Current through all regulations passed and filed through September 16, 2024
(A)
An applicant may
apply to the director for a formal determination that a hazardous secondary
material is not discarded and therefore not a waste. The determinations will be
based on the criteria contained in paragraph (B) or (C) of this rule, as
applicable. If an application is denied, the hazardous secondary material might
still be eligible for a waste variance or exclusion (for example, one of the
waste variances under rule
3745-50-24 of the Administrative
Code). Determinations also may be granted by Ohio EPA if the following
conditions are met:
(1)
Ohio EPA determines the hazardous secondary material
meets the criteria in paragraph (B) or (C) of this rule, as
applicable;
(2)
Ohio EPA requests that U.S. EPA review Ohio EPA's
determination; and
(3)
U.S. EPA approves Ohio EPA's
determination.
(B)
The director may grant a non-waste determination for
hazardous secondary material which is reclaimed in a continuous industrial
process if the applicant demonstrates that the hazardous secondary material is
a part of the production process and is not discarded. The determination will
be based on whether the hazardous secondary material is legitimately recycled
as specified in rule
3745-50-17 of the Administrative
Code and on the following criteria:
(1)
The extent that the management of the hazardous
secondary material is part of the continuous primary production process and is
not waste treatment;
(2)
Whether the capacity of the production process would
use the hazardous secondary material in a reasonable time frame and ensure that
the hazardous secondary material will not be abandoned (for example, based on
past practices, market factors, the nature of the hazardous secondary material,
or any contractual arrangements);
(3)
Whether the
hazardous constituents in the hazardous secondary material are reclaimed rather
than released to the air, water or land at significantly higher levels from
either a statistical or from a health and environmental risk perspective than
would otherwise be released by the production process; and
(4)
Other relevant
factors that demonstrate the hazardous secondary material is not discarded,
including why the hazardous secondary material cannot meet, or should not have
to meet, the conditions of an exclusion under rule
3745-51-02 or
3745-51-04 of the Administrative
Code.
(C)
The director may grant a non-waste determination for
hazardous secondary material which is indistinguishable in all relevant aspects
from a product or intermediate if the applicant demonstrates that the hazardous
secondary material is comparable to a product or intermediate and is not
discarded. The determination will be based on whether the hazardous secondary
material is legitimately recycled as specified in rule
3745-50-17 of the Administrative
Code and on the following criteria:
(1)
Whether market participants treat the hazardous
secondary material as a product or intermediate rather than a waste (for
example, based on the current positive value of the hazardous secondary
material, stability of demand, or any contractual
arrangements);
(2)
Whether the chemical and physical identity of the
hazardous secondary material is comparable to commercial products or
intermediates;
(3)
Whether the capacity of the market would use the
hazardous secondary material in a reasonable time frame and ensure that the
hazardous secondary material will not be abandoned (for example, based on past
practices, market factors, the nature of the hazardous secondary material, or
any contractual arrangements);
(4)
Whether the
hazardous constituents in the hazardous secondary material are reclaimed rather
than released to the air, water or land at significantly higher levels from
either a statistical or from a health and environmental risk perspective than
would otherwise be released by the production process; and
(5)
Other relevant
factors that demonstrate the hazardous secondary material is not discarded,
including why the hazardous secondary material cannot meet, or should not have
to meet, the conditions of an exclusion under rule
3745-51-02 or
3745-51-04 of the Administrative
Code.
