Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-50 - Hazardous Waste Management System-General
Section 3745-50-17 - Legitimate recycling of hazardous secondary materials
Universal Citation: OH Admin Code 3745-50-17
Current through all regulations passed and filed through September 16, 2024
(A) Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste rules shall be legitimate. Hazardous secondary material that is not legitimately recycled is discarded material and is a waste. In determining if the hazardous secondary materials recycling is legitimate, persons shall address all the requirements of this paragraph and shall consider the requirements of paragraph (B) of this rule.
(1)
Legitimate recycling shall involve a hazardous secondary
material that provides a useful contribution to the recycling process or to a
product or intermediate of the recycling process. The hazardous secondary
material provides a useful contribution if the material:
(a)
Contributes
valuable ingredients to a product or intermediate; or
(b)
Replaces a
catalyst or carrier in the recycling process; or
(c)
Is the source of
a valuable constituent recovered in the recycling process; or
(d)
Is recovered or
regenerated by the recycling process; or
(e)
Is used as an
effective substitute for a commercial product.
(2)
The recycling
process shall produce a valuable product or intermediate. The product or
intermediate is valuable if the product or intermediate is:
(a)
Sold to a third
party; or
(b)
Used by the recycler or the generator as an effective
substitute for a commercial product or as an ingredient or intermediate in an
industrial process.
(3)
The generator and
the recycler shall manage the hazardous secondary material as a valuable
commodity when the material is under the control of the generator and the
recycler. Where there is an analogous raw material, the hazardous secondary
material shall be managed, at a minimum, in a manner consistent with the
management of the raw material or in an equally protective manner. Where there
is no analogous raw material, the hazardous secondary material shall be
contained. Hazardous secondary materials that are released to the environment
and are not recovered immediately are discarded.
(B) The following factor shall be considered in making a determination as to the overall legitimacy of a specific recycling activity:
(1)
The product of
the recycling process does not:
(a)
Contain significant concentrations of any hazardous
constituents found in the appendix to rule
3745-51-11 of the Administrative
Code that are not found in analogous products; or
(b)
Contain
concentrations of hazardous constituents found in the appendix to rule
3745-51-11 of the Administrative
Code at levels that are significantly elevated from those found in analogous
products: or
(c)
Exhibit a hazardous characteristic (as described in
rules 3745-51-20 to
3745-51-24 of the Administrative
Code) that analogous products do not exhibit.
(2)
In making a
determination that a hazardous secondary material is legitimately recycled,
persons shall evaluate all factors and consider legitimacy as a whole. If,
after careful evaluation of these considerations, the factor in this paragraph
is not met, then this fact may be an indication that the material is not
legitimately recycled. However, the factor in this paragraph does not have to
be met for the recycling to be considered legitimate. In evaluating the extent
to which this factor is met and in determining whether a process that does not
meet this factor is still legitimate, persons can consider exposure from toxics
in the product, the bioavailability of the toxics in the product and other
relevant considerations.
(C) [Reserved.]
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