Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-50 - Hazardous Waste Management System-General
Section 3745-50-10 - Definitions and computation of time
Universal Citation: OH Admin Code 3745-50-10
Current through all regulations passed and filed through September 16, 2024
As used in the hazardous waste rules the following terms have the meanings given:
(A)
(1) "Aboveground tank" means a device that
meets the definition of "tank" in this rule and that is situated in such a way
that the entire surface area of the tank is completely above the plane of the
adjacent surrounding surface and the entire surface area of the tank (including
the tank bottom) is able to be visually inspected.
(2) "Active life of a facility" means the
period from the initial receipt of hazardous waste at the facility until the
director receives certification of final closure.
(3) "Active portion" means that portion of a
facility where treatment, storage, or disposal operations are being or have
been conducted after April 15, 1981 and which is not a closed portion. (See
also "closed portion" and "inactive portion.")
(4) "Acute hazardous waste" mean hazardous
wastes that meet the listing criteria in paragraph (A)(2) of rule
3745-51-11 of the Administrative
Code and therefore are either listed in rule
3745-51-31 of the Administrative
Code with the assigned hazard code of (H) or are listed in paragraph (E) of
rule 3745-51-33 of the Administrative
Code.
(5) "Administrator" means the
administrator of the U.S. EPA, or the administrator's authorized
representative.
(6) "AES filing
compliance date" means the date that U.S. EPA announced in the Federal Register
as December 31, 2017, on or after which exporters of hazardous waste and
exporters of cathode ray tubes for recycling are required to file U.S. EPA
information in the automated export system (AES) or the AES's successor system,
under the international trade data system platform.
(7) "Aerosol can" means a non-refillable
receptacle that contains 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 that allows the contents to be
ejected by the gas.
(8) "Airbag
waste" means any hazardous waste airbag modules or hazardous waste airbag
inflators.
(9) "Airbag waste
collection facility" means any facility that receives airbag waste from airbag
handlers subject to regulation under paragraph (J) of rule
3745-51-04 of the Administrative
Code, and accumulates the waste for more than ten days.
(10) "Airbag waste handler" means any person,
by site, who generates airbag waste that is subject to regulation under Chapter
3745-51 of the Administrative Code.
(11) "Ancillary equipment" means any device
including, but not limited to, such devices as piping, fittings, flanges,
valves, and pumps, that is used to distribute, meter, or control the flow of
hazardous waste from the point of generation to a storage or treatment tank,
between hazardous waste storage and treatment tanks to a point of disposal
on-site, or to a point of shipment for disposal off-site.
(12) "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.
(13) "Applicable law" means any applicable
provisions of Chapters 3704., 3734., 3745., 6109., and 6111. of the Revised
Code; the rules promulgated thereunder; orders of the director; the Resource
Conservation and Recovery Act,
42 U.S.C.
6921; the Toxic Substances Control Act,
15 U.S.C.
2601; the Safe Drinking Water Act,
42 U.S.C.
300f; the Clean Water Act, and the Clean Air
Act, 42 U.S.C.
7401; and the regulations of the
administrator promulgated thereunder.
(14) "Aquifer" means a geologic formation,
group of formations, or part of a formation capable of yielding a significant
amount of ground water to wells or springs.
(15) "Authorized representative of a
facility" means an individual responsible for the overall operation of a
facility or an operational unit (i.e., part of a facility), e.g., the plant
manager, superintendent, or person of equivalent responsibility.
(B)
(1) "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.
(2) "Boiler" means an enclosed device using
controlled flame combustion and having the following characteristics:
(a)
(i) The
unit shall have physical provisions for recovering and exporting thermal energy
in the form of steam, heated fluids, or heated gases; and
(ii) The unit's combustion chamber and
primary energy recovery sections that are of integral design. To be of integral
design the combustion chamber and the primary energy recovery section (such as
waterwalls and superheaters) shall be physically formed into one manufactured
or assembled unit. A unit in which the combustion chamber and the primary
energy recovery section are joined only by ducts or connections carrying flue
gas is not integrally designed; however, secondary energy recovery equipment
(such as economizers or air preheaters) need not be physically formed into the
same unit as the combustion chamber and the primary energy recovery section.
The following units are not precluded from being boilers solely because the
units are not of integral design: process heaters (units that transfer energy
directly to a process stream), and fluidized bed combustion units;
and
(iii) While in operation,
maintain a thermal energy recovery efficiency of at least sixty per cent,
calculated in terms of the recovered energy compared with the thermal value of
the fuel; and
(iv) Export and
utilize at least seventy-five per cent of the recovered energy, calculated on
an annual basis. In this calculation, no credit shall be given for recovered
heat used internally in the same unit (examples of internal use are the
preheating of fuel or combustion air, and the driving of induced or forced
draft fans or feed-water pumps); or
(b) The unit is one which the director, on a
case-by-case basis, and after considering the standards in rule
3745-50-25 of the Administrative
Code, has determined to be a boiler.
(C)
(1)
"Carbon dioxide stream" means carbon dioxide that has been captured from an
emissions source (e.g., power plant), plus incidental associated substances
derived from the source materials and the capture process, and any substances
added to the stream to enable or improve the injection process.
(2) "Carbon regeneration unit" means any
enclosed thermal treatment device used to regenerate spent activated
carbon.
(3) "Central accumulation
area" means any on-site hazardous waste accumulation area with hazardous waste
accumulating in units subject to either rule
3745-52-16 of the Administrative
Code (for small quantity generators) or rule
3745-52-17 of the Administrative
Code (for large quantity generators). A central accumulation area at an
eligible academic entity that chooses to operate under rules
3745-52-200 to
3745-52-216 of the
Administrative Code is also subject to rule
3745-52-211 of the
Administrative Code when accumulating unwanted material or hazardous
waste.
(4) "CERCLA" means the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C.
9601.
(5) "Certification" means a statement of
professional opinion based upon knowledge and belief.
(6) "Clean Water Act" or "Clean Water Act of
1977" means the Federal Water Pollution Control Act Amendments of 1972, 86
Stat. 886, 33 U.S.C.
1251, as amended by the Clean Water Act of 1977, 91 Stat. 1566,
33 U.S.C.
1251.
(7) "Closed portion" means that portion of a
facility which an owner or operator has closed in accordance with the approved
facility closure plan and all applicable closure requirements in the hazardous
waste rules. (See also "active portion" and "inactive portion.")
(8) "Component" means either the tank or
ancillary equipment of a tank system.
(9) "Confined aquifer" means an aquifer
bounded above and below by impermeable beds or by beds of distinctly lower
permeability than that of the aquifer; an aquifer containing confined ground
water.
(10)
"Contained" means held in a unit (including a land-based
unit as defined in this rule) that meets the following criteria:
(a)
The unit is in
good condition, with no leaks or other continuing or intermittent unpermitted
releases of the hazardous secondary materials to the environment, and is
designed, as appropriate for the hazardous secondary materials, to prevent
releases of hazardous secondary materials to the environment. Unpermitted
releases are releases that are not covered by a permit (such as a permit to
discharge water or air) and may include, but are not limited to: releases
through surface transport by precipitation runoff, releases to soil and
groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit
failures;
(b)
The unit is properly labeled or otherwise has a system
(such as a log) to immediately identify the hazardous secondary materials in
the unit; and
(c)
The unit holds hazardous secondary materials that are
compatible with other hazardous secondary materials placed in the unit and is
compatible with the materials used to construct the unit and addresses any
potential risks of fires or explosions.
(d)
Hazardous
secondary materials in units that meet the applicable requirements of Chapters
3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, and 3745-256 of the
Administrative Code are presumptively contained.
(11)
"Container" means any portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
(12)
"Containment building" means a hazardous waste management unit that is used to
store or treat hazardous waste under rules
3745-205-100 to
3745-205-102 or
3745-256-100 to
3745-256-102 of the
Administrative Code.
(13) "Contingency
plan" means a document setting out an organized, planned, and coordinated
course of action to be followed in case of a fire, explosion, or release of
hazardous waste or hazardous waste constituents which could threaten human
health or the environment.
(14) "Corrosion
expert" means a person who, by reason of that person's knowledge of the
physical sciences and the principles of engineering and mathematics, acquired
by a professional education and related practical experience, is qualified to
engage in the practice of corrosion control on buried or submerged metal piping
systems and metal tanks. Such a person shall be certified as being qualified by
the "National Association of Corrosion Engineers (NACE)" or be a registered
professional engineer who has certification or licensing that includes
education and experience in corrosion control on buried or submerged metal
piping systems and metal tanks.
(15) "CRT" or "cathode
ray tube" means a vacuum tube, composed primarily of glass, which is the visual
or video display component of an electronic device. A "used, intact CRT" means
a CRT for which the vacuum has not been released. A "used, broken CRT" means
glass removed from the housing or casing for which the vacuum has been
released.
(16) "CRT collector"
means a person who receives used, intact CRTs for recycling, repair, resale, or
donation.
(17) "CRT exporter"
means any person in the United States who initiates a transaction to send used
CRTs outside the United States or the territories of the United States for
recycling or reuse, or any intermediary in the United States arranging for such
export.
(18) "CRT glass
manufacturer" means an operation or part of an operation that uses a furnace to
manufacture CRT glass.
(19) "CRT processing"
means conducting all of the following activities:
(a) Receiving broken or intact CRTs;
and
(b) Intentionally breaking
intact CRTs or further breaking or separating broken CRTs; and
(c) Sorting or otherwise managing glass
removed from CRT monitors.
(D)
(1)
"Designated facility" means:
(a) A hazardous
waste treatment, storage, or disposal facility which:
(i) Has received an Ohio hazardous waste
permit or is deemed to have a permit by rule; or
(ii) In another state, has attained interim
status or is operating under a permit or license issued in accordance with the
Resource Conservation and Recovery Act; or
(iii) Is regulated under paragraph (C)(2) of
rule 3745-51-06 or rule
3745-266-70 of the
Administrative Code; and
(iv) Has
been designated on the manifest by the generator pursuant to rule
3745-52-20 of the Administrative
Code.
(b) A generator
site designated on the manifest to receive the waste as a return shipment from
a facility that has rejected the waste in accordance with paragraph (F) of rule
3745-54-72 or paragraph (F) of
rule 3745-65-72 of the Administrative
Code.
(c) If a waste is destined to
a facility in an authorized state which has not yet obtained authorization to
regulate that particular waste as hazardous, then the designated facility shall
be a facility allowed by the receiving state to accept such waste.
(2) "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)
and (C) and (E), (F), and (G) of rule
3745-273-13 and paragraphs (A)
and (C) and (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.
(3) "Dike" means an embankment or ridge of
either natural or man-made materials used to prevent the movement of liquids,
sludges, solids, or other materials.
(4) "Dioxins and furans" or "(D/F)" means
tetra-, penta-, hexa-, hepta-, and octa- chlorinated dibenzo dioxins and
furans.
(5) "Director" means the
director of Ohio EPA, or the director's authorized representative.
(6) "Discharge" or "hazardous waste
discharge" means the accidental or intentional spilling, leaking, pumping,
pouring, emitting, emptying, or dumping of hazardous waste into or on any land
or water.
(7) "Disposal" means the
discharge, deposit, injection, dumping, spilling, leaking, or placing of any
hazardous waste into or on any land or water so that such hazardous waste or
any constituent thereof may enter the environment or be emitted into the air or
discharged into any waters.
(8)
"Disposal facility" or "hazardous waste disposal facility" means a facility or
part of a facility at which hazardous waste is intentionally placed into or on
any land or water, and at which waste will remain after closure. The term
"disposal facility" does not include a corrective action management unit into
which remediation wastes are placed.
(9) "Drip pad" is an engineered structure
consisting of a curbed, free-draining base, constructed of non-earthen
materials, and designed to convey preservative kickback or drippage from
treated wood, precipitation, and surface water run-on to an associated
collection system at wood preserving plants.
(E)
(1)
"Electronic import-export reporting compliance date" means the date that U.S.
EPA announced in the Federal Register as December 31, 2017, on or after which
exporters, importers, and receiving facilities are required to submit certain
export and import related documents to U.S. EPA using U.S. EPA's waste import
export tracking system (WIETS), or the WIETS's successor system.
(2) "Electronic manifest" or "e-manifest"
means the electronic format of the hazardous waste manifest that is obtained
from U.S. EPA's national e-manifest system and transmitted electronically to
the system, and that is the legal equivalent of U.S. EPA forms 8700-22
(manifest) and 8700-22A (continuation sheet).
(3) "Electronic manifest system" or
"e-manifest system" means U.S. EPA's national information technology system
through which the electronic manifest may be obtained, completed, transmitted,
and distributed to users of the electronic manifest and to regulatory
agencies.
(4) "Elementary
neutralization unit" means a device which:
(a)
Is used for neutralizing wastes that are hazardous only because the wastes
exhibit the characteristic of corrosivity identified in rule
3745-51-22 of the Administrative
Code, or the wastes are listed as a hazardous waste in rules
3745-51-30 to
3745-51-35 of the Administrative
Code only for this reason; and
(b)
Meets the definition of "tank," "tank system," "container," "transport
vehicle," or "vessel" in this rule.
(5) "EPA hazardous waste number" means the
number assigned by U.S. EPA to each hazardous waste listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code and to each characteristic identified in rules
3745-51-20 to
3745-51-24 of the Administrative
Code.
(6) "Equivalent method" means
any testing or analytical method approved by the administrator under
40 CFR
260.20 and
40 CFR
260.21.
(7) "Existing hazardous waste management
facility" or "existing facility" or "in existence" means a facility which was
in operation or for which construction commenced on or before the effective
date of statutory or regulatory changes under Chapter 3734. of the Revised Code
which make the owner or operator of the facility subject to hazardous waste
permitting requirements. The owner or operator has commenced construction of
the facility if the owner or operator has obtained the federal, state, and
local approvals or permits necessary to begin physical construction, and
either:
(a) A continuous, on-site, physical
construction program has begun; or
(b) The owner or operator has entered into
contractual obligations- which cannot be cancelled or modified without
substantial loss- for physical construction of the facility to be completed
within a reasonable time.
(8) "Existing portion" means that land
surface area of an existing waste management unit included in the original
"Part A" permit application into which wastes have been placed prior to final
administrative disposition of the permit pursuant to the "Part B" permit
requirements.
(9) "Existing tank
system" or "existing component" means a tank system or component that is used
for the storage or treatment of hazardous waste and that is in operation, or
for which installation has commenced on or prior to July 14, 1986. Installation
will be considered to have commenced if the owner or operator has obtained all
federal, state, and local approvals or permits necessary to begin physical
construction of the site or installation of the tank system and if either:
(a) A continuous on-site physical
construction or installation program has begun; or
(b) The owner or operator has entered into
contractual obligations- which cannot be cancelled or modified without
substantial loss- for physical construction of the site or installation of the
tank system to be completed within a reasonable time.
(10) "Explosives or munitions emergency"
means a situation involving the suspected or detected presence of unexploded
ordnance, damaged or deteriorated explosives or munitions, an improvised
explosive device (IED), other potentially explosive material or device, or
other potentially harmful military chemical munitions or device, that creates
an actual or potential imminent threat to human health, including safety, or
the environment, including property, as determined by an explosives or
munitions emergency response specialist. Such situations may require immediate
and expeditious action by an explosives or munitions emergency response
specialist to control, mitigate, or eliminate the threat.
(11) "Explosives or munitions emergency
response" means all immediate response activities by an explosives and
munitions emergency response specialist to control, mitigate, or eliminate the
actual or potential threat encountered during an explosives or munitions
emergency. An explosives or munitions emergency response may include in-place
render-safe procedures, treatment, or destruction of the explosives or
munitions, or transporting those items to another location to be rendered safe,
treated, or destroyed. Any reasonable delay in the completion of an explosives
or munitions emergency response caused by a necessary, unforeseen, or
uncontrollable circumstance will not terminate the explosives or munitions
emergency. Explosives and munitions emergency responses can occur on either
public or private lands and are not limited to responses at hazardous waste
facilities.
(12) "Explosives or
munitions emergency response specialist" means an individual trained in
chemical or conventional munitions or explosives handling, transportation,
render-safe procedures, or destruction techniques. "Explosives or munitions
emergency response specialists" include department of defense (DOD) emergency
explosive ordnance disposal (EOD), technical escort unit (TEU), and
DOD-certified civilian or contractor personnel; and other federal, state, or
local government, or civilian personnel similarly trained in explosives or
munitions emergency responses.
(F)
(1)
"Facility" or "hazardous waste facility" means:
(a) All contiguous land, and structures,
other appurtenances, and improvements on the land, used for treating, storing,
or disposing of hazardous waste, or for managing
hazardous secondary materials prior to reclamation. A facility may
consist of several treatment, storage, or disposal operational units (e.g., one
or more landfills, surface impoundments, or combinations of these).
(b) For the purpose of implementing
corrective action under rule
3745-54-101 of the
Administrative Code, all contiguous property under the control of the owner or
operator seeking a permit under the hazardous waste rules. This definition also
applies to facilities implementing corrective action under Section 3008(h) of
RCRA or section 3734.20 of the Revised
Code.
(c) Notwithstanding paragraph
(F)(1)(b) of this rule, a remediation waste management site is not a facility
that is subject to rule
3745-54-101 of the
Administrative Code, but is subject to corrective action requirements if the
site is located within such a facility.
(2) "Federal agency" means any department,
agency, or other instrumentality of the federal government, any independent
agency or establishment of the federal government including any government
corporation, and the government printing office. "Federal, state, or local
approvals or permits necessary to begin construction" means permits and
approvals required under federal, state, or local hazardous waste control
statutes, regulations, or ordinances.
(3) "Final closure" means the closure of all
hazardous waste management units at the facility in accordance with all
applicable closure requirements in the hazardous waste rules so that hazardous
waste management activities under Chapters 3745-54 to 3745-57, 3745-65 to
3745-69, 3745-205, and 3745-256 of the Administrative Code are no longer
conducted at the facility unless subject to rule
3745-52-17 of the Administrative
Code.
(4) "Food-chain crops" means
tobacco, crops grown for human consumption, and crops grown for feed for
animals that produce products that are consumed by humans.
(5) "Freeboard" means the vertical distance
between the top of a tank or surface impoundment dike, and the surface of the
waste contained therein.
(6) "Free
liquids" means liquids which readily separate from the solid portion of a waste
under ambient temperature and pressure.
(G)
(1)
"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 the hazardous
waste rules.
(2) "Ground water"
means water below the land surface in a zone of saturation. (H)
(1) "Hazardous constituents" means those
constituents listed in the appendix to rule
3745-51-11 of the Administrative
Code.
(2)
"Hazardous secondary material" means a secondary material
(e.g., spent material, by-product, or sludge) that, when discarded, would be
identified as hazardous waste under Chapter 3745-51 of the Administrative
Code.
(3)
"Hazardous secondary material generator" means any
person whose act or process produces hazardous secondary materials at the
generating facility. For purposes of this paragraph, "generating facility,"
means all contiguous property owned, leased, or otherwise controlled by the
hazardous secondary material generator. For the purposes of paragraph (A)(2)(b)
of rule 3745-51-02 of the Administrative
Code and paragraph (A)(23) of rule
3745-51-04 of the Administrative
Code, a facility that collects hazardous secondary materials from other persons
is not the hazardous secondary material generator.
(4)
"Hazardous waste" means a "hazardous waste" as defined in rule
3745-51-03 of the Administrative
Code.
(5) "Hazardous waste
constituent" means a constituent that caused the director or the administrator
to list the hazardous waste in rules
3745-51-30 to
3745-51-35 of the Administrative
Code, or a constituent listed in the table in rule
3745-51-24 of the Administrative
Code.
(6) "Hazardous waste
management unit" means a contiguous area of land on or in which hazardous waste
is placed, or the largest area in which there is significant likelihood of
mixing hazardous waste constituents in the same area. Examples of hazardous
waste management units include a surface impoundment, a waste pile, a land
treatment area, a landfill cell, an incinerator, a tank and the associated
piping and underlying containment system and a container storage area. A
container alone does not constitute a unit; the unit includes containers and
the land or pad upon which the containers are placed.
(7)
"Hazardous waste rules" means the rules in Chapters 3745-50, 3745-51, 3745-52,
3745-53, 3745-54, 3745-55, 3745-56, 3745-57, 3745-65, 3745-66, 3745-67,
3745-68, 3745-69, 3745-205, 3745-256, 3745-266, 3745-270, 3745-273, and
3745-279 of the Administrative Code.
(I)
(1)
"Inactive portion" means that portion of a facility which is not operated after
April 15, 1981. (See also "active portion" and "closed portion.")
(2) "Incinerator" means any enclosed device
that:
(a) Uses controlled flame combustion
and neither meets the criteria for classification as a boiler, sludge dryer, or
carbon regeneration unit, nor is listed as an industrial furnace; or
(b) Meets the definition of "infrared
incinerator" or "plasma arc incinerator" in this rule.
(3) "Incompatible waste" means a hazardous
waste which is unsuitable for:
(a) Placement
in a particular device or facility because the waste may cause corrosion or
decay of containment materials (e.g., container inner liners or tank walls);
or
(b) Commingling with another
waste or material under uncontrolled conditions because the commingling might
produce heat or pressure, fire or explosion, violent reaction, toxic dusts,
mists, fumes, or gases, or flammable fumes or gases. (See the appendix to rule
3745-55-99 and the appendix to
rule 3745-66-99 of the Administrative
Code for examples.)
(4)
"Individual generation site" means the contiguous site at or on which one or
more hazardous wastes are generated. An individual generation site, such as a
large manufacturing plant, may have one or more sources of hazardous waste but
is considered a single or individual generation site if the site or property is
contiguous.
(5) "Industrial
furnace" means any of the following enclosed devices that are integral
components of manufacturing processes and that use thermal treatment to
accomplish recovery of materials or energy:
(a) Cement kilns.
(b) Lime kilns.
(c) Aggregate kilns.
(d) Phosphate kilns.
(e) Coke ovens.
(f) Blast furnaces.
(g) Smelting, melting, and refining furnaces
(including pyrometallurgical devices such as cupolas, reverberator furnaces,
sintering machine, roasters, and foundry furnaces).
(h) Titanium dioxide chloride process
oxidation reactors.
(i) Methane
reforming furnaces.
(j) Pulping
liquor recovery furnaces.
(k)
Combustion devices used in the recovery of sulfur values from spent sulfuric
acid.
(l) Halogen acid furnaces
(HAFs) for the production of acid from halogenated hazardous waste generated by
chemical production facilities where the furnace is located on the site of a
chemical production facility, the acid product has a halogen acid content of at
least three per cent, the acid product is used in a manufacturing process, and,
except for hazardous waste burned as fuel, hazardous waste fed to the furnace
has a minimum halogen content of twenty per cent as-generated.
(m) Such other devices as the administrator,
after notice and comment, may add to this list on the basis of one or more of
the following factors:
(i) The design and use
of the device primarily to accomplish recovery of material products;
(ii) The use of the device to burn or reduce
raw materials to make a material product;
(iii) The use of the device to burn or reduce
secondary materials as effective substitutes for raw materials in processes
using raw materials as principal feedstocks;
(iv) The use of the device to burn or reduce
secondary materials as ingredients in an industrial process to make a material
product;
(v) The use of the device
in common industrial practice to produce a material product; and
(vi) Other factors as appropriate.
(6) "Infrared
incinerator" means any enclosed device that uses electric powered resistance
heaters as a source of radiant heat followed by an afterburner using controlled
flame combustion and which is not listed as an industrial furnace.
(7) "Inground tank" means a device that meets
the definition of "tank" in this rule, whereby a portion of a tank wall is
situated to any degree within the ground, thereby preventing visual inspection
of that external surface area of the tank that is in the ground.
(8) "In operation" refers to a facility which
is treating, storing, or disposing of hazardous waste.
(9) "Injection well" means a well into which
fluids are injected. (See also "underground injection.")
(10) "Inner liner" means a continuous layer
of material placed inside a tank or container which protects the construction
materials of the tank or container from the contained waste or reagents used to
treat the waste.
(11) "Installation
inspector" means a person who, by reason of that person's knowledge of the
physical sciences and the principles of engineering, acquired by a professional
education and related practical experience, is qualified to supervise the
installation of tank systems.
(12)
"Intermediate facility" means any facility that stores
hazardous secondary materials for more than ten days, other than a hazardous
secondary material generator or reclaimer of such material.
(13)
"International shipment" means the transportation of hazardous waste into or
out of the jurisdiction of the United States.
(J) [Reserved.]
(K) [Reserved.]
(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 infra-red 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)
"Land-based unit"
means an area where hazardous secondary materials are placed in or on the land
before recycling. This definition does not include land-based production
units.
(3) "Landfill" means a
disposal facility or part of a facility where hazardous waste is placed in or
on land and which is not a pile, a land treatment facility, a surface
impoundment, an underground injection well, a salt dome formation, a salt bed
formation, an underground mine, a cave, or a corrective action management
unit.
(4) "Landfill cell"
means a discrete volume of a hazardous waste landfill which uses a liner to
provide isolation of wastes from adjacent cells or wastes. Examples of landfill
cells include, but are not limited to, trenches and pits.
(5)
"Land treatment facility" means a facility or part of a facility at which
hazardous waste is applied onto or incorporated into the soil surface; such
facilities are disposal facilities if the waste will remain after
closure.
(6) "Large quantity
generator" is a generator who generates any of the following amounts in a
calendar month:
(a) Greater than or equal to
one thousand kilograms (two thousand two hundred pounds) of non-acute hazardous
waste; or
(b) Greater than one
kilogram (2.2 pounds) of acute hazardous waste listed in rules
3745-51-31 or paragraph (E) of
rule 3745-51-33 of the Administrative
Code or
(c) Greater than one
hundred kilograms (two hundred twenty pounds) of any residue or contaminated
soil, water, or other debris resulting from the cleanup of a spill, into or on
any land or water, of any acute hazardous waste listed in rule
3745-51-31 or paragraph (E) of
rule 3745-51-33 of the Administrative
Code.
(7) "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
containers, 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.
(8) "Leachate" means
any liquid, including any suspended components in the liquid, that has
percolated through or drained from hazardous waste.
(9) "Leak-detection
system" means a system capable of detecting the failure of either the primary
or secondary containment structure or the presence of a release of hazardous
waste or accumulated liquid in the secondary containment structure. Such a
system shall employ operational controls (e.g., daily visual inspections for
releases into the secondary containment system of aboveground tanks) or consist
of an interstitial monitoring device designed to detect continuously and
automatically the failure of the primary or secondary containment structure or
the presence of a release of hazardous waste into the secondary containment
structure.
(10) "Liner" means a
continuous layer of natural or man-made materials, beneath or on the sides of a
surface impoundment, landfill, or landfill cell, which restricts the downward
or lateral escape of hazardous waste, hazardous waste constituents, or
leachate.
(M)
(1) "Management" or "hazardous waste
management" means the systematic control of the collection, source separation,
storage, transportation, processing, treatment, recovery, and disposal of
hazardous waste.
(2) "Manifest"
means the shipping document U.S. EPA form 8700-22 (including, if necessary,
U.S. EPA form 8700-22A), or the electronic manifest, originated and signed in
accordance with the applicable requirements of Chapters 3745-52, 3745-53,
3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, and 3745-256 of the
Administrative Code.
(3) "Manifest
tracking number" means the alphanumeric identification number (i.e., a unique
three letter suffix preceded by nine numerical digits), which is preprinted in
item 4 of the manifest by a registered source.
(4) "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 function of the
equipment.
(5) "Military munitions"
means all ammunition products and components produced or used by or for the
United States department of defense (DOD) or the United States armed services
for national defense and security, including military munitions under the
control of the department of defense, the United States coast guard, the United
States department of energy (DOE), and national guard personnel.
(a) The term "military munitions" includes:
confined gaseous, liquid, and solid propellants, explosives, pyrotechnics,
chemical and riot control agents, smokes, and incendiaries used by DOD
components, including bulk explosives and chemical warfare agents, chemical
munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar
rounds, artillery ammunition, small arms ammunition, grenades, mines,
torpedoes, depth charges, cluster munitions and dispensers, demolition charges,
and devices and components thereof.
(b) The term "military munitions" does not
include: wholly inert items, improvised explosive devices, and nuclear weapons,
nuclear devices, and nuclear components thereof. However, the term does include
non-nuclear components of nuclear devices, managed under DOE's nuclear weapons
program after all required sanitization operations under the Atomic Energy Act
of 1954 have been completed.
(6) "Mining overburden returned to the mine
site" means any material overlying an economic mineral deposit which is removed
to gain access to that deposit and is then used for reclamation of a surface
mine.
(7) "Miscellaneous unit"
means a hazardous waste management unit where hazardous waste is treated,
stored, or disposed of and that is not a container, tank, surface impoundment,
pile, land treatment unit, landfill, incinerator, boiler, industrial furnace,
underground injection well with appropriate technical standards under Chapter
3745-34 of the Administrative Code, corrective action management unit,
containment building, or unit eligible for a research, development, and
demonstration permit under 40 CFR 270.65, or staging
pile.
(8) "Movement" means that
hazardous waste transported to a facility in an individual vehicle.
(N)
(1) "New tank system" or "new tank component"
means a tank system or component that will be used for the storage or treatment
of hazardous waste and for which installation has commenced after July 14,
1986; except, however, for purposes of paragraph (G)(2) of rule
3745-55-93 and paragraph (G)(2)
of rule 3745-66-93 of the Administrative
Code, a new tank system is one for which construction commences after July 14,
1986. (See also "existing tank system.")
(2) "No free liquids," as used in paragraphs
(A)(26) and (B)(18) of rule
3745-51-04 of the Administrative
Code, means that "solvent-contaminated wipes" as defined in this rule may not
contain free liquids as determined by method 9095B ("Paint Filter Liquids
Test"), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods'' U.S. EPA publication SW-846, and that there is no free liquid in the
container holding the "wipes" as defined in this rule.
(3) "Non-acute hazardous waste" means all
hazardous wastes that are not acute hazardous waste, as defined in this
rule.
(4)
"Nuclear Waste Policy Act" means the Federal Nuclear Waste
Policy Act of 1982, 42 U.S.C. 108 .
(O)
(1)
"Ohio EPA" means the Ohio environmental protection agency.
(2) "On ground tank" means a device that
meets the definition of "tank" in this rule and that is situated in such a way
that the bottom of the tank is on the same level as the adjacent surrounding
surface so that the external tank bottom cannot be visually
inspected.
(3) "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 person controls and to which the public
does not have access are also considered on-site property.
(4) "Open burning" means the combustion of
any material without the following characteristics:
(a) Control of combustion air to maintain
adequate temperature for efficient combustion;
(b) Containment of the combustion-reaction in
an enclosed device to provide sufficient residence time and mixing for complete
combustion; and
(c) Control of
emission of the gaseous combustion products.
(5) "Operator" means the person responsible
for the overall operation of a facility.
(6) "Owner" means the person who owns a
facility or part of a facility.
(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
fusing or drying forms an adhering coating on the surface to which the paint is
applied. Powder coating is any surface coating which is applied as a dry powder
and is fused into a continuous coating film through the use of heat.
(2) "Paint-related waste" means any material
contaminated with paint that results from paint packaging, 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) "Partial
closure" means the closure of a hazardous waste management unit in accordance
with the applicable closure requirements of Chapters 3745-54 to 3745-57 and
3745-205 or 3745-65 to 3745-69 and 3745-256 of the Administrative Code at a
facility that contains other active hazardous waste management units. For
example, partial closure may include the closure of a tank (including the
associated piping and underlying containment systems), landfill cell, surface
impoundment, waste pile, or other hazardous waste management unit, while other
units of the same facility continue to operate.
(4) "Permit (as concerns hazardous waste),"
"Ohio hazardous waste permit," or "hazardous waste permit" means a hazardous
waste facility installation and operation permit issued under Chapter 3734. of
the Revised Code and the rules adopted thereunder, or a renewal permit issued
pursuant to section 3734.05 of the Revised Code.
(5) "Permitted facility" means a
facility that has possession of a current Ohio hazardous waste
permit.
(6) "Person" means an
individual, trust, firm, joint stock company, federal agency, corporation
(including a government corporation), partnership, association, the state of
Ohio or any state of the United States, municipality, commission, political
subdivision of the state, or any interstate body.
(7) "Personnel" or "facility personnel" means
all persons who work at, or oversee the operations of, a hazardous waste
facility, and whose actions or failure to act may result in noncompliance with
Chapters 3745-54 to 3745-57 and 3745-205 or 3745-65 to 3745-69 and 3745-256 of
the Administrative Code.
(8)
"Pesticide" means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating 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.
(9) "Pile" means
any non-containerized accumulation of solid, nonflowing hazardous waste that is
used for treatment or storage and that is not a containment building.
(10) "Plasma arc incinerator" means any
enclosed device using a high intensity electrical discharge or arc as a source
of heat followed by an afterburner using controlled flame combustion and which
is not listed as an industrial furnace.
(11) "Point source" means any discernible,
confined, and discrete conveyance, including, but is not limited to, any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture.
(12) "Publicly owned treatment works" or
"POTW" means any device or system used in the treatment (including, but not
limited to, recycling and reclamation of hazardous wastes) of municipal sewage
or industrial wastes of a liquid nature which is owned by the state or a
"municipality" [as defined in Section 502(4) of the Clean Water Act]. This
definition includes sewers, pipes, or other conveyances only if such sewers,
pipes, or other conveyances convey wastewater to a POTW providing
treatment.
(Q) "Qualified ground water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in ground water hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university courses that enable that individual to make sound professional judgements regarding ground water monitoring and contaminant fate and transport.
(R)
(1)
"Recognized trader" means a person domiciled in the United States, by site of
business, who acts to arrange and facilitate transboundary movements of wastes
destined for recovery or disposal operations, either by purchasing from and
subsequently selling to United States and foreign facilities, or by acting
under arrangements with a United States waste facility to arrange for the
export or import of the wastes.
(2)
"Remanufacturing" means processing a higher-value
hazardous secondary material in order to manufacture a product that serves a
similar functional purpose as the original commercial-grade material. For the
purpose of this definition, a hazardous secondary material is considered
higher-value if it was generated from the use of a commercial-grade material in
a manufacturing process and can be remanufactured into a similar
commercial-grade product.
(3) "Remediation waste"
means all solid and hazardous wastes, and all media (including ground water,
surface water, soils, and sediments) and debris, that are managed for
implementing cleanup.
(4) "Remediation waste
management site" means a facility where an owner or operator is or will be
treating, storing, or disposing of hazardous remediation wastes. A remediation
waste management site is not a facility that is subject to corrective action
under rule
3745-54-101 of the
Administrative Code, but is subject to corrective action requirements if the
site is located in such a facility.
(5) "Replacement unit":
(a) Means a landfill, surface impoundment, or
waste pile unit:
(i) From which all or
substantially all of the waste is removed; and
(ii) That is subsequently reused to treat,
store, or dispose of hazardous waste.
(b) Does not apply to a unit from which waste
is removed during closure, if the subsequent reuse solely involves the disposal
of waste from that unit and other closing units or corrective action areas at
the facility, in accordance with an approved closure plan or in accordance with
a U.S. EPA or Ohio EPA approved corrective action.
(6)
"Representative sample" means a sample of a universe or whole (e.g., waste
pile, lagoon, ground water) which can be expected to exhibit the average
properties of the universe or whole.
(7) "Resource
Conservation and Recovery Act," or "RCRA" means the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act of 1976,
42 U.S.C.
6901.
(8) "Run-off" means any
rainwater, leachate, or other liquid that drains over land from any part of a
facility.
(9) "Run-on" means any
rainwater, leachate, or other liquid that drains over land onto any part of a
facility.
(S)
(1) "Saturated zone" or "zone of saturation"
means that part of the earth's crust in which all voids are filled with
water.
(2) "Sludge" means any
solid, semisolid, or liquid waste generated from a municipal, commercial, or
industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility exclusive of the treated effluent from a wastewater
treatment plant.
(3) "Sludge dryer"
means any enclosed thermal treatment device that is used to dehydrate sludge
and that has a maximum total thermal input, excluding the heating value of the
sludge, of two thousand five hundred British thermal units (Btu) per pound of
sludge treated on a wet-weight basis.
(4) "Small quantity generator" means a
generator who generates any of the following amounts in a calendar month:
(a) Greater than one hundred kilograms (two
hundred twenty pounds) but less than one thousand kilograms (two thousand two
hundred pounds) of non-acute hazardous waste; and
(b) Less than or equal to one kilogram (2.2
pounds) of acute hazardous waste listed in rule
3745-51-31 or paragraph (E) of
rule 3745-51-33 of the Administrative
Code; and
(c) Less than or equal to
one hundred kilograms (two hundred twenty pounds) of any residue or
contaminated soil, water, or other debris resulting from the cleanup of a
spill, into or on any land or water, of any acute hazardous waste listed in
rule 3745-51-31 or paragraph (E) of
rule 3745-51-33 of the Administrative
Code.
(5) "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 total of
universal waste (batteries, pesticides, mercury-containing equipment, lamps,
aerosol containers, antifreeze, or paint or paint-related waste, calculated
collectively) at any time.
(6)
"Solid wastes" has the same meaning as in rule
3745-27-01 of the Administrative
Code.
(7) "Solvent-contaminated
wipe" means:
(a) A "wipe" as defined in this
rule that, after use or after cleaning up a spill, either:
(i) Contains one or more of the F001 to F005
solvents listed in rule
3745-51-31 of the Administrative
Code or the corresponding P-listed or U-listed solvents listed in rule
3745-51-33 of the Administrative
Code; or
(ii) Exhibits a hazardous
characteristic in rules
3745-51-20 to
3745-51-24 of the Administrative
Code when that characteristic results from a solvent listed in Chapter 3745-51
of the Administrative Code; or
(iii) Exhibits only the hazardous waste
characteristic of ignitability in rule
3745-51-21 of the Administrative
Code due to the presence of one or more solvents that are not listed in Chapter
3745-51 of the Administrative Code.
(b) Solvent-contaminated wipes that contain
listed hazardous waste other than solvents, or exhibit the characteristic of
toxicity, characteristic of corrosivity, or characteristic of reactivity due to
contaminants other than solvents, are not eligible for the exclusions in
paragraphs (A)(26) and (B)(18) of rule
3745-51-04 of the Administrative
Code.
(8) "Sorbent" means
a material that is used to soak up free liquids by either adsorption or
absorption, or both. "Sorb" means to either adsorb or absorb, or
both.
(9) "Staging pile" means an
accumulation of solid, non-flowing "remediation waste" (as defined in this
rule) that is not a containment building and that is used only during remedial
operations for temporary storage at a facility. Staging piles shall be
designated by the director according to rule
3745-57-74 of the Administrative
Code.
(10) "State" means the state
of Ohio.
(11) "Storage" means the
holding of hazardous waste for a temporary period, at the end of which the
hazardous waste is treated, disposed of, or stored elsewhere.
(12) "Sump" means any pit or reservoir that
meets the definition of "tank" in this rule and those troughs or trenches
connected to such pit or reservoir that serve to collect hazardous waste for
transport to hazardous waste storage, treatment, or disposal facilities; except
that as used in the landfill, surface impoundment, and waste pile rules, "sump"
means any lined pit or reservoir that serves to collect liquids drained from a
leachate collection and removal system or leak detection and removal system for
subsequent removal from the system.
(13) "Surface impoundment" or "impoundment"
means a facility or part of a facility which is a natural topographic
depression, man-made excavation, or diked area formed primarily of earthen
materials (although the impoundment or surface impoundment may be lined with
man-made materials), which is designed to hold an accumulation of liquid wastes
or wastes containing free liquids, and which is not an injection well. Examples
of surface impoundments include, but are not limited to, holding, storage,
settling, and aeration pits, ponds, and lagoons.
(T)
(1)
"Tank" means a stationary device, designed to contain an accumulation of
hazardous waste, which is constructed primarily of non-earthen materials (e.g.,
wood, concrete, steel, plastic) that provide structural support.
(2) "Tank system" means a hazardous waste
storage or treatment tank and the associated ancillary equipment and
containment system.
(3) "TEQ" means
toxicity equivalence, the international method of relating the toxicity of
various dioxin and furan congeners to the toxicity of
2,3,7,8-tetrachlorodibenzo-p-dioxin.
(4) "Thermal treatment" means the treatment
of hazardous waste in a device which uses elevated temperatures as the primary
means to change the chemical, physical, or biological character or composition
of the hazardous waste. Examples of thermal treatment processes include, but
are not limited to, incineration, molten salt, pyrolysis, calcination, wet air
oxidation, and microwave discharge. (See also "incinerator" and "open
burning.")
(5) "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.
(6) "Totally
enclosed treatment facility" means a facility for the treatment of hazardous
waste which is directly connected to an industrial production process and which
is constructed and operated in a manner which prevents the release of any
hazardous waste or any constituent thereof into the environment during
treatment. An example of such facility is a pipe in which waste acid is
neutralized.
(7) "Trade secrets"
means any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is not
patented, which is known only to certain individuals within a commercial
concern who are using such information to fabricate, produce, or compound an
article, trade, or service having commercial value, and which gives the user an
opportunity to obtain a business advantage over competitors who do not know or
use such information.
(8) "Transfer
facility" means any transportation-related facility, including loading docks, parking areas, storage
areas and other similar areas where shipments of hazardous waste
or hazardous secondary materials are held during
the normal course of transportation.
(9) "Transport vehicle" means a motor vehicle
or rail car used for the transportation of cargo by any mode. Each
cargo-carrying body (trailer, railroad freight car, etc.) is a separate
transport vehicle.
(10)
"Transportation" means the movement of hazardous waste by air, rail, highway,
or water.
(11) "Transporter" means
a person engaged in the off-site transportation of hazardous waste by air,
rail, highway, or water.
(12)
"Treatability study" means a study in which a hazardous waste is subjected to a
treatment process to determine:
(a) Whether
the waste is amenable to the treatment process;
(b) What pretreatment (if any) is
required;
(c) The optimal process
conditions needed to achieve the desired treatment;
(d) The efficiency of a treatment process for
a specific waste or wastes; or
(e)
The characteristics and volumes of residuals from a particular treatment
process.
Also included in this definition for the purpose of the exemptions in paragraphs (E) and (F) of rule 3745-51-04 of the Administrative Code, are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A "treatability study" is not a means to commercially treat or dispose of hazardous waste.
(13) "Treat" or
"treatment" means any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character or
composition of any hazardous waste so as to neutralize the waste; recover
energy or material resources from the waste; render the waste non-hazardous or
less hazardous, safer to transport, store, or dispose of, or amenable for
recovery or storage; or reduce the volume of the waste.
(14) "Treatment zone" means a soil area of
the unsaturated zone of a land treatment unit within which hazardous
constituents are degraded, transformed, or immobilized.
(U)
(1)
"Underground injection" means the subsurface emplacement of fluids through a
bored, drilled or driven well, or through a dug well, where the depth of the
dug well is greater than the largest surface dimension. (See also "injection
well.")
(2) "Underground source of
drinking water" means any aquifer or a portion of the aquifer:
(a)
(i)
Which supplies any "public water system" as defined in Chapter 3745-81 of the
Administrative Code; or
(ii) Which
contains a sufficient quantity of ground water to supply a "public water
system" as defined in Chapter 3745-81 of the Administrative Code; and
(a) Currently supplies drinking water for
human consumption; or
(b) Contains
fewer than ten thousand milligrams per liter total dissolved solids;
and
(b) Which
is not an exempted aquifer.
(3) "Underground tank" means a device that
meets the definition of "tank" in this rule in which the entire surface area is
totally below the surface of and covered by the ground.
(4) "Unfit-for-use tank system" means a tank
system that has been determined through an integrity assessment or other
inspection to be no longer capable of storing or treating hazardous waste
without posing a threat of release of hazardous waste to the
environment.
(5) "Universal waste"
means any of the following hazardous wastes that are managed under the
universal waste requirements of 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 as described in rule
3745-273-89 of the
Administrative Code, which include:
(i)
Antifreeze; and
(ii) Paint and
paint-related waste.
(6) "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 the
provisions of paragraph (A) or (C) or (E), (F), or (G) of rule
3745-273-13 of the
Administrative Code, or paragraph (A) or (C) or (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.
(7) "Universal waste satellite accumulation
area" means a container, cabinet, hopper, or other unit where universal waste
aerosol containers 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 containers for shipment to another
universal waste handler or destination facility.
(8) "Universal waste transporter" means a
person engaged in the off-site transportation of universal waste by air, rail,
highway, or water.
(9) "Unsaturated
zone" or "zone of aeration" means the zone between the land surface and the
water table.
(10) "United States"
means the fifty states, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of
Northern Mariana Islands.
(11)
"Uppermost aquifer" means the geologic formation nearest the natural ground
surface that is an aquifer, as well as lower aquifers that are hydraulically
interconnected with this aquifer within the facility's property
boundary.
(12) "U.S. EPA" means
United States environmental protection agency.
(13) "U.S. EPA identification number" means
the number assigned by U.S. EPA or by Ohio EPA to each hazardous waste
generator; hazardous waste transporter; hazardous waste treatment, storage, or
disposal facility; large quantity universal waste handler; universal waste
destination facility; used oil transporter; used oil processor; used oil
marketer; and off- specification used oil burner.
(14) "Used oil" means any oil that has been
refined from crude oil, or any synthetic oil, that has been used and, as a
result of that use, is contaminated by physical or chemical
impurities.
(15) "User of the
electronic manifest system" means a hazardous waste generator; a hazardous
waste transporter; an owner or operator of a hazardous waste treatment,
storage, recycling, or disposal facility; or any other person that:
(a) Is required to use a manifest to comply
with:
(i) Any federal or state requirement to
track the shipment, transportation, and receipt of hazardous waste or other
waste material that is shipped from the site of generation to an off-site
facility for treatment, storage, recycling, or disposal; or
(ii) Any federal or state requirement to
track the shipment, transportation, and receipt of rejected wastes or regulated
container residues that are shipped from a designated facility to an
alternative facility, or returned to the generator; and
(b) Elects to use the system to obtain,
complete and transmit an electronic manifest format supplied by the U.S. EPA
electronic manifest system; or
(c)
Elects to use the paper manifest form and submits to the system for data
processing purposes a paper copy of the manifest (or data from such a paper
copy), in accordance with paragraph (A)(2)(e) of rule
3745-54-71 or paragraph
(A)(2)(e) of rule
3745-65-71 of the Administrative
Code. These paper copies are submitted for data exchange purposes only and are
not the official copies of record for legal purposes.
(V)
(1) "Very small quantity generator" means a
generator who generates less than or equal to all of the following amounts in a
calendar month:
(a) One hundred kilograms (two
hundred twenty pounds) of non-acute hazardous waste; and
(b) One kilogram (2.2 pounds) of acute
hazardous waste listed in rules
3745-51-31 or paragraph (E) of
rule 3745-51-33 of the Administrative
Code; and
(c) One hundred kilograms
(two hundred twenty pounds) of any residue or contaminated soil, water, or
other debris resulting from the cleanup of a spill, into or on any land or
water, of any acute hazardous waste listed in rule
3745-51-31 or paragraph (E) of
rule 3745-51-33 of the Administrative
Code.
(2) "Vessel"
includes every description of watercraft, used or capable of being used as a
means of transportation on the water.
(W)
(1)
"Waste" has the same meaning as in rule
3745-51-02 of the Administrative
Code.
(2) "Waste management unit"
means any discernible unit at which "solid wastes," "hazardous waste,"
"infectious wastes," (as those terms are defined in Chapter 3734. of the
Revised Code), "construction and demolition debris" (as defined in Chapter
3714. of the Revised Code), "industrial waste," or "other wastes" (as those
terms are defined in Chapter 6111. of the Revised Code) have been placed at any
time, irrespective of whether the unit was intended for the management of solid
waste, hazardous waste, infectious waste, construction and demolition debris,
industrial waste, or other waste. Such units include any area at a facility at
which solid waste, hazardous waste, infectious waste, construction and
demolition debris, industrial waste, or other waste has been routinely and
systematically released.
(3)
"Wastewater treatment unit" means a device which:
(a) Is part of a wastewater treatment
facility that is subject to regulation under either Section 402 or Section
307(b) of the Clean Water Act; and
(b) Receives and treats or stores an influent
wastewater that is a "hazardous waste" as defined in rule
3745-51-03 of the Administrative
Code, or that generates and accumulates a wastewater treatment sludge that is a
"hazardous waste" as defined in rule
3745-51-03 of the Administrative
Code, or treats or stores a wastewater treatment sludge which is a "hazardous
waste" as defined in rule
3745-51-03 of the Administrative
Code; and
(c) Meets the definition
of "tank" or "tank system" in this rule.
(4) "Water (bulk shipment)" means the bulk
transportation of hazardous waste which is loaded or carried on board a vessel
without containers or labels.
(5)
"Well" means any shaft or pit dug or bored into the earth, generally of a
cylindrical form, and often walled with bricks or tubing to prevent the earth
from caving in.
(6) "Well
injection" see "underground injection."
(7) "Wipe" means a woven or non-woven shop
towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends,
or other material.
(X) [Reserved.]
(Y) [Reserved.]
(Z) "Zone of engineering control" means an area under the control of the owner or operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.
(AA) As used in the hazardous waste rules, unless the context otherwise requires, the time within which an act is required to be performed shall be computed pursuant to section 1.14 of the Revised Code.
[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."]
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