under rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code is a hazardous waste only if such mixture exhibits a
			 characteristic that would not have been exhibited by the excluded waste alone
			 if such mixture had not occurred, or if such mixture continues to exhibit any
			 of the characteristics exhibited by the non-excluded wastes prior to mixture.
			 Further, for the purposes of applying the toxicity characteristic leaching
			 procedure to such mixtures, the mixture is also a hazardous waste if such
			 mixture exceeds the maximum concentration for any contaminant listed in the
			 table in rule
			 3745-51-24
			 of the Administrative Code that would not have been exceeded by the excluded
			 waste alone if the mixture had not occurred or if such mixture continues to
			 exceed the maximum concentration for any contaminant exceeded by the nonexempt
			 waste prior to mixture.
(b) The
			 waste is listed in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code and has not been excluded from the lists in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code under
			 40 CFR
			 260.20 and
			 40
			 CFR 260.22.
(c)
			 The waste is a mixture of waste and one or more hazardous wastes listed in
			 rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code and has not been excluded from paragraph (A)(2) of
			 this rule under
			 40 CFR
			 260.20 and
			 40
			 CFR 260.22, 
										paragraph (G) of this rule, or
			 
										paragraph (H) of this rule. However, the
			 following mixtures of wastes and hazardous wastes listed in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code are not hazardous wastes [except by application of
			 paragraph (A)(2)(a) or (A)(2)(b) of this rule] if the generator can demonstrate
			 that the mixture consists of wastewater, the discharge of which is subject to
			 regulation under either Section 402 or Section 307(b) of the Clean Water Act
			 (CWA) (including wastewater at facilities which have eliminated the discharge
			 of wastewater) and:
(i) One or more of the
			 following spent solvents listed in rule
			 3745-51-31
			 of the Administrative Code - carbon tetrachloride, tetrachloroethylene,
			 trichloroethylene or the scrubber water derived-from the combustion of these
			 spent solvents- provided that the maximum total weekly usage of these solvents
			 (other than the amounts that can be demonstrated not to be discharged to
			 wastewater) divided by the average weekly flow of wastewater into the headworks
			 of the facility's wastewater treatment or pretreatment system does not exceed
			 one part per million; or the total measured concentration of these solvents
			 entering the headworks of the facility's wastewater treatment system (at
			 facilities subject to regulation under the Clean Air Act (CAA) at 40 CFR Part
			 60, 40 CFR Part 61, or 40 CFR Part 63, or at facilities subject to an
			 enforceable limit in a federal operating permit that minimizes fugitive
			 emissions), does not exceed one part per million on an average weekly basis.
			 Any facility that uses benzene as a solvent and claims this exemption shall use
			 an aerated biological wastewater treatment system and shall use only lined
			 surface impoundments or tanks prior to secondary clarification in the
			 wastewater treatment system. Facilities that choose to measure concentration
			 levels shall file a copy of the facility's sampling and analysis plan with the
			 regional administrator, or the director, as the context requires. A facility
			 shall file a copy of a revised sampling and analysis plan only if the initial
			 plan is rendered inaccurate by changes in the facility's operations. The
			 sampling and analysis plan shall include the monitoring point location
			 (headworks), the sampling frequency and methodology, and a list of constituents
			 to be monitored. A facility is eligible for the direct monitoring option once
			 the facility receives confirmation that the sampling and analysis plan has been
			 received by the director. The director may reject the sampling and analysis
			 plan if the director finds that the sampling and analysis plan fails to include
			 the information required in this paragraph, or if the plan parameters would not
			 enable the facility to accurately calculate the weekly average concentration of
			 these chemicals. If the director rejects the sampling and analysis plan, or if
			 the director finds that the facility is not following the sampling and analysis
			 plan, the director shall notify the facility to cease the use of the direct
			 monitoring option until such time as the bases for rejection are corrected;
			 or
(ii) One or more of the
			 following spent solvents listed in rule
			 3745-51-31
			 of the Administrative Code - methylene chloride, 1,1,1-trichloroethane,
			 chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene,
			 toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
			 chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters
			 derived-from the combustion of these spent solvents - provided that the maximum
			 total weekly usage of these solvents (other than the amounts that can be
			 demonstrated not to be discharged to wastewater) divided by the average weekly
			 flow of wastewater into the headworks of the facility's wastewater treatment or
			 pretreatment system does not exceed twenty-five parts per million, or the total
			 measured concentration of these solvents entering the headworks of the
			 facility's wastewater treatment system (at facilities subject to regulation
			 under the CAA at 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63, or at
			 facilities subject to an enforceable limit in a federal operating permit that
			 minimizes fugitive emissions), does not exceed twenty-five parts per million on
			 an average weekly basis. Facilities that choose to measure concentration levels
			 shall file a copy of the facility's sampling and analysis plan with the
			 regional administrator, or the director, as the context requires. A facility
			 shall file a copy of a revised sampling and analysis plan only if the initial
			 plan is rendered inaccurate by changes in the facility's operations. The
			 sampling and analysis plan shall include the monitoring point location
			 (headworks), the sampling frequency and methodology, and a list of constituents
			 to be monitored. A facility is eligible for the direct monitoring option once
			 the facility receives confirmation that the sampling and analysis plan has been
			 received by the director. The director may reject the sampling and analysis
			 plan if the director finds that the sampling and analysis plan fails to include
			 the information required in this paragraph, or if the plan parameters would not
			 enable the facility to accurately calculate the weekly average concentration of
			 these chemicals. If the director rejects the sampling and analysis plan, or if
			 the director finds that the facility is not following the sampling and analysis
			 plan, the director shall notify the facility to cease the use of the direct
			 monitoring option until such time as the bases for rejection are corrected;
			 or
(iii) One of the following
			 wastes listed in rule
			 3745-51-32
			 of the Administrative Code, provided that the wastes are discharged to the
			 refinery oil recovery sewer before primary oil or water or solids separation -
			 heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA
			 hazardous waste number K050), crude oil storage tank sediment from petroleum
			 refining operations (EPA hazardous waste number K169), clarified slurry oil
			 tank sediment or in-line filter solids or separation solids from petroleum
			 refining operations (EPA hazardous waste number K170), spent hydrotreating
			 catalyst (EPA hazardous waste number K171), and spent hydrorefining catalyst
			 (EPA hazardous waste number K172); or
(iv) A discarded hazardous waste, commercial
			 chemical product, or chemical intermediate listed in rules
			 3745-51-31
			 to
			 3745-51-33
			 of the Administrative Code, arising from de minimis losses of these materials.
			 For purposes of this paragraph, "de minimis losses" are inadvertent releases to
			 a wastewater treatment system, including those from normal material handling
			 operations (e.g., spills from the unloading or transfer of materials from bins
			 or other containers, leaks from pipes, valves, or other devices used to
			 transfer materials); minor leaks of process equipment, storage tanks, or
			 containers; leaks from well-maintained pump packings and seals; sample
			 purgings; relief device discharges; discharges from safety showers and rinsing
			 and cleaning of personal safety equipment; and rinsate from empty containers or
			 from containers that are rendered empty by that rinsing. Any manufacturing
			 facility that claims an exemption for de minimis quantities of wastes listed in
			 rules
			 3745-51-31
			 to
			 3745-51-32
			 of the Administrative Code, or any non-manufacturing facility that claims an
			 exemption for de minimis quantities of wastes listed in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code, either shall have eliminated the discharge of
			 wastewaters or shall have included in the facility's CWA permit application or
			 submittal to the facility's pretreatment control authority the constituents for
			 which each waste was listed (in the appendix to rule
			 3745-51-30
			 of the Administrative Code); and the constituents in the table "Treatment
			 Standards for Hazardous Wastes" in rule
			 3745-270-40
			 of the Administrative Code for which each waste has a treatment standard (i.e.,
			 land disposal restriction constituents). A facility is eligible to claim the
			 exemption once the permit writer or control authority has been notified of
			 possible de minimis releases via the CWA permit application or the pretreatment
			 control authority submittal. A copy of the CWA permit application or the
			 submittal to the pretreatment control authority shall be placed in the
			 facility's files; or
(v) Wastewater
			 resulting from laboratory operations containing toxic (T) wastes listed in
			 rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code, provided that the annualized average flow of
			 laboratory wastewater does not exceed one per cent of total wastewater flow
			 into the headworks of the facility's wastewater treatment or pretreatment
			 system, or provided the wastes' combined annualized average concentration does
			 not exceed one part per million in the headworks of the facility's wastewater
			 treatment or pretreatment facility. Toxic (T) wastes used in laboratories that
			 are demonstrated not to be discharged to wastewater are not to be included in
			 this calculation; or
(vi) One or
			 more of the following wastes listed in rule
			 3745-51-32
			 of the Administrative Code - wastewaters from the production of carbamates and
			 carbamoyl oximes (EPA hazardous waste number K157) - provided that the maximum
			 weekly usage of formaldehyde, methyl chloride, methylene chloride, and
			 triethylamine (including all amounts that cannot be demonstrated to be reacted
			 in the process, destroyed through treatment, or recovered, i.e., what is
			 discharged or volatilized) divided by the average weekly flow of process
			 wastewater prior to any dilutions into the headworks of the facility's
			 wastewater treatment system does not exceed a total of five parts per million
			 by weight; or the total measured concentration of these chemicals entering the
			 headworks of the facility's wastewater treatment system (at facilities subject
			 to regulation under the CAA at 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part
			 63, or at facilities subject to an enforceable limit in a federal operating
			 permit that minimizes fugitive emissions), does not exceed five parts per
			 million on an average weekly basis. Facilities that choose to measure
			 concentration levels shall file a copy of the facility's sampling and analysis
			 plan with the regional administrator, or the director, as the context requires.
			 A facility shall file a copy of a revised sampling and analysis plan only if
			 the initial plan is rendered inaccurate by changes in the facility's
			 operations. The sampling and analysis plan shall include the monitoring point
			 location (headworks), the sampling frequency and methodology, and a list of
			 constituents to be monitored. A facility is eligible for the direct monitoring
			 option once the facility receives confirmation that the sampling and analysis
			 plan has been received by the director. The director may reject the sampling
			 and analysis plan if the director finds that the sampling and analysis plan
			 fails to include the information required in this paragraph, or if the plan
			 parameters would not enable the facility to accurately calculate the weekly
			 average concentration of these chemicals. If the director rejects the sampling
			 and analysis plan, or if the director finds that the facility is not following
			 the sampling and analysis plan, the director shall notify the facility to cease
			 the use of the direct monitoring option until such time as the bases for
			 rejection are corrected; or
(vii)
			 Wastewaters derived-from the treatment of one or more of the following wastes
			 listed in rule
			 3745-51-32
			 of the Administrative Code- organic waste (including heavy ends, still bottoms,
			 light ends, spent solvents, filtrates, and decantates) from the production of
			 carbamates and carbamoyl oximes (EPA hazardous waste number K156) - provided
			 that the maximum concentration of formaldehyde, methyl chloride, methylene
			 chloride, and triethylamine prior to any dilutions into the headworks of the
			 facility's wastewater treatment system does not exceed a total of five
			 milligrams per liter or the total measured concentration of these chemicals
			 entering the headworks of the facility's wastewater treatment system (at
			 facilities subject to regulation under the CAA at 40 CFR Part 60, 40 CFR Part
			 61, or 40 CFR Part 63 , or at facilities subject to an enforceable limit in a
			 federal operating permit that minimizes fugitive emissions), does not exceed
			 five milligrams per liter on an average weekly basis. Facilities that choose to
			 measure concentration levels shall file a copy of the facility's sampling and
			 analysis plan with the regional administrator, or the director, as the context
			 requires. A facility shall file a copy of a revised sampling and analysis plan
			 only if the initial plan is rendered inaccurate by changes in the facility's
			 operations. The sampling and analysis plan shall include the monitoring point
			 location (headworks), the sampling frequency and methodology, and a list of
			 constituents to be monitored. A facility is eligible for the direct monitoring
			 option once the facility receives confirmation that the sampling and analysis
			 plan has been received by the director. The director may reject the sampling
			 and analysis plan if the director finds that the sampling and analysis plan
			 fails to include the information required in this paragraph, or if the plan
			 parameters would not enable the facility to accurately calculate the weekly
			 average concentration of these chemicals. If the director rejects the sampling
			 and analysis plan, or if the director finds that the facility is not following
			 the sampling and analysis plan, the director shall notify the facility to cease
			 the use of the direct monitoring option until such time as the bases for
			 rejection are corrected.
(d) Rebuttable
			 presumption for used oil. Used oil containing more than one thousand parts per
			 million total halogens is presumed to be a hazardous waste because the used oil
			 has been mixed with halogenated hazardous waste listed in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code. Persons may rebut this presumption by demonstrating
			 that the used oil does not contain hazardous waste (for example, to show that
			 the used oil does not contain significant concentrations of halogenated
			 hazardous constituents listed in the appendix to rule
			 3745-51-11
			 of the Administrative Code).
(i) The
			 rebuttable presumption does not apply to metalworking oils or fluids containing
			 chlorinated paraffins, if they are processed, through a tolling agreement, to
			 reclaim metalworking oils or fluids. The presumption does apply to metalworking
			 oils or fluids if such oils or fluids are recycled in any other manner, or
			 disposed.
(ii) The rebuttable
			 presumption does not apply to used oils contaminated with chlorofluorocarbons
			 (CFCs) removed from refrigeration units where the CFCs are destined for
			 reclamation. The rebuttable presumption does apply to used oils contaminated
			 with CFCs that have been mixed with used oil from sources other than
			 refrigeration units.