Current through all regulations passed and filed through September 16, 2024
(A) The director
may grant requests for a variance from classifying as a waste those materials
that are accumulated speculatively without sufficient amounts being recycled if
the applicant demonstrates that sufficient amounts of the material will be
recycled or transferred for recycling in the following year. If a variance is
granted, it is valid only for the following year, but can be renewed, on an
annual basis, by filing a new application. The director's decision will be
based on the following criteria:
(1) The
manner in which the material is expected to be recycled, when the material is
expected to be recycled, and whether this expected disposition is likely to
occur (for example, because of past practice, market factors, the nature of the
material, or contractual arrangements for recycling);
(2) The reason that the applicant has
accumulated the material for one or more years without recycling seventy-five
per cent of the volume accumulated at the beginning of the year;
(3) The quantity of material already
accumulated and the quantity expected to be generated and accumulated before
the material is recycled;
(4) The
extent to which the material is handled to minimize loss; and
(5) Other relevant factors.
(B) The director may grant
requests for a variance from classifying as a waste those materials that are
reclaimed and then reused as feedstock within the original production process
in which the materials were generated, if the reclamation operation is an
essential part of the production process. This determination will be based on
the following criteria:
(1) How economically
viable the production process would be if it were to use virgin materials,
rather than reclaimed materials;
(2) The extent to which the material is
handled before reclamation to minimize loss;
(3) The time periods between generating the
material and its reclamation, and between reclamation and return to the
original primary production process;
(4) The location of the reclamation operation
in relation to the production process;
(5) Whether the reclaimed material is used
for the purpose for which it was originally produced when it is returned to the
original process, and whether it is returned to the process in substantially
its original form;
(6) Whether the
person who generates the material also reclaims it; and
(7) Other relevant factors.
(C) The director may grant
requests for a variance from classifying as a waste those
hazardous secondary materials that have been
partially reclaimed, but must be reclaimed further before recovery is
completed if
the partial reclamation
has produced a commodity-like material. A determination that a
partially-reclaimed material for which the variance is sought is commodity-like
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 whether all of the following decision criteria are
satisfied:
(1)
Whether the degree of partial reclamation the material
has undergone is substantial as demonstrated by using a partial reclamation
process other than the process that generated the hazardous
waste;
(2)
Whether the partially-reclaimed material has sufficient
economic value that the material will be purchased for further
reclamation;
(3)
Whether the partially-reclaimed material is a viable
substitute for a product or intermediate produced from virgin or raw materials
which is used in subsequent production steps;
(4)
Whether there is
a market for the partially-reclaimed material as demonstrated by known
customers who are further reclaiming the material (e.g., records of sales and
contracts and evidence of subsequent use, such as bills of lading);
and
(5)
Whether the partially-reclaimed material is handled to
minimize loss.
