Lawriter - OAC - 3745-273-70 Imports of universal waste.

3745-273-70 Imports of universal waste.

Persons managing universal waste that is imported from a foreign country are subject to the applicable requirements of 40 CFR Part 262 subpart H. When the universal wastes enter Ohio, the universal wastes are subject to the applicable requirements of Chapter 3745-273 of the Administrative Code immediately after the waste enters Ohio, as follows:

(A) A universal waste transporter is subject to the universal waste transporter requirements of rules 3745-273-50 to 3745-273-56 of the Administrative Code.

(B) A universal waste handler is subject to the small or large quantity handler of universal waste requirements of rules 3745-273-10 to 3745-273-20 or 3745-273-30 to 3745-273-40 of the Administrative Code, as applicable.

(C) An owner or operator of a destination facility is subject to the destination facility requirements of rules 3745-273-60 to 3745-273-62 of the Administrative Code.

[Comment 1: The exercise of foreign relations and international commerce powers is reserved to the federal government under the Constitution. These responsibilities are not delegable to the states. Therefore, the importation and exportation of hazardous waste into and out of the United States is solely regulated by the federal government.]

[Comment 2: 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."]

Effective: 2/12/2018
Five Year Review (FYR) Dates: 10/30/2017 and 02/12/2023
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997, 12/07/2004, 03/17/2012