Current through all regulations passed and filed through December 16, 2024
As used in Chapter 3745-273 of the Administrative Code:
(A)
(1)
"Aerosol can" means a non-refillable receptacle
containing a gas compressed, liquefied, or dissolved under pressure, the sole
purpose of which is to expel a liquid, paste, or powder and fitted with a
self-closing release device allowing the contents to be ejected by the
gas.
(2) "Ampule" means an
airtight vial made of glass, plastic, metal, or any combination of these
materials.
(3) "Antifreeze" means
propylene glycol or ethylene glycol including aggregated batches of propylene
glycol or ethylene glycol used as a heat transfer medium in an internal
combustion engine; heating, ventilating, and air conditioning units; and
electronics cooling applications; or used for winterizing
equipment.
(B) "Battery" means a
device consisting of one or more electrically connected electrochemical cells,
which is designed to receive, store, and deliver electric energy. An
electrochemical cell is a system consisting of an anode, cathode, and an
electrolyte, plus such connections (electrical and mechanical) as may be needed
to allow the cell to deliver or receive electrical energy. The term battery
also includes an intact, unbroken battery from which the electrolyte has been
removed.
(D) "Destination
facility" means a facility that treats, disposes of, or recycles a particular
category of universal waste, except those management activities described in
paragraphs (A),
(C),
(E), (F) and (G) of rule
3745-273-13 of the
Administrative Code and in paragraphs (A),
(C), (E), (F)
and (G) of rule
3745-273-33 of the
Administrative Code. A facility at which a particular category of universal
waste is only accumulated is not a destination facility for purposes of
managing that category of universal waste.
(F) "FIFRA" means the Federal Insecticide,
Fungicide, and Rodenticide Act .
(G) "Generator"
means any person, by site, whose act or process produces hazardous waste
identified or listed in Chapter 3745-51 of the Administrative Code or whose act
first causes a hazardous waste to become subject to
regulation.
(L)
(1) "Lamp" or
"universal waste lamp" means the bulb or tube portion of an electric lighting
device. A lamp is specifically designed to produce radiant energy, most often
in the ultraviolet, visible, and infrared regions of the electromagnetic
spectrum. Examples of common universal waste electric lamps include, but are
not limited to, fluorescent, high intensity discharge, neon, mercury vapor,
high pressure sodium, and metal halide lamps.
(2) "Large quantity
handler of universal waste" means a "universal waste handler" (as defined in
this rule) who accumulates five thousand kilograms or more total of universal
waste (batteries, pesticides, mercury-containing equipment, lamps, aerosol
cans, antifreeze, or paint or paint-related waste,
calculated collectively) at any time. This designation as a large quantity
handler of universal waste is retained through the end of the calendar year in
which the five thousand kilogram limit is met or exceeded.
(M)
"Mercury-containing equipment" means a device or part of a device (including
thermostats, but excluding batteries and lamps) that contains elemental mercury
integral to
the
device's function.
(O) "On-site" means the
same or geographically contiguous property which may be divided by public or
private right-of-way, provided the entrance and exit between the properties is
at a cross-roads intersection, and access is by crossing as opposed to going
along the right-of-way. Non-contiguous properties owned by the same person but
connected by a right-of-way which
that same person controls and to which the public
does not have access are also considered on-site property.
(P)
(1) "Paint" means a
pigmented or unpigmented powder coating, or a pigmented or unpigmented mixture
of binder and suitable liquid resulting from commercial, industrial, mining,
agricultural, and post-consumer activities that upon drying forms an adhering
coating on the surface that the paint is applied. Powder coating is a surface
coating that is applied as a dry powder and is fused into a continuous coating
film through the use of heat.
(2) "Paint-related
waste" means a material contaminated with paint that results from the packaging
of paint, wholesale and retail operations, paint manufacturing, and paint
application or removal activities, or a material derived from the reclamation
of paint-related wastes that is recycled in a manner other than burning for
energy recovery or used in a manner constituting disposal according to rules
3745-51-02 and
3745-266-20 of the
Administrative Code.
(3) "Pesticide" means
any substance or mixture of substances intended to prevent, destroy, repel, or
mitigate any pest, or intended for use as a plant regulator, defoliant, or
desiccant, other than any article that :
(a)
Is a new
animal drug under Section 201(v) of the Federal Food, Drug and Cosmetic Act
(FFDCA);
or
(b)
Is an
animal drug that has been determined by regulation of the secretary of health
and human services not to be a new animal drug; or
(c)
Is an
animal feed under Section 201(w) of the FFDCA that bears or contains any
substances described by any portion of the definition of "pesticide" in this
rule.
(S) "Small quantity
handler of universal waste" means a "universal waste handler" (as defined in
this rule) who does not accumulate five thousand kilograms or more
of universal waste (batteries,
pesticides, mercury-containing equipment, lamps, aerosol
cans, antifreeze, or paint or paint-related waste,
calculated collectively) at any time.
(T) "Thermostat" means
a temperature control device that contains metallic mercury in an ampule
attached to a bimetal sensing element, and mercury-containing ampules that have
been removed from these temperature control devices in compliance with
paragraph (C)(2) of rule
3745-273-13
or paragraph
(C)(2) of rule
3745-273-33 of the
Administrative Code.
(U)
(1)
"Universal waste" means any of the following hazardous wastes that are subject
to Chapter 3745-273 of the Administrative Code:
(a) Batteries as
described in rule
3745-273-02 of the
Administrative Code;
(b) Pesticides as
described in rule
3745-273-03 of the
Administrative Code;
(c) Mercury-containing
equipment as described in rule
3745-273-04 of the
Administrative Code
(d)
Lamps as described in rule
3745-273-05 of the
Administrative Code
(e)
Aerosol cans as
described in rule
3745-273-06 of the
Administrative Code; and
(f) Ohio-specific
universal wastes, which include :
(i) Antifreeze as
described in rule
3745-273-89 of the
Administrative Code; and
(ii) Paint and
paint-related waste as described in rule
3745-273-89 of the
Administrative Code.
(2) "Universal waste
handler":
(a) Means
:
(i) A "generator" (as
defined in this rule) of universal waste; or
(ii)
The owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another universal waste handler,
to a destination facility, or to a foreign destination.
(b)
Does not mean :
(i) A
person who treats [except under paragraph (A),
(C), (E), or (F) or (G) of rule
3745-273-13 of the
Administrative Code, or paragraph (A),
(C), (E), (F) or
(G) of rule
3745-273-33 of the
Administrative Code], disposes of, or recycles universal waste; or
(ii) A
person engaged in the off-site transportation of universal waste by air, rail,
highway, or water, including a universal waste transfer
facility.
(3) "Universal waste
transfer facility" means any transportation-related facility including loading
docks, parking areas, storage areas, and other similar areas where shipments of
universal waste are held during the normal course of transportation for ten
days or less.
(4) "Universal waste
transporter" means a person engaged in the off-site transportation of universal
waste by air, rail, highway, or water.
(5) "Universal waste
satellite accumulation area" means a designated container or other unit with a
capacity not to exceed fifty-five gallons or a designated cabinet where
universal waste aerosol
cans are initially collected in the work area
prior to being moved to the specified accumulation area for storage,
puncturing, or preparation of the universal waste aerosol
cans for shipment to another universal waste handler
or destination facility.
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
