(A) A universal waste transporter shall comply with all applicable U.S. Department of transportation regulations in 49 CFR parts 171 to 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the department of transportation regulations, a material is considered a hazardous waste if it is subject to the hazardous waste manifest requirements specified in Chapter 3745-52 of the Administrative Code. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the department of transportation regulations.
(B) Some universal waste materials are regulated by the department of transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under Chapter 3745-52 of the Administrative Code, they may not be described by the DOT proper shipping name "hazardous waste, (L) or (S), N.O.S.," nor may the hazardous material's proper shipping name be modified by adding the word "waste."
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review date: Exempt
This rule is promulgated so that Ohio may administer a hazardous waste program as required by Section 6926 of the Resource Conservation and Recovery Act ( 42 U.S.C. Section 6901 ET SEQ.) and federal regulations promulgated thereunder ( 40 C.F.R. Part 271 )