Lawriter - OAC - 3745-266-20 Applicability- recyclable materials used in a manner that constitutes disposal.

3745-266-20 Applicability- recyclable materials used in a manner that constitutes disposal.

(A) Rules 3745-266-20 to 3745-266-23 of the Administrative Code apply to recyclable materials that are applied to or placed on the land:

(1) Without mixing with any other substances; or

(2) After mixing or combination with any other substances. These materials will be referred to throughout rules 3745-266-20 to 3745-266-23 of the Administrative Code as "materials used in a manner that constitutes disposal."

(B) Products produced for use by the general public that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code [or applicable prohibition levels in rule 3745-270-32 of the Administrative Code or Section 3004(d) of RCRA, where no treatment standards have been established] for each recyclable material (i.e., hazardous waste) that such products contain, and the recycler complies with paragraph (B)(6) of rule 3745-270-07 of the Administrative Code.

(C) Anti-skid and deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous wastes K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in paragraph (B) of this rule and remain subject to regulation.

(D) Fertilizers that contain recyclable materials are not subject to regulation provided that:

(1) The fertilizers are zinc fertilizers excluded from the definition of "waste" according to paragraph (A)(21) of rule 3745-51-04 of the Administrative Code; or

(2) The fertilizers meet the applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code for each hazardous waste that the fertilizers contain.

[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."]

Cite as Ohio Admin. Code 3745-266-20

Effective: 3/24/2017
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/30/1986, 12/08/1988, 12/30/1989, 02/11/1992, 12/07/2000, 12/07/2004, 09/05/2010, 03/17/2012