Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-270 - Hazardous Wastes Restricted from Land Disposal › Section 3745-270-09 - Special rules regarding wastes that exhibit a characteristic

Current through all regulations passed and filed through July 1, 2024
(A) The
			 initial generator of a waste shall determine each EPA hazardous waste number
			 applicable to the waste in order to determine the applicable treatment
			 standards under rules
			 3745-270-40
			 to
			 3745-270-49
			 of the Administrative Code. This determination may be made concurrently with
			 the hazardous waste determination required 
								in rule
			 3745-52-11
			 of the Administrative Code. For purposes of Chapter 3745-270 of the
			 Administrative Code, the waste will carry the EPA hazardous waste number for
			 any applicable 
								listed waste under rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code. In addition, where the waste exhibits a
			 characteristic, the waste will carry one or more of the characteristic EPA
			 hazardous waste numbers under rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code, except when the treatment standard for the listed
			 waste operates in lieu of the treatment standard for the characteristic waste,
			 as specified in paragraph (B) of this rule. If the generator determines that
			 the generator's waste displays a hazardous characteristic (and is not D001
			 nonwastewater treated by CMBST, RORGS, or POLYM in the table in rule
			 3745-270-42
			 of the Administrative Code), the generator shall determine
			 the "underlying hazardous constituents" (as
			 defined in rule
			 3745-270-02
			 of the Administrative Code) in the characteristic waste.
(B) Where a prohibited waste is both listed
			 under rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code and exhibits a characteristic under rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code, the treatment standard for the EPA hazardous waste
			 number listed in rules
			 3745-51-30
			 to
			 3745-51-35
			 of the Administrative Code will operate in lieu of the standard for the EPA
			 hazardous waste number under rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code, provided that the treatment standard for the listed
			 waste includes a treatment standard for the constituent that causes the waste
			 to exhibit the characteristic. Otherwise, the waste shall meet the treatment
			 standards for all applicable listed and characteristic EPA hazardous waste
			 numbers.
(C) In addition to any
			 applicable standards determined from the initial point of generation, no
			 prohibited waste which exhibits a characteristic under rules
			 3745-51-20
			 to
			 3745-51-24
			 of the Administrative Code may be land disposed unless the waste complies with
			 the treatment standards under rules
			 3745-270-40
			 to
			 3745-270-49
			 of the Administrative Code.
(D)
			 Wastes that exhibit a characteristic are also subject to rule
			 3745-270-07
			 of the Administrative Code, except that once the waste is no longer hazardous,
			 a one-time notification and certification shall be placed in the generator's or
			 treater's on-site files. The notification and certification shall be updated if
			 the process or operation generating the waste changes or if the licensed solid
			 waste landfill facility receiving the waste changes.
(1) The notification shall include the
			 following information:
(a) The name and
			 address of the licensed solid waste facility receiving the waste
			 shipment;
			 and
(b) A description of the
			 waste as initially generated, including the applicable EPA hazardous waste
			 numbers, treatability groups, and "underlying hazardous constituents" (as
			 defined in rule
			 3745-270-02
			 of the Administrative Code), unless the waste will be treated and monitored for
			 all underlying hazardous constituents. If all underlying hazardous constituents
			 will be treated and monitored, there is no requirement to list any of the
			 underlying hazardous constituents on the notice.