3745-50-11 Incorporated by reference.

When used in the hazardous waste rules, the following text or other materials are incorporated by reference. All references cited in this rule are those that existed and were available on July 1, 2009 unless a different edition or version date is specified in this rule.

(A) Code of Federal Regulations (CFR) references. These regulations can generally be found in public libraries, electronically at http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html, or can be purchased from "U.S. Government Printing, Superintendent of Documents, Mail Stop: SSOP, Washington DC 20402-9328." The regulations listed in this rule are those published in the July 1, 2009 CFR.

(1) 10 CFR Parti;

(2) 10 CFR Part 20;

(3) 10 CFR Part 61;

(4) 10 CFR Part 71;

(5) 29 CFR Part 1910;

(6) 33 CFR Part 153;

(7) 33 CFR Parts 336 and 337;

(8) 40 CFR Part 51;

(9) 40 CFR Parts 60, 61, and 63, except as otherwise specifically described in the hazardous waste rules;

(10) 40 CFR Part 112;

(11) 40 CFR Parts 122 to 124;

(12) 40 CFR Parts 144, 146, and 148;

(13) 40 CFR Part 232;

(14) 40 CFR Parts 257 and 258;

(15) 40 CFR Parts 260 to 279;

(16) 40 CFR Parts 300 and 302;

(17) 40 CFR Part 761;

(18) 40CFRPartl510;

(19) 40 CFR Parts 171 to 180.

(B) Federal statute references. These laws can generally be found in public libraries, or electronically athttp://www.gpoaccess.gov/uscode/index.html. The federal laws listed in this rule are those versions of the laws amended through July 1, 2009.

(1) The Act of August 18, 1970, 84 Stat. 825, 16 U.S.C.A. la-5, as amended;

(2) Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq.;

(3) "Chemical and Biological Warfare Program, Destruction of Existing Stockpile of Lethal Chemical Agents and Munitions, 50 U.S.C. 1521 ;"

(4) Clean Air Act, 42 U.S.C. 7401 et seq.;

(5) Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq.;

(6) Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.;

(7) Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.;

(8) Federal Water Pollution Control Act, Clean Water Act of 1977, or Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1251 et seq.;

(9) Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq.;

(10) Marine Protection Research and Sanctuaries Act of 1972, 33 U.S.C. 1401 et seq.;

(11) Resource Conservation and Recovery Act of 1976 or Solid Waste Disposal Act, 42U.S.C. 6901 et seq.;

(12) Safe Drinking Water Act, 42 U.S.C. 300f et seq.;

(13) Toxic Substances Control Act, 15 U.S.C. 2601 et seq.;

(14) U.S.C. Title 11 (bankruptcy).

(C) Government literature. The availability of these documents is provided with each paragraph.

(1) U.S. department of commerce documents: "Survey of Current Business," available at www.commerce.gov;

(2) U.S. department of defense documents, available at http://web1.whs.osd.mil/iedhome/formsearch.htm:

(a) DD form 1348- requisition tracking form;

(b) DD form 1907- signature and tally record;

(c) DD form 626- motor vehicle inspection report;

(d) DD form 836- special instructions for motor vehicle drivers;

(e) DOD 6055.9 -STD- ammunition and explosive safety standards;

(3) U.S. department of transportation (DOT) shipping requirements are available at http://hazmat.dot.gov/rules.htm;

(4) U.S. department of the treasury document: "Circular 570" is published in the federal register annually on July first; interim changes in the circular are also published in the federal register;

(5) U.S. EPA technical documents. These documents are generally available in libraries. Documents listed in this paragraph without an address can be ordered by calling 800/490-9180 or 513/489-8190. They can also be obtained by writing to "U.S. EPA/NSCEP, P.O. Box 42419, Cincinnati, OH 45242-0419." Documents listed in this paragraph with an address may also be obtained at that address. Many of these documents can also be obtained at www.epa.gov/nepis/srch.htm. Some documents listed in this paragraph may be available for purchase, not free of charge.

(a) "APTI Course 415: Control of Gaseous Emissions,'' EPA publication EPA-450/2-81-005, December 1981, available for purchase from the "National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161;" or for purchase from the "Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402," or call 202 /512-1800;

(b) "Field Evaluation of Carbon Monoxide and Hydrogen Sulfide Continuous Emission Monitors at an Oil Refinery," Ferguson, B.B., R.E. Lester, and W.J. Mitchell, August 1982, EPA-600/4-82-054, available from "U.S. EPA, Research Triangle Park, NC 27711;"

(c) U.S. EPA form 8700-22, part of the "Uniform Hazardous Waste Manifest" and its instructions, is available in the appendix to 40 CFR Part 262;

(d) U.S. EPA form 8700-22A, part of the "Uniform Hazardous Waste Manifest" and its instructions, is available in the appendix to 40 CFR Part 262;

(e) U.S. EPA form 8700-23, the "Part A" permit application form, is available at http://www.epa.gov/epaoswer/hazwaste/data/form8700/forms.htm;

(f) "Gaseous Continuous Emissions Monitoring Systems-Performance Specification Guidelines for SO 2 , NO X , CO 2 , O 2 , and TRS," October 1982, EPA-450/3-82-026, available from "U.S. EPA OAQPS, ESED, Research Triangle Park, NC 27711;"

(g) "Gasoline Vapor Emission Laboratory Evaluation-Part 2," August 1975, EMB report No. 76-GAS-6, available from "U.S. EPA OAQPS, Research Triangle Park, NC 27711;"

(h) "Guidance for Metals and Hydrogen Chloride Controls for Hazardous Waste Incinerators, Volume IV of the Hazardous Waste Incineration Guidance Series," August 1989, available from "U.S. EPA, Office of Solid Waste (5301W), Crystal Station Building, 2805 Jefferson Highway, Crystal City, VA 22202;"

(i) "Guidance on Metals and Hydrogen Chloride Controls for Hazardous Waste Incinerators," August 1989, available from "U.S. EPA, Office of Solid Waste (5301W), Crystal Station Building, 2805 Jefferson Highway, Crystal City, VA 22202;"

(j) "Guideline on Air Quality Models (revised)," July 1986, EPA-450/2-78-027R, available from "U.S. EPA, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711;"

(k) "Handbook: Continuous Air Pollution Source Monitoring Systems," Jahnke, James A. and G.J. Aldina, June 1979, EPA-625/6-79-005, available from "U.S. EPA Technology Transfer, Cincinnati, OH 45268;"

(l) "Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-dioxins and Dibenzofurans (CDDs and CDFs)," March, 1989 update, EPA 625/3-89/016;

(m) "U.S. EPA Manual for SEA (Special Environmental Area) Requirements;"

(n) "Measurement of Volatile Organic Compounds-Guideline Series," June 1978, EPA-450/2-78-041, available from "U.S. EPA, Research Triangle Park, NC 27711;"

(o) "Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry, PB99-121949," available for purchase from the "National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161;" or available for purchase from the "Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402," or call 202 /512-1800;

(p) "Performance Test Results and Comparative Data for Designated Reference Methods for Carbon Monoxide," Michie, Raymond, M. Jr., et. al., September 1982, EPA-600/S4-83-013, available from "U.S. EPA ORD/EMSL, Research Triangle Park, NC 27711;"

(q) "Quality Assurance Handbook for Air Pollution Measurement Systems: Volume I. Principles," December 1984, EPA-600/9-76-006, available from "U.S. EPA ORD/EMSL, Research Triangle Park, NC 27711;"

(r) "Samplers and Sampling Procedures for Hazardous Waste Streams," January 1980, EPA 600/2-80-018 available from "U.S. EPA/NSCEP, P.O. Box 42419, Cincinnati, OH 45242-0419," or call 800/490-9198 or 513/489-8190;

(s) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources," August 1988, EPA-450/4-88-010, available from "U.S. EPA, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711;"

(t) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised," October 1992, EPA-450/R-92-019, available from "U.S. EPA, Research Triangle Park, NC 27711;"

(u) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, U.S. EPA publication SW-846 [third edition (November 1986), as amended by "Update I" (dated July 1992), "Update II" (dated September 1994), "Update IIA" (dated August 1993), "Update IH3" (dated January 1995), "Update III" (dated December 1996), and "Update IIIA" (dated April 1998)]. The third edition of U.S. EPA publication SW-846 and "Update I," "Update II," "Update IIA," "Update IIB," and "Update III" (document number 955-001-00000-1) are available from the "Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402," or call 202/512-1800. "Update IIIA" is available through "U.S. EPAs Methods Information Communication Exchange (MICE) Service." MICE can be contacted by phone at 703/821-4690. "Update IIIA" can also be obtained by contacting the "U.S. EPA, Office of Solid Waste (5307W), OSW Methods Team, 1200 Pennsylvania Ave., NW., Washington, DC 20460." Copies of the third edition and all of its updates are also available from the "National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161," or call 703/605-6000 or 800/553-6847. Copies may be inspected at the "Library, U.S. EPA, 401 M St., SW., Washington, DC 20460," or at the "Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC." It is also available at http://epa.gov/epaoswer/hazwaste/test/main.htm.

The following methods as published in the test methods compendium known as "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846, and are available for purchase from the "National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161;" or for purchase from the "Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402," or call 202 /512-1800. Third edition. A suffix of "A" in the method number indicates revision one (the method has been revised once). A suffix of "B" in the method number indicates revision two (the method has been revised twice). A suffix of "C" in the method number indicates revision three (the method has been revised three times). A suffix of "D" in the method number indicates revision four (the method has been revised four times):

(i) Method 0010, dated September 1986 and in the basic manual;

(ii) Method 0020, dated September 1986 and in the basic manual;

(iii) Method 0030, dated September 1986 and in the basic manual;

(iv) Method 1320, dated September 1986 and in the basic manual;

(v) Method 1311, dated September 1992 and in "Update I;"

(vi) Method 1330A, dated September 1992 and in "Update I;"

(vii) Method 1312 dated September 1994 and in "Update II;"

(viii) Method 0011, dated December 1996 and in "Update III;"

(ix) Method 0023A, dated December 1996 and in "Update III;"

(x) Method 0031, dated December 1996 and in "Update III;"

(xi) Method 0040, dated December 1996 and in "Update III;"

(xii) Method 0050, dated December 1996 and in "Update III;"

(xiii) Method 0051, dated December 1996 and in "Update III;"

(xiv) Method 0060, dated December 1996 and in "Update III;"

(xv) Method 0061, dated December 1996 and in "Update III;"

(xvi) Method 907IB, dated April 1998 and in "Update IIIA;"

(xvii) Method 1010A, dated November 2004 and in "Update IIIB;"

(xviii) Method 1020B, dated November 2004 and in "Update IIIB;"

(xix) Method 1110A, dated November 2004 and in "Update IIIB;"

(xx) Method 1310B, dated November 2004 and in "Update IIIB;"

(xxi) Method 9010C, dated November 2004 and in "Update IIIB;"

(xxii) Method 9012B, dated November 2004 and in "Update IIIB;"

(xxiii) Method 9040C, dated November 2004 and in "Update IIIB;"

(xxiv) Method 9045D, dated November 2004 and in "Update IIIB;"

(xxv) Method 9060A, dated November 2004 and in "Update IIIB;"

(xxvi) Method 9070A, dated November 2004 and in "Update IIIB;"

(xxvii) Method 9095B, dated November 2004 and in "Update IIIB;"

(v) "Traceability Protocol for Establishing True Concentrations of Gases Used for Calibration and Audits of Continuous Source Emission Monitors (Protocol No. 1)," June 1978, available from "U.S. EPA ORD/EMSL, Research Triangle Park, NC 27711;"

(6) U.S. natural resources conservation service information regarding soils and soil particle size is available at http://soils.usda.gov/procedures/ssm/main.htm;

(7) Occupational safety and health (OSHA) exposure levels to mercury are available at http://www.osha.gov/SLTC.mercury/exposure-limits.html;

(8) Ohio EPA documents.

(a) These forms are portions of the hazardous waste annual report, and are in the "Hazardous Waste Report Instructions" available at http://www.epa.ohio.gov/dhwm/ann_report.aspx:

(i) Ohio EPA form EPA 9027;

(ii) Ohio EPA form EPA 9028;

(iii) Ohio EPA form EPA 9029;

(b) This document is available at http://www.epa.ohio.gov/ddagw/tgmweb.aspx: "Technical Manual for Hydrogeologic Investigations and Ground Water Monitoring;"

(9) U.S. postal service (USPS) shipping requirements are available at http://www.usps.com/cpim/ftp/pubs/pub52.pdf;

(10) GSA standard form 1109- government bill of lading. Federal employees can order this form by calling federal supply customer assistance at 817/987-2051.

(D) Private publications. These publications are generally available at libraries.

(1) "An Analysis of Variance Test for Normality (complete samples)," Shapiro, S.S. and Wilk, M.B. (1965), "Biometrika," 52, 591-611;

(2) "Correlation of Land Use and Cover with Meteorological Anomalies," "Journal of Applied Meteorology, pp. 636-643, 1978;"

(3) "Fate of Metals in Waste Combustion Systems," Barton, R.G., W.D. Clark, and W.R. Seeker. (1990). "Combustion Science and Technology. 74, 1-6, p. 327;"

(4) "Statistical Concepts and Methods," Bhattacharyya, G.K. and R.A. Johnson (1977), John Wiley and sons, New York;

(5) "The Partitioning of Metals in Rotary Kiln Incineration," Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. Lee, and D.J. Fournier. "Proceedings of the Third International Conference on New Frontiers for Hazardous Waste Management." NTIS document number EPA/600/9-89/072, p. 555 (1989);

(6) Available from the "American National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036," or 212/642-4900, or www.ansi.org:

(a) "Petroleum Refining Piping," ANSI standard B 31.3 ;

(b) "Liquid Petroleum Transportation Piping System," ANSI standard B 31.4 ;

(7) Available for purchase from the "American Petroleum Institute (API), 1220 L Street, Northwest, Washington, DC 20005" or http://api-ep.api.org/:

(a) "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," API publication 1632;

(b) "Evaporative Loss from External Floating-Roof Tanks," API publication 2517, third edition, February 1989;

(c) "Guide for Inspection of Refinery Equipment," 4th edition, 1981;

(d) "Installation of Underground Petroleum Storage Systems," API publication 1615, November 1979;

(8) American society for testing and materials (ASTM) methods referenced in the hazardous waste rules are generally available in public libraries and/or are available from "ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959," at 610/832-9555, or at ASTM.org.

(a) The following methods were available for purchase at the ASTM web site as of July 1, 2003. Some of the methods may be no longer available on the web site and may be found in libraries:

(i) "ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography," ASTM standard D1946-90(2000);

(ii) "ASTM Standard Practice for Determining Resistance of Plastics to Bacteria," ASTM method G22-76(1996);

(iii) "ASTM Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi," ASTM method G21-96(2002);

(iv) "ASTM Standard Practice for Packed Column Gas Chromatography," ASTM standard E260-96(2001);

(v) "ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis," ASTM standard E168-99(2003);

(vi) "ASTM Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis," ASTM standard E169-99(2003);

(vii) "ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography," ASTM standard D4420-94(1999)el;

(viii) "ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method)," ASTM standard D4809-00(2003) or D4809-95(2003);

(ix) "ASTM Standard Test Method for Vapor Pressure- Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope," ASTM standard D2879-97(2003);

(x) "ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester," ASTM standard D93-02a(2003), D93-02(2003), or D93-00(2003);

(xi) "ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Cup Tester," ASTM standard D3278-96el(2003) or D3828-02(2003);

(xii) "ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals," ASTM standard D926-94(2003), test method C-bomb, acid digestion method;

(xiii) Representative sampling methods for:

(a) "Standard Guide for Representative Sampling for Management of Waste and Media," ASTM standard D6044-96(2003);

(b) "Practice for Sampling Soils and Contaminated Media with Hand Operated Bucket Auger, WK571(2/7/2003);"

(c) Extremely viscous liquid- ASTM standard D140-01(2003);

(d) Crushed or powdered material- ASTM standard D346-90Q998);

(e) Containerized liquid wastes- "COLISWA" described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is incorporated by reference elsewhere in this rule; also method D5495-94(2001), D5743-97(2003), or D6063-96(2001);

(b) The following older approved equivalent methods are not available from the ASTM web site, but are available in libraries:

(i) "ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester," ASTM standard D93-79 or D93-80;

(ii) "ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Cup Tester," ASTM standard D3278-78;

(iii) Representative sampling methods for:

(a) Soil or rock-like material- ASTM standard D420-69;

(b) Fly ash-like material- ASTM standard D2234-76;

(c) Extremely viscous liquid- ASTM standard D140-70;

(d) Crushed or powdered material- ASTM Standard D346-75;

(e) Containerized liquid wastes- "COLISWA" described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," which is incorporated by reference elsewhere in this rule; also described in "Samplers and Sampling Procedures for Hazardous Waste Streams," U.S. EPA 600/2-80-018, January 1980.

(9) Available from the national association of corrosion engineers (NACE) at www.nace.org:

(a) "Recommended Practice (RP-02-85)- Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems;"

(b) NACE standard TM-01-69;

(10) Available for purchase from the "National Fire Protection Association (NFPA), 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101:" "Flammable and Combustible Liquids Code" NFPA 30, ( 2008) ;

(11) Available for purchase from the "Organisation for Economic Co-operation and Development, Environment (OECD) Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France," or at http://www.OECD.org.

(a) Test 301b- C02 evolution (modified Sturm test).

(b) "OECD Green List of Wastes" (revised May 1994) as found in appendix 3 to the "OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations)."

(c) "OECD Amber List of Wastes" (revised May 1993) as found in appendix 4 to the "OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations)."

(d) "OECD Red List of Wastes" (revised May 1993) as found in appendix 5 to the "OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations)."

(12) Available from the steel tank institute (STI) at http://www.steeltank.com/: "STI Standard for Dual-Wall Underground Steel Storage Tanks."

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 05/29/1985 (Emer.), 08/29/1989, 01/30/1986, 12/08/1988, 02/11/1992, 09/02/1997, 12/07/2000, 12/07/2004, 02/16/2009