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(A) Except as provided in paragraph (B) of this rule, no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility must in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with rules 3745-270-40 to 3745-270-49 of the Administrative Code, to circumvent the effective date of a prohibition in rules 3745-270-30 to 3745-270-39 of the Administrative Code, to otherwise avoid a prohibition in rules 3745-270-30 to 3745-270-39 of the Administrative Code, or to circumvent a land disposal prohibition imposed by RCRA section 3004.
(B) Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment systems which include land-based units which treat wastes subsequently discharged to a water of the United States pursuant to a permit issued under section 402 of the clean water act (CWA), or which treat wastes in a CWA-equivalent treatment system, or which treat wastes in a CWA-equivalent treatment system, or which treat wastes for purposes of pretreatment requirements under section 307 of the CWA is not impermissible dilution for purposes of this rule unless a method other than DEACT has been specified in rule 3745-270-40 of the Administrative Code as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.
(C) Combustion of the EPA hazardous waste numbers listed in the appendix to this rule is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, can be demonstrated to comply with one or more of the following criteria (unless otherwise specifically prohibited from combustion):
(1) The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard in rule 3745-270-48 of the Administrative Code;
(2) The waste consists of organic, debris-like materials (e.g., wood, paper, plastic, or cloth) contaminated with an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value such as greater than or equal to five thousand Btu per pound;
(4) The waste is co-generated with wastes for which combustion is a required method of treatment;
(5) The waste is subject to federal and/or state requirements necessitating reduction of organics (including biological agents); or
(6) The waste contains greater than one per cent total organic carbon.
(D) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.
[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.”]
Appendix to rule 3745-270-03 of the Administrative Code
Metal Bearing Waste Prohibited from Dilution in a Combustion Unit According to paragraph (C) of rule 3745-270-03 of the Administrative Code*
EPA hazardous waste number Waste Description
D004 Toxicity characteristic for arsenic
D005 Toxicity characteristic for barium
D006 Toxicity characteristic for cadmium
D007 Toxicity characteristic for chromium
D008 Toxicity characteristic for lead
D009 Toxicity characteristic for mercury
D010 Toxicity characteristic for selenium
D011 Toxicity characteristic for silver
F006 Wastewater treatment sludges from electroplating operations except from the following processes: (1) sulfuric acid anodizing of aluminum; (2) tin plating carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc plating on carbon steel; (5) cleaning/stripping associated with tin, zinc, and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum
F007 Spent cyanide plating bath solutions from electroplating operations
F008 Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process
F009 Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process
F010 Quenching bath residues from oil baths from metal treating operations where cyanides are used in the process
F011 Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations
F012 Quenching waste water treatment sludges from metal heat treating operations where cyanides are used in the process
F019 Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum car washing when such phosphating is an exclusinve conversion coating process
K002 Wastewater treatment sludge from the production of chrome yellow and orange pigments
K003 Wastewater treatment sludge from the production of molybdate orange pigments
K004 Wastewater treatment sludge from the production of zinc yellow pigments
K005 Wastewater treatment sludge from the production of chrome green pigments
K006 Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated)
K007 Wastewater treatment sludge from the production of iron blue pigments
K008 Oven residue from the production of chrome oxide green pigments
K061 Emission control dust/sludge from the primary production of steel in electric furnaces
K069 Emission control dust/sludge from secondary lead smelting
K071 Brine purification muds from the mercury cell processes in chlorine production, where separately prepurified brine is not used
K100 Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting
K106 Sludges from the mercury cell processes for making chlorine
P010 Arsenic acid H3AsO4
P011 Arsenic oxide As2O5
P012 Arsenic trioxide
P013 Barium cyanide
P015 Beryllium
P029 Copper cyanide Cu(CN)
P074 Nickel cyanide Ni(CN)2
P087 Osmium tetroxide
P099 Potassium silver cyanide
P104 Silver cyanide
P113 Thallic oxide
P114 Thallium (I) selenite
P115 Thallium (I) sulfate
P119 Ammonium vanadate
P120 Vanadium oxide V2O5
P121 Zinc cyanide
U032 Calcium chromate
U145 Lead phosphate
U151 Mercury
U204 Selenious acid
U205 Selenium disulfide
U216 Thallium (I) chloride
U217 Thallium (I) nitrate
Footnotes:
[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.”]
Eff 12-30-89; 2-11-92; 12-7-00; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
Rule replaces 3745-59-03
R.C. 119.032 review dates: Exempt