Chapter 3745-51 Identification and Listing of Hazardous Waste

3745-51-01 Purpose and scope of Chapter 3745-51 of the Administrative Code.

(A) Chapter 3745-51 of the Administrative Code identifies those wastes which are subject to regulation as hazardous wastes under Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-270, rules 3745-50-40 to 3745-50-235 of the Administrative Code, and which are subject to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity. In Chapter 3745-51 of the Administrative Code:

(1) Rules 3745-51-01 to 3745-51-09 of the Administrative Code define the terms "waste" and "hazardous waste," identify those wastes which are excluded from regulation under Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, 3745-270, and rules 374-50-40 to 3745-50-235 of the Administrative Code, and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled.

(2) Rules 3745-51-10 to 3745-51-11 of the Administrative Code set forth the criteria used to identify characteristics of hazardous waste and to list particular hazardous wastes.

(3) Rules 3745-51-20 to 3745-51-24 of the Administrative Code identify characteristics of hazardous waste.

(4) Rules 3745-51-30 to 3745-51-33 of the Administrative Code list particular hazardous wastes. Rule 3745-51-35 of the Administrative Code lists certain hazardous wastes which are deleted from the list following equipment cleaning and replacement. Rule 3745-51-38 of the Administrative Code lists the criteria for comparable/syngas fuels which are excluded from being wastes.

(B)

(1) The definition of "waste" in Chapter 3745-51 of the Administrative Code applies only to wastes that are also hazardous for purposes of the regulations adopted pursuant to section 3734.12 of the Revised Code. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled.

(2) A material which is not defined as a "waste" in Chapter 3745-51 of the Administrative Code, or is not a hazardous waste identified or listed in Chapter 3745-51 of the Administrative Code, may still be construction and demolitions debris, solid waste, infectious waste, hazardous waste, industrial waste, or other waste for purposes of Chapters 3714., 3734., and 6111. of the Revised Code if:

(a) In the case of Chapters 3714., 3734. and 6111. of the Revised Code, the director has reason to believe that the material may be "construction and demolition debris" as defined in section 3714.01 of the Revised Code, "solid waste" or "hazardous waste" as defined in section 3734.01 of the Revised Code, or "industrial waste" or "other waste" as defined in section 6111.01 of the Revised Code.

(b) Reserved.

(C) For purposes of rules 3745-51-02 and 3745-51-06 of the Administrative Code:

(1) A "spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing (an example is used "lamps" as defined in rule 3745-50-10 of the Administrative Code).

(2) "Sludge" has the same meaning as in rule 3745-50-10 of the Administrative Code.

(3) A "by-product" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. By-product does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.

(4) A material is "reclaimed" if it is processed to recover a usable product, or if it is regenerated.

Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

(5) A material is used or reused if it is either:

(a) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or

(b) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).

(6) "Scrap metal" is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

(7) A material is "recycled" if it is used, reused, or reclaimed.

(8) A material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively if the person accumulating the material can show that the material is potentially recyclable and has a feasible means of being recycled; and that during the calendar year, commencing January first, the amount of material that is recycled, or transferred to a different site for recycling, equals at least seventy-five per cent by weight or volume of the amount of that material accumulated at the beginning of the calendar year. In calculating the percentage of turnover, the seventy-five per cent requirement is to be applied to materials of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulated in units that would be exempt from regulation under paragraph (C) of rule 3745-51-04 of the Administrative Code shall not be included in the calculation. (Materials that are already defined as "wastes" also shall not be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling.

(9) "Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

(10) "Processed scrap metal" is scrap metal which has been manually or physically altered either to separate it into distinct materials to enhance economic value, or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and fines, drosses, and related materials which have been agglomerated.

[ Comment: Shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of "waste" for shredded circuit boards being recycled in paragraph (A)(14) of rule 3745-51-04 of the Administrative Code.]

(11) "Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries, such as turnings, cuttings, punchings, and borings.

(12) "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries, and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/30/1986, 09/22/1986, 12/30/1989, 02/11/1992, 12/07/2000, 12/07/2004, 02/16/2009

3745-51-02 Definition of waste.

(A)

(1) A "waste" is any discarded material that is not excluded by paragraph (A) of rule 3745-51-04 of the Administrative Code or that is not excluded by variance granted under rules 3745-50-23 and 3745-50-24 of the Administrative Code.

(2) A "discarded material" is any material which is:

(a) Abandoned, as explained in paragraph (B) of this rule; or

(b) Recycled, as explained in paragraph (C) of this rule; or

(c) Considered inherently waste-like, as explained in paragraph (D) of this rule; or

(d) A military munition identified as a waste in rule 3745-266-202 of the Administrative Code.

(B) Materials are waste if they are abandoned by being:

(1) Disposed of; or

(2) Burned or incinerated; or

(3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.

(C) Materials are wastes if they are recycled or accumulated, stored, or treated before recycling, as specified in paragraphs (C)(1) to (C)(4) of this rule.

(1) Used in a manner constituting disposal.

(a) Materials noted with an asterisk in column 1 of the table in this rule are wastes when they are:

(i) Applied to or placed on the land in a manner that constitutes disposal; or

(ii) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a waste).

(b) However, commercial chemical products listed in rule 3745-51-33 of the Administrative Code are not wastes if they are applied to the land and that is their ordinary manner of use.

(2) Burning for energy recovery.

(a) Materials noted with an asterisk in column 2 of the table in this rule are wastes when they are:

(i) Burned to recover energy; or

(ii) Used to produce a fuel, or are otherwise contained in fuels (in which cases the fuel itself remains a waste).

(b) However, commercial chemical products listed in rule 3745-51-33 of the Administrative Code are not wastes if they are themselves fuels.

(3) Reclaimed. Materials noted with an asterisk in column 3 of the table in this rule are wastes when reclaimed [except as provided in paragraph (A)(17) of rule 3745-51-04 of the Administrative Code]. Materials noted with a dash in column 3 of the table in this rule are not wastes when reclaimed.

(4) Accumulated speculatively. Materials noted with an asterisk in column 4 of the table in this rule are wastes when accumulated speculatively.

(D) Inherently waste-like materials. The following materials are wastes when they are recycled in any manner:

(1) Hazardous wastes numbers F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028.

(2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste, as described in rules 3745-51-20 to 3745-51-24 of the Administrative Code, or are listed as a hazardous waste, as described in rules 3745-51-30 to 3745-51-35 of the Administrative Code, except for brominated material that meets the following criteria:

(a) The material must contain a bromine concentration of at least forty-five per cent; and

(b) The material must contain less than a total of one per cent of toxic organic compounds listed in the appendix to rule 3745-51-11 of the Administrative Code; and

(c) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).

(3) The director will use the following criteria to add wastes to that list:

(a)

(i) The materials are ordinarily disposed of, burned, or incinerated; or

(ii) The materials contain toxic constituents listed in the appendix to rule 3745-51-11 of the Administrative Code and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and

(b) The material may pose a substantial hazard to human health and the environment when recycled.

(E) Materials that are not waste when recycled.

(1) Materials are not wastes when they can be shown to be recycled by being:

(a) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or

(b) Used or reused as effective substitutes for commercial products; or

(c) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found in paragraph (A)(17) of rule 3745-51-04 of the Administrative Code apply rather than this provision.

(2) The following materials are wastes, even if the recycling involves use, reuse, or return to the original process [described in paragraphs (E)(1)(a), (E)(1)(b), and (E)(1)(c) of this rule].

(a) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or

(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or

(c) Materials accumulated speculatively; or

(d) Materials listed in paragraphs (D)(1) and (D)(2) of this rule.

(F) Documentation of claims that materials are not wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations adopted under Chapter 3734. of the Revised Code who raise a claim that a certain material is not a waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so.

Table
  Use Constituting Disposal [paragraph (C)(1) of rule 3745-51-02 of the Administrative Code] Energy Recovery/Fuel [paragraph (C)(2) of rule 3745-51-02 of the Administrative Code] Reclamation [paragraph (C)(3) of rule 3745-51-02 of the Administrative Code] [except as provided in paragraph (A)(17) of rule 3745-51-04 of the Administrative Code for processing secondary materials] Speculative Accumulation [paragraph (C)(4) of rule 3745-51-02 of the Administrative Code]
  1 2 3 4
Spent materials (*) (*) (*) (*)
Sludges (listed in rule 3745-51-31 or 3745-51-32 of the Administrative Code) (*) (*) (*) (*)
Sludges exhibiting a characteristic of hazardous waste (*) (*) -- (*)
By-products (listed in rule 3745-51-31 or 3745-51-32 of the Administrative Code) (*) (*) (*) (*)
By-products exhibiting a characteristic of hazardous waste (*) (*) -- (*)
Commercial chemical products listed in rule 3745-51-33 of the Administrative Code (*) (*) -- --
Scrap metal that is not excluded scrap metal [see paragraph (A)(13) of rule 3745-51-04 of the Administrative Code] (*) (*) (*) (*)
Note: The terms "spent material," "sludge," "by-product," "scrap metal," and "excluded scrap metal" are defined in rule 3745-51-01 of the Administrative Code.

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/29/1985, 12/02/1981,01/30/1986, 11/13/1987, 12/30/1989, 02/11/1992, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004, 09/05/2010

3745-51-03 Definition of hazardous waste.

(A) A "waste," as defined in rule 3745-51-02 of the Administrative Code, is a hazardous waste if:

(1) It is not excluded from regulation as a hazardous waste under paragraph (B) of rule 3745-51-04 of the Administrative Code; and

(2) It meets any of the following criteria:

(a) It exhibits any of the characteristics of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under paragraph (B)(7) of rule 3745-51-04 of the Administrative Code and any other waste exhibiting a characteristic of hazardous waste under rules 3745-51-20 to 3745-51-24 of the Administrative Code is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the nonexcluded wastes prior to mixture. Further, for the purposes of applying the toxicity characteristic leaching procedure to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed inthe table in rule 3745-51-24 of the Administrative Code that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.

(b) It is listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code and has not been excluded from the lists in rules 3745-51-30 to 3745-51-35 of the Administrative Code under 40 CFR 260.20 and 40 CFR 260.22.

(c) Reserved.

(d) It is a mixture of hazardous wastes as defined in paragraphs (A)(2)(a) to (A)(2)(c) of this rule and source material, special nuclear material, or by product material, as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq., or other radionuclides. However, only the hazardous components of the mixture are subject to regulation for purposes of Chapter 3745-51 of the Administrative Code.

(e) It is a mixture of waste and one or more hazardous wastes listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code and has not been excluded from paragraphs (A)(2)(a) to (A)(2)(f)(ii) of this rule under 40 CFR 260.20 and 40 CFR 260.22, paragraphs (G)(1) to (G)(4) of this rule, or paragraphs (H)(1) to (H)(3) of this rule; however, the following mixtures of wastes and hazardous wastes listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code are not hazardous wastes[except by application of paragraph (A)(2)(a) or (A)(2)(b) of this rule] if the generator can demonstrate that the mixture consists of wastewater, the discharge of which is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act (including wastewater at facilities which have eliminated the discharge of wastewater) and:

(i) One or more of the following spent solvents listed in rule 3745-51-31 of the Administrative Code - carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber water derived-from the combustion of these spent solvents- provided that the maximum total weekly usage of these solvents(other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed one part per million; or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed one part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption must use an aerated biological wastewater treatment system and must use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the regional administrator, or the director, as the context requires. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if he finds that the sampling and analysis plan fails to include the information required in this paragraph, or if the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan, or if the director finds that the facility is not following the sampling and analysis plan, the director will notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(ii) One or more of the following spent solvents listed in rule 3745-51-31 of the Administrative Code - methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived-from the combustion of these spent solvents - provided that the maximum total weekly usage of these solvents(other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed twenty-five parts per million, or the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed twenty-five parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the regional administrator, or the director, as the context requires. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if he finds that the sampling and analysis plan fails to include the information required in this paragraph, or if the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan, or if the director finds that the facility is not following the sampling and analysis plan, the director will notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(iii) One of the following wastes listed in rule 3745-51-32 of the Administrative Code, provided that the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation - heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA hazardous waste number K050), crude oil storage tank sediment from petroleum refining operations (EPA hazardous waste number K169), clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations (EPA hazardous waste number K170), spent hydrotreating catalyst (EPA hazardous waste number K171), and spent hydrorefining catalyst (EPA hazardous waste number K172); or

(iv) A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in rules 3745-51-31 to 3745-51-33 of the Administrative Code, arising from de minimis losses of these materials. For purposes of this paragraph,"de minimis losses" are inadvertent releases to a wastewater treatment system, including those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks, or containers; leaks from well-maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in rules 3745-51-31 to 3745-51-32 of the Administrative Code, or any non-manufacturing facility that claims an exemption for de minimis quantities of wastes listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code must either have eliminated the discharge of wastewaters or have included in its Clean Water Act(CWA) permit application or submittal to its pretreatment control authority the constituents for which each waste was listed (in the appendix to rule 3745-51-30 of the Administrative Code); and the constituents in the table "Treatment Standards for Hazardous Wastes" in rule 3745-270-40 of the Administrative Code for which each waste has a treatment standard(i.e., land disposal restriction constituents). A facility is eligible to claim the exemption once the permit writer or control authority has been notified of possible de minimis releases via the CWA permit application or the pretreatment control authority submittal. A copy of the CWA permit application or the submittal to the pretreatment control authority must be placed in the facility's files; or

(v) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code, provided that the annualized average flow of laboratory wastewater does not exceed one per cent of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system, or provided the wastes' combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pretreatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or

(vi) One or more of the following wastes listed in rule 3745-51-32 of the Administrative Code - wastewaters from the production of carbamates and carbamoyl oximes(EPA hazardous waste number K157) - provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of five parts per million by weight; or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act (CAA), as amended, at 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed five parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the regional administrator, or the director, as the context requires. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if he finds that the sampling and analysis plan fails to include the information required in this paragraph, or if the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan, or if the director finds that the facility is not following the sampling and analysis plan, the director will notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(vii) Wastewaters derived from the treatment of one or more of the following wastes listed in rule 3745-51-32 of the Administrative Code - organic waste(including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA hazardous waste number K156) - provided that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of five milligrams per liter or the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR Part 60, 40 CFR Part 61, or 40 CFR Part 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed five milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the regional administrator, or the director, as the context requires. A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the director. The director may reject the sampling and analysis plan if he finds that the sampling and analysis plan fails to include the information required in this paragraph, or if the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the director rejects the sampling and analysis plan, or if the director finds that the facility is not following the sampling and analysis plan, the director will notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or

(f) Rebuttable presumption for used oil. Used oil containing more than one thousand parts per million total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste(for example, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in the appendix to rule 3745-51-11 of the Administrative Code).

(B) A waste which is not excluded from regulation under paragraph (A)(1) of this rule becomes a hazardous waste when any of the following events occur:

(1) In the case of a waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code, when the waste first meets the listing description set forth in rules 3745-51-30 to 3745-51-35 of the Administrative Code.

(2) In the case of a mixture of waste and one or more listed hazardous wastes, when a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code is first added to the waste.

(3) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.

(C) Unless and until it meets the criteria of paragraph (D) of this rule:

(1) A hazardous waste will remain a hazardous waste.

(2)

(a) Except as otherwise provided in paragraph (C)(2)(b), (G)(1) to (G)(4), or (H)(1) to (H)(3) of this rule, any waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate (but not including precipitation run-off) is a hazardous waste. (However, materials that are reclaimed from wastes and that are used beneficially are not wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.)

(b) The following wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:

(i) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC codes 33IX and 332X);

(ii) Waste from burning any of the materials exempted from regulation by paragraphs (A)(3)(c) and (A)(3)(d) of rule 3745-51-06 of the Administrative Code;

(iii)

(a) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste, in units defined as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations, or industrial furnaces [as defined in subparagraphs (f), (g), and (m) of "industrial furnace" in rule 3745-50-10 of the Administrative Code ], that are disposed in licensed solid waste landfills, provided that these residues meet the generic exclusion levels identified in this paragraph for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all the exclusion requirements.


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(b) A one-time notification and certification must be placed in the facility's files and sent to the director for K061, K062, or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to licensed solid waste landfills. The notification and certification that is placed in the generator's or treater's files must be updated if the process or operation generating the waste changes and/or if the licensed solid waste landfill receiving the waste changes. However, the generator or treater need only notify the director on an annual basis if such changes occur. Such notification and certification should be sent to the director by the end of the calendar year, but no later than December thirty-first. The notification must include the following information:

(i) The name and address of the licensed solid waste landfill receiving the waste shipments;

(ii) The EPA hazardous waste number and treatability group at the initial point of generation; and

(iii) The treatment standards in Chapter 3745-270 of the Administrative Code applicable to the waste at the initial point of generation.

(iv) The certification must be signed by an authorized representative and must state as follows:

"I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristics of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(iv) Biological treatment sludge from the treatment of one of the following wastes listed in rule 3745-51-32 of the Administrative Code - organic waste(including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA hazardous waste number K156) and wastewaters from the production of carbamates and carbamoyl oximes (EPA hazardous waste number K157);

(v) Catalyst inert support media separated from one of the following wastes listed in rule 3745-51-32 of the Administrative Code -spent hydrotreating catalyst(EPA hazardous waste number K171), and spent hydrorefining catalyst (EPA hazardous waste number K172).

(D) Any waste described in paragraph (C) of this rule is not a hazardous waste if it meets the following criteria:

(1) In the case of any waste, it does not exhibit any of the characteristics of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code. However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of Chapter 3745-270 of the Administrative Code, even if they no longer exhibit a characteristic at the point of land disposal).

(2) In the case of a waste which is listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code, contains a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code, or is derived from a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code, the hazardous waste also has been excluded from paragraphs (C) to (C)(2)(b)(iv) of this rule pursuant to 40 CFR 260.20 and 40 CFR 260.22.

(E) Reserved;

(F) Notwithstanding paragraphs (A) to (D) of this rule and provided the debris as defined in Chapter 3745-270 of the Administrative Code does not exhibit a characteristic identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code, the following materials are not subject to regulation under Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, or 3745-270 of the Administrative Code:

(1) Hazardous debris as defined in Chapter 3745-270 of the Administrative Code that has been treated using one of the required extraction or destruction technologies identified in table 1 of rule 3745-270-45 of the Administrative Code; persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all the exclusion requirements; or

(2) Debris as defined in Chapter 3745-270 of the Administrative Code that the director, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.

(G)

(1) A hazardous waste that is listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code solely because it exhibits one or more characteristics of ignitability as defined in rule 3745-51-21 of the Administrative Code, corrosivity as defined in rule 3745-51-22 of the Administrative Code, or reactivity as defined in rule 3745-51-23 of the Administrative Code is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.

(2) The exclusion described in paragraph (G)(1) of this rule also pertains to:

(a) Any mixture of a waste and a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (A)(2)(d) of this rule; and

(b) Any waste generated from treating, storing, or disposing of a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (C)(2)(a) of this rule.

(3) Wastes excluded under this rule are subject to Chapter 3745-270 of the Administrative Code (as applicable), even if they no longer exhibit a characteristic at the point of land disposal.

(4) Any mixture of a waste excluded from regulation under paragraph (B)(7) of rule 3745-51-04 of the Administrative Code and a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (A)(2)(d) of this rule is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code for which the hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code was listed.

(H)

(1) Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of rules 3745-266-210 to 3745-266-335 of the Administrative Code("eligible radioactive mixed waste").

(2) The exemption described in paragraph (H)(1) of this rule also pertains to:

(a) Any mixture of a waste and an eligible radioactive mixed waste; and

(b) Any waste generated from treating, storing, or disposing of an eligible radioactive mixed waste.

(3) Waste exempted under this rule must meet the eligibility criteria and specified conditions in paragraph (B) of rule 3745-266-220 and paragraph (C) of rule 3745-266-220 of the Administrative Code(for storage and treatment) and in rule 3745-266-310 and paragraph (A) of rule 3745-266-315 of the Administrative Code(for transportation and disposal). Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.

(I) The director will advise the public of changes to the lists of hazardous wastes in rule 3745-51-30 of the Administrative Code and of exclusions pursuant to 40 CFR 260.22.

[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."]

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: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 05/28/1987, 12/08/1988, 12/30/1989, 02/11/1992, 02/14/1995, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004, 02/16/2009

3745-51-04 Exclusions.

(A) Materials which are not wastes. The following materials are not wastes for the purpose of Chapter 3745-51 of the Administrative Code:

(1) Domestic sewage :

(a) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works (POTW) for treatment.

(b) As used in Chapter 3745-51 of the Administrative Code, "domestic sewage" means untreated sanitary wastes that pass through a sewer system.

(2) Industrial wastewater discharges that are point source discharges subject to regulation under Section 402 of the Clean Water Act, as amended through the date specified in rule 3745-50-11 of the Administrative Code.

[Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored, or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.]

(3) Irrigation return flows.

(4) "Source material," "special nuclear material," or "by-product material" as defined by the Atomic Energy Act of 1954, as amended through the date specified in rule 3745-50-11 of the Administrative Code, 42 U.S.C. 2011.

(5) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.

(6) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is "accumulated speculatively" as described in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code.

(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is "accumulated speculatively" as described in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code.

(8) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided that all of the following:

(a) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance .

(b) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators) .

(c) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed .

(d) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.

(9) Wood preserving.

(a) Spent wood preserving solutions that have been reclaimed and are reused for the original intended purpose .

(b) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.

(c) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in paragraphs (A)(9)(a) and (A)(9)(b) of this rule, so long as they meet all of the following conditions:

(i) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for the original intended purpose .

(ii) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or ground water or both .

(iii) Any unit used to manage wastewaters or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases .

(iv) Any drip pad used to manage the wastewaters or spent wood preserving solutions prior to reuse complies with the standards in rules 3745-69-40 to 3745-69-45 of the Administrative Code, regardless of whether the plant generates a total of less than one hundred kilograms of hazardous waste per month .

(v) Prior to operating pursuant to this exclusion, the plant owner or operator prepares one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language:

"I have read rule 3745-51-04 of the Administrative Code establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the rule."

The plant shall maintain a copy of that document in its on-site records until closure of the facility. The exclusion applies so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the director for reinstatement. The director may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions, and that the violations are not likely to recur.

(10) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic specified in rule 3745-51-24 of the Administrative Code when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.

(11) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.

(12) Oil-bearing secondary materials and recovered oil.

(a) Oil-bearing hazardous secondary materials (i.e., sludges, by-products, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process [SIC code 2911 - including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)] unless the material is placed on the land, or accumulated speculatively before being so recycled. Materials inserted into thermal cracking units are excluded under this paragraph, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in paragraph (A)(12)(b) of this rule, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this rule. Residuals generated from processing or recycling materials excluded under this paragraph, where such materials as generated would have otherwise met a listing under rules 3745-51-30 to 3745-51-35 of the Administrative Code, are designated as F037 listed wastes when disposed of or intended for disposal.

(b) Recovered oil that is recycled in the same manner and with the same conditions as described in paragraph (A)(12)(a) of this rule. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172). Recovered oil does not include oil-bearing hazardous wastes listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include "used oil" as defined in rule 3745-279-01 of the Administrative Code.

(13) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled.

(14) Shredded circuit boards being recycled provided that they are both:

(a) Stored in containers sufficient to prevent a release to the environment prior to recovery .

(b) Free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries.

(15) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates.

(16) Reserved.

(17) "Spent materials" (as defined in rule 3745-51-01 of the Administrative Code) (other than hazardous wastes listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that all of the following:

(a) The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values .

(b) The spent material is not accumulated speculatively .

(c) Except as provided in paragraph (A)(17)(d) of this rule, the spent material is stored in tanks, containers, or buildings that meet all of the following minimum integrity standards:

(i) A building shall be an engineered structure with a floor, walls, and a roof, all of which are made of non-earthen materials providing structural support (except smelter buildings may have partially earthen floors provided the secondary material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation .

(ii) A tank shall be free standing, shall not be a "surface impoundment" (as defined in rule 3745-50-10 of the Administrative Code), and shall be manufactured of a material suitable for containment of its contents .

(iii) A container shall be free standing and be manufactured of a material suitable for containment of its contents.

(iv) If tanks or containers contain any particulate which may be subject to wind dispersal, the owner or operator shall operate these units in a manner which controls fugitive dust.

(v) Tanks, containers, and buildings shall be designed, constructed, and operated to prevent significant releases to the environment of these materials.

(d) The director may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads, rather than in tanks, containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The director shall affirm that pads are designed, constructed and operated to prevent significant releases of the spent material into the environment. Pads shall provide the same degree of containment afforded by the non-RCRA tanks, containers, and buildings eligible for exclusion.

(i) The director also shall consider if storage on pads poses the potential for significant releases via ground water, surface water, and air exposure pathways. Factors to be considered for assessing the ground water, surface water, air exposure pathways are: the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway; and the possibility and extent of harm to human and environmental receptors via each exposure pathway.

(ii) Pads shall meet all of the following minimum standards:

(a) Be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material .

(b) Be capable of withstanding physical stresses associated with placement and removal .

(c) Have run-on and run-off controls .

(d) Be operated in a manner which controls fugitive dust .

(e) Have integrity assurance through inspections and maintenance programs.

(iii) Before making a determination under paragraphs (A)(17) to (A)(17)(f) of this rule, the director shall provide notice and the opportunity for comment to all persons potentially interested in the determination. This may be accomplished by placing notice of this action in major local newspapers, or by broadcasting notice over local radio stations.

(e) The owner or operator provides a notice to the director, providing all of the following information:

(i) The types of materials to be recycled .

(ii) The type and location of the storage units and recycling processes .

(iii) The annual quantities expected to be placed in land-based units.

(iv) This notification shall be updated when there is a change in the type of materials recycled or the location of the recycling process.

(f) For purposes of paragraph (B)(7) of this rule, mineral processing spent materials shall be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of "waste."

(18) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided that both:

(a) The oil is hazardous only because it exhibits the characteristic of ignitability (as identified in rule 3745-51-21 of the Administrative Code) or the characteristic of toxicity for benzene (waste code D018 in rule 3745-51-24 of the Administrative Code) .

(b) The oil generated by the organic chemical manufacturing facility is not placed on the land, or accumulated speculatively before being recycled into the petroleum refining process. An "associated organic chemical manufacturing facility" is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (i.e., sludges, by-products, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.

(19) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or "accumulated speculatively" as defined in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code.

(20) Hazardous secondary materials used to make zinc fertilizers, provided that all of the following conditions are satisfied:

(a) Hazardous secondary materials used to make zinc micronutrient fertilizers shall not be "accumulated speculatively," as defined in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code.

(b) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers shall:

(i) Submit a one-time notice to the director, which contains the name, address, and U.S. EPA identification number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in paragraphs (A)(20) to (A)(20)(e) of this rule.

(ii) Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose shall be an engineered structure made of non-earthen materials that provide structural support, and shall have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose shall be structurally sound and, if outdoors, shall have roofs or covers that prevent contact with wind and rain. Containers used for this purpose shall be kept closed except when it is necessary to add or remove material, and shall be in sound condition. Containers that are stored outdoors shall be managed within storage areas that accomplish all of the following:

(a) Have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation .

(b) Provide for effective drainage and removal of leaks, spills and accumulated precipitation .

(c) Prevent run-on into the containment system.

(iii) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of paragraphs (A)(20) to (A)(20)(e) of this rule.

(iv) Maintain at the generator's or intermediate handler's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records shall at a minimum contain all of the following information:

(a) Name of the transporter and date of the shipment .

(b) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment .

(c) Type and quantity of excluded secondary material in each shipment.

(c) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials shall do all of the following:

(i) Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in paragraph (A)(20)(b)(ii) of this rule.

(ii) Submit a one-time notification to the director that, at a minimum, specifies the name, address and U.S. EPA identification number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in paragraphs (A)(20) to (A)(20)(e) of this rule.

(iii) Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which shall at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material.

(iv) Submit to the director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial processes from which they were generated.

(d) Nothing in this rule preempts, overrides, or otherwise negates rule 3745-52-11 of the Administrative Code, which requires any person who generates a waste to determine if that waste is a hazardous waste.

(e) Permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submittal of the one-time notice described in paragraph (A)(20)(b)(i) of this rule, and that afterward will be used only to store hazardous secondary materials excluded under paragraphs (A)(20) to (A)(20)(e) of this rule, are not subject to the closure requirements of Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, or 3745-256 of the Administrative Code.

(21) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under paragraphs (A)(20) to (A)(20)(e) of this rule, provided that all of the following:

(a) The fertilizers meet the following contaminant limits:

(i) For metal contaminants:

Constituent

Maximum Allowable Total Concentration in Fertilizer, Per Unit (1%) of Zinc (ppm)

Arsenic

0.3

Cadmium

1.4

Chromium

0.6

Lead

2.8

Mercury

0.3

(ii) For dioxin contaminants the fertilizer shall contain no more than eight parts per trillion of dioxin, measured as toxic equivalent (TEQ).

(b) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing also shall be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the products introduced into commerce.

(c) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with paragraph (A)(21)(b) of this rule. Such records shall at a minimum include all of the following:

(i) The dates and times product samples were taken, and the dates the samples were analyzed .

(ii) The names and qualifications of the persons taking the samples .

(iii) A description of the methods and equipment used to take the samples .

(iv) The name and address of the laboratory facility at which analyses of the samples were performed .

(v) A description of the analytical methods used, including any cleanup and sample preparation methods .

(vi) All laboratory analytical results used to determine compliance with the contaminant limits specified in paragraphs (A)(21) to (A)(21)(c)(iv) of this rule.

(22) Used cathode ray tubes (CRTs).

(a) Used, intact "CRTs" as defined in rule 3745-50-10 of the Administrative Code are not wastes within the United States unless they are disposed, or unless they are "accumulated speculatively" as defined in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code by CRT collectors or glass processors.

(b) Used, intact "CRTs" as defined in rule 3745-50-10 of the Administrative Code are not wastes when exported for recycling provided that they comply with rule 3745-51-40 of the Administrative Code.

(c) Used, broken "CRTs" as defined in rule 3745-50-10 of the Administrative Code are not wastes provided that they comply with rule 3745-51-39 of the Administrative Code.

(d) Glass removed from CRTs is not a waste provided that it complies with paragraph (C) of rule 3745-51-39 of the Administrative Code.

(23) Reserved.

(24) Reserved.

(25) Reserved.

(26) "Solvent-contaminated wipes," as defined in rule 3745-50-10 of the Administrative Code, that are sent for cleaning and reuse are not wastes from the point of generation, provided that all of the following:

(a) The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers shall be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container shall be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.

(b) The solvent-contaminated wipes may be accumulated by the generator for up to one hundred eighty days from the start date of accumulation for each container prior to being sent for cleaning.

(c) At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, the solvent-contaminated wipes shall contain "no free liquids" as defined in rule 3745-50-10 of the Administrative Code.

(d) Free liquids removed from the solvent-contaminated wipes or from the container holding the "wipes," as defined in rule 3745-50-10 of the Administrative Code, shall be managed according to the applicable rules in Chapters 3745-50 to 3745-273 of the Administrative Code.

(e) Generators shall maintain at the site all of the following documentation.

(i) Name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes.

(ii) Documentation that the one hundred eighty-day accumulation time limit in paragraph (A)(26)(b) of this rule is being met.

(iii) Description of the process the generator is using to ensure the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning.

(f) The solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under Section 301 and Section 402 or Section 307 of the Clean Water Act.

(B) Wastes which are not hazardous wastes. The following wastes are not hazardous wastes:

(1) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. As used in Chapter 3745-51 of the Administrative Code, "household waste" means any waste material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). A resource recovery facility managing municipal waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under the hazardous waste rules, if such facility:

(a) Receives and burns only:

(i) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources); and

(ii) Waste from commercial or industrial sources that does not contain hazardous waste; and

(b) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.

(2) Wastes generated by any of the following and which are returned to the soils as fertilizers:

(a) The growing and harvesting of agricultural crops.

(b) The raising of animals, including animal manures.

(3) Mining overburden returned to the mine site.

(4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste, generated primarily from the combustion of coal or other fossil fuels, except as provided by rule 3745-266-112 of the Administrative Code for facilities that burn or process hazardous waste.

(5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.

(6)

(a) Wastes which fail the test for the toxicity characteristic because chromium is present or are listed as a hazardous waste in rules 3745-51-30 to 3745-51-35 of the Administrative Code due to the presence of chromium, which do not fail the test for the toxicity characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:

(i) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and

(ii) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and

(iii) The waste is typically and frequently managed in non-oxidizing environments.

(b) Specific wastes which meet the standards in paragraphs (B)(6)(a)(i), (B)(6)(a)(ii), and (B)(6)(a)(iii) of this rule (so long as they do not fail the test for the toxicity characteristic for any other constituent, and do not exhibit any other characteristic) are:

(i) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(ii) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(iii) Buffing dust generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue.

(iv) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(v) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(vi) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.

(vii) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.

(viii) Wastewater treatment sludges from the production of titanium dioxide pigment using chromium-bearing ores by the chloride process.

(7) Waste from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock, and overburden from the mining of uranium ore), except as provided by rule 3745-266-112 of the Administrative Code for facilities that burn or process hazardous waste.

(a) For the purposes of paragraphs (B)(7) to (B)(7)(c)(ii) of this rule, beneficiation of ores and minerals is restricted to the following activities:

(i) Crushing;

(ii) Grinding;

(iii) Washing;

(iv) Dissolution;

(v) Crystallization;

(vi) Filtration;

(vii) Sorting;

(viii) Sizing;

(ix) Drying;

(x) Sintering;

(xi) Pelletizing;

(xii) Briquetting .

(xiii) Calcining to remove water or carbon dioxide;

(xiv) Roasting, autoclaving, or chlorination in preparation for leaching [except where the roasting ( or autoclaving or chlorination) and leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing];

(xv) Gravity concentration;

(xvi) Magnetic separation;

(xvii) Electrostatic separation;

(xviii) Flotation;

(xix) Ion exchange;

(xx) Solvent extraction;

(xxi) Electrowinning;

(xxii) Precipitation;

(xxiii) Amalgamation; and

(xxiv) Heap, dump, vat, tank, and in situ leaching.

(b) For the purposes of paragraphs (B)(7) to (B)(7)(c)(ii) of this rule, waste from the processing of ores and minerals includes only the following wastes as generated:

(i) Slag from primary copper processing;

(ii) Slag from primary lead processing;

(iii) Red and brown muds from bauxite refining;

(iv) Phosphogypsum from phosphoric acid production;

(v) Slag from elemental phosphorus production;

(vi) Gasifier ash from coal gasification;

(vii) Process wastewater from coal gasification;

(viii) Calcium sulfate wastewater treatment plant sludge from primary copper processing;

(ix) Slag tailings from primary copper processing;

(x) Fluorogypsum from hydrofluoric acid production;

(xi) Process wastewater from hydrofluoric acid production;

(xii) Air pollution control dust or sludge from iron blast furnaces;

(xiii) Iron blast furnace slag;

(xiv) Treated residue from roasting or leaching of chrome ore;

(xv) Process wastewater from primary magnesium processing by the anhydrous process;

(xvi) Process wastewater from phosphoric acid production;

(xvii) Basic oxygen furnace and open hearth furnace air pollution control dust or sludge from carbon steel production;

(xviii) Basic oxygen furnace and open hearth furnace slag from carbon steel production;

(xix) Chloride process waste solids from titanium tetrachloride production; and

(xx) Slag from primary zinc processing.

(c) A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under paragraphs (B) to (B)(15)(e) of this rule if the owner or operator:

(i) Processes at least fifty per cent by weight normal beneficiation raw materials or normal mineral processing raw materials; and

(ii) Legitimately reclaims the secondary mineral processing materials.

(8) Cement kiln dust waste, except as provided by rule 3745-266-112 of the Administrative Code for facilities that burn or process hazardous waste.

(9) Waste which consists of discarded arsenical-treated wood or wood products which fails the test for the toxicity characteristic for EPA hazardous waste numbers D004 to D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.

(10) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic of rule 3745-51-24 of the Administrative Code (EPA hazardous waste numbers D018 to D043 only) and are subject to the corrective action regulations under Chapter 1301:7-9 of the Administrative Code.

(11) Injected ground water that is hazardous only because it exhibits the toxicity characteristic (EPA hazardous waste numbers D018 to D043 only) in rule 3745-51-24 of the Administrative Code that is reinjected through an underground injection well pursuant to free phase hydrocarbon recovery operations undertaken at petroleum refineries, petroleum marketing terminals, petroleum bulk plants, petroleum pipelines, and petroleum transportation spill sites until January 25, 1993. This extension applies to recovery operations in existence, or for which contracts have been issued, on or before March 25, 1991. For ground water returned through infiltration galleries from such operations at petroleum refineries, marketing terminals, and bulk plants, this extension applies until October 2, 1991. New operations involving injection wells (beginning after March 25, 1991) will qualify for this compliance date extension (until January 25, 1993) only if:

(a) Operations are performed pursuant to a written state agreement or order that includes a provision to assess the ground water and the need for further remediation once the free phase recovery is completed; and

(b) A copy of the written agreement or order has been submitted to "Ohio EPA, Division of Materials and Waste Management, P.O. Box 1049, Columbus, OH" 43216-1049.

(12) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.

(13) Non-terne plated used oil filters that are not mixed with waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code if these oil filters have been gravity hot-drained using one of the following methods:

(a) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;

(b) Hot-draining and crushing;

(c) Dismantling and hot-draining; or

(d) Any other equivalent hot-draining method which will remove used oil.

(14) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.

(15) Leachate or gas condensate collected from landfills where certain wastes have been disposed, provided that:

(a) The wastes disposed would meet one or more of the listing descriptions for the following:

(i) EPA hazardous waste numbers K169, K170, K171, and K172 if these wastes had been generated after February 8, 1999;

(ii) EPA hazardous waste numbers K174, K175, K176, K177, and K178, if these wastes had been generated after May 20, 2002;

(iii) EPA hazardous waste number K181 if these wastes had been generated after August 23, 2005;

(b) The wastes described in the following:

(i) Paragraph (B)(15)(a)(i) of this rule were disposed prior to February 8, 1999;

(ii) Paragraph (B)(15)(a)(ii) of this rule were disposed prior to May 20, 2002;

(iii) Paragraph (B)(15)(a)(iii) of this rule were disposed prior to August 23, 2005;

(c) The leachate or gas condensate do not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste .

(d) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under Section 307(b) or Section 402 of the Clean Water Act.

(e) As of February 13, 2001, leachate or gas condensate derived from K169 to K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate derived from K181 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. After November 21, 2003, leachate or gas condensate derived from K176, K177, and K178 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: If the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this paragraph after the emergency ends.

(16) Reserved.

(17) Reserved.

(18) "Solvent-contaminated wipes," except for "wipes" (both terms are defined in rule 3745-50-10 of the Administrative Code) that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal are not hazardous wastes from the point of generation provided that all of the following:

(a) The solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The containers shall be able to contain free liquids, should free liquids occur. During accumulation, a container is considered closed when there is complete contact between the fitted lid and the rim, except when it is necessary to add or remove solvent-contaminated wipes. When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container shall be sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions.

(b) The solvent-contaminated wipes may be accumulated by the generator for up to one hundred eighty days from the start date of accumulation for each container prior to being sent for disposal.

(c) At the point of being transported for disposal, the solvent-contaminated wipes shall contain "no free liquids" as defined in rule 3745-50-10 of the Administrative Code.

(d) Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes shall be managed according to the applicable rules in Chapters 3745-50 to 3745-273 of the Administrative Code.

(e) Generators shall maintain at the site all of the following documentation:

(i) Name and address of the landfill or combustor that is receiving the solvent-contaminated wipes.

(ii) Documentation that the one hundred eighty-day accumulation time limit in paragraph (B)(18)(b) of this rule is being met.

(iii) Description of the process the generator is using to ensure solvent-contaminated wipes contain no free liquids at the point of being transported for disposal.

(f) The solvent-contaminated wipes are sent directly according to any of the following:

(i) For disposal to a sanitary landfill regulated under Chapter 3745-27 of the Administrative code and that complies with rule 3745-27-08 of the Administrative code and is permitted, licensed, or otherwise authorized by Ohio, or is permitted, licensed, or otherwise authorized by another state that that allows the disposal of contaminated wipes in such landfill.

(ii) For disposal to a permitted hazardous waste landfill unit regulated under Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code, including rule 3745-57-03 of the Administrative Code, or is an authorized hazardous waste landfill in another authorized state.

(iii) To a municipal waste combustor or other combustion facility regulated under Section 129 of the Clean Air Act or to a hazardous waste combustor, boiler, or industrial furnace regulated under Chapters 3745-54 to 3745-57 and 3745-205, or Chapters 3745-65 to 3745-69 and 3745-256, or rules 3745-266-100 to 3745-266-112 of the Administrative Code.

(C) Hazardous wastes which are exempted from certain rules. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under Chapters 3745-52 to 3745-256 or 3745-270 or rules 3745-50-40 to 3745-50-235 of the Administrative Code, or to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than ninety days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials.

(D) Samples.

(1) Except as provided in paragraph (D)(2) of this rule, a sample of waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to Chapters 3745-51 to 3745-270 or rules 3745-50-40 to 3745-50-235 of the Administrative Code or to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, when:

(a) The sample is being transported to a laboratory for the purpose of testing;

or

(b) The sample is being transported back to the sample collector after testing;

or

(c) The sample is being stored by the sample collector before transport to a laboratory for testing; or

(d) The sample is being stored in a laboratory before testing; or

(e) The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or

(f) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).

(2) In order to qualify for the exemption in paragraphs (D)(1)(a) and (D)(1)(b) of this rule, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector shall:

(a) U.S. department of transportation (DOT), U.S. postal service (USPS), or any other applicable shipping requirements; or

(b) Both of the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample.

(i) Assure that the following information accompanies the sample:

(a) The sample collector's name, mailing address, and telephone number;

(b) The laboratory's name, mailing address, and telephone number;

(c) The quantity of the sample;

(d) The date of shipment; and

(e) A description of the sample.

(ii) Package the sample so that it does not leak, spill, or vaporize from its packaging.

(3) This exemption does not apply if the laboratory determines that the waste is hazardous, but the laboratory is no longer meeting any of the conditions stated in paragraph (D)(1) of this rule.

(E) Treatability study samples.

(1) Except as provided in paragraph (E)(2) of this rule, persons who generate or collect samples for the purpose of conducting "treatability studies" as defined in rule 3745-50-10 of the Administrative Code, are not subject to Chapters 3745-51 to 3745-53 of the Administrative Code or to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, nor are such samples included in the quantity determinations of paragraph (D) of rule 3745-52-34 and rule 3745-51-05 of the Administrative Code when:

(a) The sample is being collected and prepared for transportation by the generator or sample collector; or

(b) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or

(c) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.

(2) The exemption in paragraph (E)(1) of this rule is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:

(a) The generator or sample collector uses (in "treatability studies") no more than ten thousand kilograms of media contaminated with non-acute hazardous waste, one thousand kilograms of non-acute hazardous waste other than contaminated media, one kilogram of acute hazardous waste, two thousand five hundred kilograms of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream; and

(b) The mass of each sample shipment does not exceed ten thousand kilograms; the ten thousand kilograms quantity may be all media contaminated with non-acute hazardous waste, or may include two thousand five hundred kilograms of media contaminated with acute hazardous waste, one thousand kilograms of hazardous waste, and one kilogram of acute hazardous waste; and

(c) The sample shall be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of paragraph (E)(2)(c)(i) or (E)(2)(c)(ii) of this rule are met.

(i) The transportation of each sample shipment complies with DOT, USPS, or any other applicable shipping requirements: or

(ii) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information shall accompany the sample:

(a) The name, mailing address, and telephone number of the originator of the sample;

(b) The name, address, and telephone number of the facility that will perform the treatability study;

(c) The quantity of the sample;

(d) The date of shipment; and

(e) A description of the sample, including its EPA hazardous waste number.

(d) The sample is shipped to a laboratory or testing facility which is exempt under paragraph (F) of this rule or has an appropriate RCRA permit or interim status or, in Ohio, is operating under an Ohio hazardous waste permit or permit by rule.

(e) The generator or sample collector maintains the following records for a period ending three years after completion of the treatability study:

(i) Copies of the shipping documents;

(ii) A copy of the contract with the facility conducting the treatability study;

(iii) Documentation showing:

(a) The amount of waste shipped under this exemption ;

(b) The name, address, and U.S. EPA identification number of the laboratory or testing facility that received the waste;

(c) The date the shipment was made; and

(d) Whether or not unused samples and residues were returned to the generator.

(f) The generator reports the information required under paragraph (E)(2)(e)(iii) of this rule in its biennial report (as required by rule 3745-52-41 of the Administrative Code).

(3) The director may grant requests, on a case-by-case basis, for up to an additional two years for treatability studies involving bioremediation. The director may grant requests on a case-by-case basis for quantity limits in excess of those specified in paragraphs (E)(2)(a) and (E)(2)(b) and (F)(4) of this rule, for up to an additional five thousand kilograms of media contaminated with non-acute hazardous waste, five hundred kilograms of non-acute hazardous waste, two thousand five hundred kilograms of media contaminated with acute hazardous waste, and one kilogram of acute hazardous waste:

(a) In response to requests for authorization to ship, store, and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time or quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.

(b) In response to requests for authorization to ship, store, and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when:

(i) There has been an equipment or mechanical failure during the conduct of a treatability study;

(ii) There is a need to verify the results of a previously conducted treatability study;

(iii) There is a need to study and analyze alternative techniques within a previously evaluated treatment process; or

(iv) There is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

(c) The additional quantities and timeframes allowed in paragraphs (E)(3)(a) and (E)(3)(b) of this rule are subject to all the provisions in paragraphs (E)(1) and (E)(2)(c) to (E)(2)(f) of this rule. The generator or sample collector shall apply to the director in writing and shall provide in writing the following information:

(i) The reason why the generator or sample collector requires additional time or quantity of sample for treatability study evaluation, and the additional time or quantity needed;

(ii) Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study;

(iii) A description of the technical modifications or change in specifications which will be evaluated and the expected results;

(iv) If such further study is being required due to equipment or mechanical failure, the applicant shall include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and

(v) Such other information that the director considers necessary.

(F) Samples undergoing treatability studies at laboratories and testing facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to hazardous waste requirements) are not subject to Chapters 3745-51 to 3745-270 or rules 3745-50-40 to 3745-50-235 of the Administrative Code or to requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, provided that the conditions of paragraphs (F)(1) to (F)(11) of this rule are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to paragraphs (F)(1) to (F)(11) of this rule. Where a group of MTUs are located at the same site, the limitations specified in paragraphs (F)(1) to (F)(11) of this rule apply to the entire group of MTUs collectively as if the group were one MTU.

(1) No less than forty-five days before conducting treatability studies, the facility notifies the director in writing that it intends to conduct treatability studies under paragraphs (F) to (F)(11) of this rule.

(2) The laboratory or testing facility conducting the treatability study has a U.S. EPA identification number.

(3) No more than a total of ten thousand kilograms of "as received" media contaminated with non-acute hazardous waste, two thousand five hundred kilograms of media contaminated with acute hazardous waste, or two hundred fifty kilograms of other "as received" hazardous waste is subject to initiation of treatment in all treatability studies in any single day. "As received" waste refers to the waste as received in the shipment from the generator or sample collector.

(4) The quantity of "as received" hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed ten thousand kilograms, the total of which can include ten thousand kilograms of media contaminated with non-acute hazardous waste, two thousand five hundred kilograms of media contaminated with acute hazardous waste, one thousand kilograms of non-acute hazardous wastes other than contaminated media, and one kilogram of acute hazardous waste. This quantity limitation does not include treatment materials (including nonhazardous waste) added to "as received" hazardous waste.

(5) No more than ninety days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to five hundred kilograms of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.

(6) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.

(7) The facility maintains records for three years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information shall be included for each treatability study conducted:

(a) The name, address, and U.S. EPA identification number of the generator or sample collector of each waste sample;

(b) The date the shipment was received;

(c) The quantity of waste accepted;

(d) The quantity of "as received" waste in storage each day;

(e) The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day;

(f) The date the treatability study was concluded; and

(g) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the U.S. EPA identification number.

(8) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending three years from the completion date of each treatability study.

(9) The facility prepares and submits a report to the director by March fifteenth of each year includes the following information for the previous calendar year:

(a) The name, address, and U.S. EPA identification number of the facility conducting the treatability studies;

(b) The types (by process) of treatability studies conducted;

(c) The names and addresses of persons for whom studies have been conducted (including the U.S. EPA identification numbers);

(d) The total quantity of waste in storage each day;

(e) The quantity and types of waste subjected to treatability studies;

(f) When each treatability study was conducted; and

(g) The final disposition of residues and unused sample from each treatability study.

(10) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under rule 3745-51-03 of the Administrative Code and, if so, are subject to Chapters 3745-51 to 3745-270 and rules 3745-50-40 to 3745-50-235 of the Administrative Code, unless the residues and unused samples are returned to the sample originator under the exemption in paragraph (E) of this rule.

(11) The facility notifies the director by letter when the facility is no longer planning to conduct any treatability studies at the site.

(G) Dredged material that is not a hazardous waste. Dredged material that is subject to a permit that has been issued under Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) or Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1413 ) is not a hazardous waste. For paragraphs (G) to (G)(2)(c) of this rule, the following definitions apply:

(1) The term "dredged material" has the same meaning as in 40 CFR 232.2 .

(2) The term "permit" means one of the following:

(a) A permit issued by the U.S. army corps of engineers (corps) or an approved state under Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) .

(b) A permit issued by the corps under Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1413 ) .

(c) In the case of corps civil works projects, the administrative equivalent of the permits referred to in paragraphs (G)(2)(a) and (G)(2)(b) of this rule, as provided for in corps regulations (for example, see 33 CFR 336.1, 336.2, and 337.6 ).

(H) Carbon dioxide stream injected for geologic sequestration. Carbon dioxide streams that are captured and transported for purposes of injection into an underground injection well subject to the requirements for "Class VI" underground injection control wells, including the requirements in 40 CFR Part 144 and 40 CFR Part 146 of the underground injection control program of the Safe Drinking Water Act, are not a hazardous waste, provided the conditions in 40 CFR 261.4(h) are met.

[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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 11/29/1983, 08/30/1984, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 12/08/1988, 12/30/1989, 06/29/1990, 02/11/1992, 04/15/1993, 02/14/1995, 09/02/1997, 10/20/1998, 12/07/2000, 07/27/2001, 03/13/2002, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012

3745-51-05 Special requirements for hazardous waste generated by conditionally exempt small quantity generators.

(A) A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than one hundred kilograms of hazardous waste in that month.

(B) Except for those wastes identified in paragraphs (E), (F), (G), and (J) of this rule, a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, or 3745-270 or rules 3745-50-40 to 3745-50-235 of the Administrative Code or the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, provided the generator complies with paragraphs (F), (G), and (J) of this rule.

(C) When making the quantity determinations of Chapters 3745-51 and 3745-52 of the Administrative Code, the generator shall include all hazardous waste that it generates, except hazardous waste that:

(1) Is exempt from regulation under paragraphs (C) to (F) of rule 3745-51-04, paragraph (A)(3) of rule 3745-51-06, paragraph (A)(1) of rule 3745-51-07, or rule 3745-51-08 of the Administrative Code; or

(2) Is managed immediately upon generation only in "on-site elementary neutralization units," "wastewater treatment units," or "totally enclosed treatment facilities" as defined in rule 3745-50-10 of the Administrative Code; or

(3) Is recycled, without prior storage or accumulation, only in an on-site process subject to paragraph (C)(2) of rule 3745-51-06 of the Administrative Code; or

(4) Is used oil managed under paragraph (A)(4) of rule 3745-51-06 and Chapter 3745-279 of the Administrative Code; or

(5) Is spent lead-acid batteries managed under rule 3745-266-80 of the Administrative Code; or

(6) Is universal waste managed under rule 3745-51-09 and Chapter 3745-273 of the Administrative Code;

(7) Is a hazardous waste that is an unused commercial chemical product (listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code or exhibiting one or more characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to rule 3745-52-213 of the Administrative Code. For purposes of this paragraph, the term "eligible academic entity" has the meaning as in rule 3745-52-200 of the Administrative Code.

(D) In determining the quantity of hazardous waste generated, a generator need not include:

(1) Hazardous waste when it is removed from on-site storage; or.

(2) Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, in accordance with paragraphs (F)(3) and (G)(3) of this rule, so long as the hazardous waste that is treated was counted once; or

(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.

(E) If a generator generates acute hazardous waste in a calendar month in quantities greater than those in paragraphs (E)(1) and (E)(2) of this rule, all quantities of that acute hazardous waste are subject to full regulation under Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 and rules 3745-50-40 to 3745-50-235 of the Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity:

(1) A total of one kilogram of acute hazardous wastes listed in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative Code .

(2) A total of one hundred kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative Code.

[Comment: "Full regulation" means those rules applicable to generators of one thousand kilograms or greater of hazardous waste in a calendar month.]

(F) In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those in paragraph (E)(1) or (E)(2) of this rule to be excluded from full regulation under this rule, the generator shall comply with the following requirements:

(1) Rule 3745-52-11 of the Administrative Code .

(2) The generator may accumulate acute hazardous waste on-site. If he accumulates at any time acute hazardous wastes in quantities greater than those in paragraph (E)(1) or (E)(2) of this rule, all of those accumulated wastes are subject to regulation under Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270, and rules 3745-50-40 to 3745-50-235 of the Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity. The time period of paragraph (A) of rule 3745-52-34 of the Administrative Code for accumulation of wastes on-site begins when the accumulated wastes exceed the applicable exclusion limit in paragraph (E)(1) or (E)(2) of this rule; and

(3) A conditionally exempt small quantity generator may either treat or dispose of his acute hazardous waste in an on-site facility or ensure delivery to an off-site storage, treatment, or disposal facility, either of which, if located in the U.S., is:

(a) Permitted under rules 3745-50-40 to 3745-50-235 of the Administrative Code; or

(b) Operating under a permit by rule as described in paragraph (C) of rule 3745-50-40 of the Administrative Code; or

(c) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271; or

(d) Permitted, licensed, or registered by a state other than Ohio to manage municipal solid waste and, if managed in a municipal solid waste landfill, is subject to 40 CFR Part 258 and applicable state law; or

(e) Permitted, licensed, or registered by a state other than Ohio to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, is subject to 40 CFR 257.5 to 40 CFR 257.30 and applicable state law; or

(f) A facility which is operating under paragraph (C)(2) of rule 3745-51-06 of the Administrative Code; or

(g) For universal waste managed under Chapter 3745-273 of the Administrative Code, a universal waste handler or destination facility subject to Chapter 3745-273 of the Administrative Code.

(G) In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of one hundred kilograms or less of hazardous waste during a calendar month to be excluded from full regulation under this rule, the generator shall comply with the following :

(1) Rule 3745-52-11 of the Administrative Code;

(2) The conditionally exempt small quantity generator may accumulate hazardous waste on-site. If he accumulates at any time one thousand kilograms or greater of his hazardous wastes, all of those accumulated wastes are subject to regulation under the special provisions of Chapter 3745-52 of the Administrative Code applicable to generators of greater than one hundred kilograms and less than one thousand kilograms of hazardous waste in a calendar month, as well as Chapters 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 and rules 3745-50-40 to 3745-50-235 of the Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity. The time period of paragraph (D) of rule 3745-52-34 of the Administrative Code for accumulation of wastes on-site begins for a conditionally exempt small quantity generator when the accumulated wastes equal or exceed one thousand kilograms;

(3) A conditionally exempt small quantity generator may either treat or dispose of his hazardous waste in an on-site facility, or ensure delivery to an off-site storage, treatment, or disposal facility, either of which, if located in the U.S., is:

(a) Permitted under rules 3745-50-40 to 3745-50-235 of the Administrative Code; or

(b) Operating under a permit by rule as described in paragraph (C) of rule 3745-50-40 of the Administrative Code; or

(c) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271; or

(d) Permitted, licensed, or registered by a state other than Ohio to manage municipal solid waste and, if managed in a municipal solid waste landfill, is subject to 40 CFR Part 258 and applicable state law; or

(e) Permitted, licensed, or registered by a state other than Ohio to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, is subject to 40 CFR 257.5 to 40 CFR 257.30 and applicable state law; or

(f) A facility which is operating under paragraph (C)(2) of rule 3745-51-06 of the Administrative Code; or

(g) For universal waste managed under Chapter 3745-273 of the Administrative Code, a universal waste handler or destination facility subject to Chapter 3745-273 of the Administrative Code.

(H) Hazardous waste subject to the reduced requirements of this rule may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this rule, unless the mixture meets any of the characteristics of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.

(I) If any person mixes a waste with a hazardous waste that exceeds a quantity exclusion level of this rule, the mixture is subject to full regulation.

(J) If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to Chapter 3745-279 of the Administrative Code. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated.

[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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 01/30/1986, 09/22/1986, 12/08/1988, 12/30/1989, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 07/27/2001, 03/13/2002, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012

3745-51-06 Requirements for recyclable materials.

(A) Recyclable materials.

(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (B) and (C) of this rule, except for the materials listed in paragraphs (A)(2), (A)(3), and (A)(4) of this rule. Hazardous wastes that are recycled will be known as "recyclable materials."

(2) The following recyclable materials are not subject to the requirements of this rule but are regulated under Chapter 3745-266 of the Administrative Code and all applicable provisions of Chapter 3745-270 and rules 3745-50-40 to 3745-50-235 of the Administrative Code:

(a) Recyclable materials used in a manner constituting disposal (rules 3745-266-20 to 2745-266-23 of the Administrative Code) .

(b) Hazardous wastes burned [as "burn" is defined in paragraph (A) of rule 3745-266-100 of the Administrative Code] for energy recovery in boilers and industrial furnaces that are not regulated under rules 3745-57-40 to 3745-57-51 or 3745-68-40 to 3745-68-52 of the Administrative Code (rules 3745-266-100 to 3745-266-112 of the Administrative Code) .

(c) Recyclable materials from which precious metals are reclaimed (rule 3745-266-70 of the Administrative Code) .

(d) Spent lead-acid batteries that are being reclaimed (rule 3745-266-80 of the Administrative Code).

(3) The following recyclable materials are not subject to regulation under rules 3745-50-40 to 3745-50-235 or Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code, or 40 CFR Part 262 subpart E, and are not subject to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity:

(a) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in 40 CFR 262.58:

(i) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, shall comply with the requirements applicable to a "primary exporter" in 40 CFR 262.53, 40 CFR 262.56(a)(1) to (a)(4), (a)(6), and (b) and 40 CFR 262.57, export such materials only upon consent of the "receiving country" and in conformance with the "EPA Acknowledgement of Consent" as defined in 40 CFR Part 262 subpart E, and provide a copy of the "EPA Acknowledgement of Consent" to the shipment to the transporter transporting the shipment for export .

[Comment 1: The terms "primary exporter," "receiving country," and "EPA Acknowledgement of Consent" are defined in 40 CFR 262.51.]

[Comment 2: 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 U.S. is solely regulated by the federal government.]

(ii) A transporter transporting a shipment for export may not accept a shipment if the transporter knows the shipment does not conform to the "EPA Acknowledgement of Consent," shall ensure that a copy of the "EPA Acknowledgement of Consent" accompanies the shipment, and shall ensure that it is delivered to the facility designated by the person initiating the shipment.

(b) Scrap metal that is not excluded under paragraph (A)(13) of rule 3745-51-04 of the Administrative Code .

(c) Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility, if such wastes result from normal petroleum refining, production, and transportation practices [this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under paragraph (A)(12)(b) of rule 3745-51-04 of the Administrative Code] .

(d) Oil and fuel produced from oil-bearing hazardous wastes.

(i) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under rule 3745-279-11 of the Administrative Code and so long as no other hazardous wastes are used to produce the hazardous waste fuel .

(ii) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under rule 3745-279-11 of the Administrative Code .

(iii) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil specification under rule 3745-279-11 of the Administrative Code.

(4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code, but is regulated under Chapter 3745-279 of the Administrative Code. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.

(5) Hazardous waste that is exported to or imported from designated member countries of the "Organization for Economic Cooperation and Development" (OECD) [as defined in 40 CFR 262.58(a)(1) ] for purpose of recovery is subject to the requirements of 40 CFR Part 262 subpart H, if it is subject to either the federal manifesting requirements of 40 CFR Part 262, or to the universal waste management standards of Chapter 3745-273 of the Administrative Code.

(B) Generators and transporters of recyclable materials are subject to the applicable requirements of Chapters 3745-52 and 3745-53 of the Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, except as provided in paragraph (A) of this rule.

(C) Recyclable materials that are stored before being recycled, recycled without storage, or entered into a recycling process within seventy-two hours.

(1) Owners or operators of facilities that store recyclable materials before the materials are recycled shall obtain a hazardous waste installation and operation permit in accordance with Chapter 3734. of the Revised Code, except as provided in paragraph (C)(3)(a) of this rule, and are regulated under all applicable provisions of Chapters 3745-54, 3745-55, 3745-65, 3745-66, 3745-266, and 3745-270, and rules 3745-50-40 to 3745-50-235, 3745-56-20 to 3745-56-31, 3745-56-50 to 3745-56-59, 3745-67-20 to 3745-67-30, and 3745-67-50 to 3745-67-60 of the Administrative Code and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, except as provided in paragraph (A) of this rule. (The recycling process itself is exempt from regulation.)

(2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to all of the following requirements, except as provided in paragraph (A) of this rule:

(a) The requirement to notify Ohio EPA or U.S. EPA of regulated waste activity .

(b) Rules 3745-65-71 and 3745-65-72 of the Administrative Code (dealing with the use of the manifest and manifest discrepancies).

(c) Reserved.

(3) Limited storage prior to recycling.

(a) Owners or operators of facilities that enter recyclable materials into a recycling process within seventy-two hours after arrival at the facility, except as provided in paragraph (A)(2) of this rule, may store recyclable materials in containers, tanks, or containment buildings without an Ohio hazardous waste permit, provided that all of the following requirements are met:

(i) The notification and U.S. EPA identification number requirements of rule 3745-65-11 of the Administrative Code. A description of the recycling process shall be provided in the comments section of the notification form. The owner or operator shall renotify when there is a change in the recycling process or when the recycling operations cease .

(ii) The requirements for container management of rules 3745-66-71 to 3745-66-77 of the Administrative Code .

(iii) The requirements for tank management of rules 3745-66-90 to 3745-66-96, 3745-66-98, 3745-66-99, and paragraphs (A) and (B) of rule 3745-66-97 of the Administrative Code .

(iv) The requirements for containment buildings of rules 3745-256-100 to 3745-256-101 of the Administrative Code .

(v) The security requirements of rule 3745-65-14 of the Administrative Code .

(vi) The inspection requirements of rule 3745-65-15 of the Administrative Code .

(vii) The personnel training requirements of rule 3745-65-16 of the Administrative Code .

(viii) The requirements for ignitable wastes, reactive wastes, or incompatible wastes of rule 3745-65-17 of the Administrative Code .

(ix) The preparedness and prevention requirements of rules 3745-65-30 to 3745-65-37 of the Administrative Code .

(x) The contingency plan and emergency procedures requirements of rules 3745-65-50 to 3745-65-56 of the Administrative Code .

(xi) The manifest system, recordkeeping, and reporting requirements of rules 3745-65-70 to 3745-65-72 of the Administrative Code .

(xii) The operating record requirements of paragraphs (A) and (B)(3) to (B)(14) of rule 3745-65-73 of the Administrative Code .

(xiii) Maintain an inventory log in the operating record containing this information for three years:

(a) The date and time when the recyclable material arrived at the facility .

(b) The quantity and type of material received .

(c) The name and address of the facility where the recyclable materials shipment originated .

(d) The date and time that the recyclable material was placed into the recycling process .

(xiv) The availability, retention, and disposition of records requirements of rule 3745-65-74 of the Administrative Code .

(xv) The biennial report requirements of rule 3745-65-75 of the Administrative Code .

(xvi) The unmanifested waste report requirements of rule 3745-65-76 of the Administrative Code .

(xvii) The additional reports requirements of rule 3745-65-77 of the Administrative Code .

(xviii) The closure requirements of paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code .

(xix) The financial assurance requirements of rule 3745-51-100 of the Administrative Code.

(xx) The owner or operator shall give advance notice to the director of any anticipated noncompliance with the seventy-two hour time limit for storage. This notice shall contain all of the following:

(a) The cause of the anticipated noncompliance .

(b) The name, address, and telephone number of the owner or operator .

(c) The name, address, and telephone number of the facility .

(d) The date and time of the anticipated noncompliance .

(e) The name and quantity of materials involved .

(f) The estimated time frame for noncompliance.

(b) Owners or operators of facilities that do not enter recyclable materials into a recycling process within seventy-two hours after arrival at the facility, except as provided in paragraph (A)(2) of this rule, are subject to the requirements of paragraph (C)(1) of this rule.

(D) Reserved.

[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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 05/28/1987, 12/08/1988, 12/30/1989, 09/02/1997, 10/20/1998, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012

3745-51-07 Residues of hazardous waste in empty containers.

(A)

(1) Any hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as described in paragraph (B) of this rule, is not subject to regulation under rules 3745-50-40 to 3745-50-235 or Chapters 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, or 3745-270 of the Administrative Code or to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

(2) Any hazardous waste in either a container that is not empty or an inner liner removed from a container that is not empty, as described in paragraph (B) of this rule, is subject to regulation under rules 3745-50-40 to 3745-50-235 and Chapters 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code and to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

(B)

(1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative Code, is empty if:

(a) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating; and

(b) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner; or

(c)

(i) No more than three per cent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to one hundred nineteen gallons in size; or

(ii) No more than 0.3 per cent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than one hundred nineteen gallons in size.

(2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.

(3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative Code is empty if:

(a) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;

(b) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or

(c) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 05/22/1981 (Emer.), 08/26/1981 (Emer.), 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 12/30/1989, 12/07/2000, 12/07/2004, 02/16/2009

3745-51-08 PCB wastes regulated under the Toxic Substances Control Act.

The disposal of polychlorinated byphenyl (PCB)-containing dielectric fluids and electric equipment containing such fluids authorized for use and regulated under 40 CFR Part 761 and that are hazardous only because they fail the test for the toxicity characteristic leaching procedure (EPA hazardous waste numbers D018 to D043 only) are exempt from regulation under Chapters 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-270 of the Administrative Code, rules 3745-50-40 to 3745-50-235 of the Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

[ 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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 02/11/1992, 12/07/2000, 12/07/2004, 02/16/2009

3745-51-09 Requirements for universal waste.

The wastes listed in this rule are exempt from regulation under Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code and rules 3745-50-40 to 3745-50-235 of the Administrative Code, except as specified in Chapter 3745-273 of the Administrative Code and, therefore are not fully regulated as hazardous waste. The wastes listed in this rule are subject to regulation under Chapter 3745-273 of the Administrative Code as follows:

(A) Batteries as described in rule 3745-273-02 of the Administrative Code;

(B) Pesticides as described in rule 3745-273-03 of the Administrative Code;

(C) Mercury-containing equipment as described in rule 3745-273-04 of the Administrative Code; and

(D) Lamps as described in rule 3745-273-05 of the Administrative Code.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997, 12/07/2000, 12/07/2004, 02/16/2009

3745-51-10 Criteria for identifying the characteristics of hazardous waste.

The director shall identify and define a characteristic of hazardous waste in rules 3745-51-20 to 3745-51-24 of the Administrative Code only upon determining that:

(A) A waste that exhibits the characteristic may:

(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

(2) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and

(B) The characteristic can be:

(1) Measured by an available standardized test method which is reasonably within the capability of generators of waste or private sector laboratories that are available to serve generators of waste; or

(2) Reasonably detected by generators of waste through knowledge of the wastes.

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 05/29/1985 (Emer.), 08/29/1985, 10/20/1998

3745-51-11 Criteria for listing hazardous waste.

(A) The director will list a waste as a hazardous waste only upon determining that the waste meets one of the following criteria:

(1) The waste exhibits any of the characteristics of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.

(2) The waste has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, the waste has been shown in studies to have an oral LD50 toxicity (rat) of less than fifty milligrams per kilogram, an inhalation LC50 toxicity (rat) of less than two milligrams per liter, or a dermal LD50 toxicity (rabbit) of less than two hundred milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible illness. ( Wastes listed in accordance with these criteria will be designated acute hazardous wastes.)

[Comment: As used in this paragraph, LD (lethal dosage) and LC (lethal concentration) are standard measures of toxicity. A LD50 dosage, and a LC50 concentration, are fatal to fifty per cent of the test subjects.]

(3) The waste contains any of the toxic constituents listed in the appendix to this rule and, after considering the following factors, the director concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed:

(a) The nature of the toxicity presented by the constituent .

(b) The concentration of the constituent in the waste .

(c) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in paragraph (A)(3)(g) of this rule .

(d) The persistence of the constituent or any toxic degradation product of the constituent .

(e) The potential for the constituent or any toxic degradation product of the constituent to degrade into nonharmful constituents and the rate of degradation .

(f) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems .

(g) The plausible types of improper management to which the waste could be subjected .

(h) The quantities of the waste generated at individual generation sites or on a regional or national basis .

(i) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent .

(j) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent .

(k) Such other factors as may be appropriate. Substances will be listed in the appendix to this rule only if those substances have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. (Wastes listed in accordance with these criteria will be designated toxic wastes.)

(B) The director may list classes or types of waste as hazardous waste if the director has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of "hazardous waste" in Section 1004(5) of the Resource Conservation and Recovery Act.

(C) The director will use the criteria for listing specified in this rule to establish the exclusion limits referred to in rule 3745-51-05 of the Administrative Code.

(D) The director shall not list any waste that the administrator delisted or excluded by an amendment to the federal regulations, any waste that the administrator declined to list by publishing a denial of a rulemaking petition or by withdrawal of a proposed listing in the Federal Register after May 18, 1980, or any waste oil or polychlorinated biphenyl not listed by the administrator.

[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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/29/1985 (Emer.), 08/29/1985, 06/29/1990, 02/11/1992, 04/15/1993, 02/14/1995, 09/02/1997, 12/07/2000, 12/07/2004, 02/16/2009

3745-51-20 Characteristics of hazardous waste- general.

(A) A "waste," as defined in rule 3745-51-02 of the Administrative Code, which is not excluded from regulation as a hazardous waste under paragraph (B) of rule 3745-51-04 of the Administrative Code, is a hazardous waste if the waste exhibits any of the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.

[Comment: Rule 3745-52-11 of the Administrative Code provides the generator's responsibility to determine whether his waste exhibits one or more of the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.]

(B) A hazardous waste which is identified by a characteristic identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code is assigned every EPA hazardous waste number that is applicable as identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code. This number shall be used in complying with the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity and all applicable recordkeeping and reporting requirements of Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270, and rules 3745-50-40 to 3745-50-235 of the Administrative Code.

(C) For the purposes of rules 3745-51-20 to 3745-51-24 of the Administrative Code, the director will consider a sample obtained using any of the applicable sampling methods specified in the appendix to this rule to be a representative sample within the meaning of Chapter 3745-50 of the Administrative Code.

[Comment 1: Since the sampling methods in the appendix to this rule are not being formally adopted by Ohio EPA, a person who wishes to employ an alternative sampling method, including previously approved equivalent ASTM methods, is not required to demonstrate the equivalency of his method under the procedures in 40 CFR 260.20 and 40 CFR 260.21.]

[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: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/29/1985 (Emer.), 08/29/1985, 11/13/1987, 12/30/1989, 02/11/1992, 09/02/1997, 12/07/2000, 12/07/2004, 02/16/2009

3745-51-21 Characteristic of ignitability.

(A) A waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

(1) It is a liquid, other than an aqueous solution containing less than twenty-four per cent alcohol by volume, and has a flash point less than sixty degrees Celsius (C) [one hundred forty degrees Fahrenheit (F)], as determined by a "Pensky-Martens Closed Cup Tester," using the test method specified in "ASTM Standard D-93-79 or D-93-80," or a "Setaflash Closed Cup Tester," using the test method specified in "ASTM Standard D-3278-78."

(2) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.

(3) It is an ignitable compressed gas.

(a) The term "compressed gas" designates any material or mixture having in the container an absolute pressure exceeding forty pounds per square inch (psi) at seventy degrees F or, regardless of the pressure at seventy degrees F, having an absolute pressure exceeding one hundred four psi at one hundred thirty degrees F; or any liquid flammable material having a vapor pressure exceeding forty psi absolute at one hundred degrees F as determined by "ASTM Test D-323."

(b) A compressed gas is characterized as ignitable if any one of the following occurs:

(i) Either a mixture of thirteen per cent or less (by volume) with air forms a flammable mixture, or the flammable range with air is wider than twelve per cent regardless of the lower limit. These limits are determined at atmospheric temperature and pressure. The method of sampling and test procedure shall be acceptable to the "Bureau of Explosives" and approved by the director of the "Pipeline and Hazardous Materials Safety Administration" of the U.S. department of transportation (U.S. DOT) (see [ Comment 2] of this rule).

(ii) Using the "Bureau of Explosives " flame protection apparatus (see [ Comment 1] of this rule), the flame projects more than eighteen inches beyond the ignition source with valve opened fully, or, the flame flashes back and burns at the valve with any degree of valve opening.

(iii) Using the "Bureau of Explosives " open drum apparatus (see [ Comment 1] of this rule), there is any significant propagation of flame away from the ignition source.

(iv) Using the "Bureau of Explosives " closed drum apparatus (see [ Comment 1] of this rule), there is any explosion of the vapor-air mixture in the drum.

(4) It is an oxidizer. An "oxidizer," for the purpose of this rule, is a substance such as chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter (see [ Comment 4] of this rule).

(a) An organic compound containing the bivalent -O-O- structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals shall be classed as an "organic peroxide" (see [Comment 4] of this rule unless:

(i) The material meets the definition of a "Class 1" explosive in "Division 1.1," "Division 1.2," or "Division 1.3," as described in paragraph (A)(8) of rule 3745-51-23 of the Administrative Code, in which case, it shall be classed as an explosive,

(ii) The material is forbidden to be offered for transportation according to 49 CFR 172.101 and 49 CFR 173.21,

(iii) It is determined that the predominant hazard of the material containing an organic peroxide is other than that of an organic peroxide, or

(iv) According to data on file with the "Pipeline and Hazardous Materials Safety Administration" in the U.S. DOT (see [ Comment 3] of this rule), it has been determined that the material does not present a hazard in transportation.

(b) Reserved.

(B) A waste that exhibits the characteristic of ignitability has the EPA hazardous waste number of D001.

[Comment 1: A description of the "Bureau of Explosives" flame projection apparatus, open drum apparatus, closed drum apparatus, and the method of tests may be procured from the "Bureau of Explosives" at www.boe.aar.com.]

[Comment 2: As part of a U.S. DOT reorganization, the "Office of Hazardous Materials Technology" (OHMT), which was the office listed in the 1980 publication of 49 CFR 173.300 for the purposes of approving sampling and test procedures for a flammable gas, ceased operations on February 20, 2005. OHMT programs moved to the "Pipeline and Hazardous Materials Safety Administration" (PHMSA) in the U.S. DOT.]

[Comment 3: As part of a U.S. DOT reorganization, the "Research and Special Programs Administration" (RSPA) which was the office listed in the 1980 publication of 49 CFR 173.151a for the purposes of determining that a material does not present a hazard in transport, ceased operations on February 20, 2005. RSPA programs moved to the "Pipeline and Hazardous Materials Safety Administration" (PHMSA) in the U.S. DOT.]

[Comment 4: The U.S. DOT regulatory definition of an "oxidizer" is in 49 CFR 173.127, and the definition of an "organic peroxide" is in 49 CFR 173.128 ; see also 49 CFR 173.152. An organic peroxide is a type of oxidizer.]

[Comment 5: 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: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 05/29/1985 (Emer.), 08/29/1985, 02/11/1992, 09/02/1997, 12/07/2004, 02/16/2009

3745-51-22 Characteristic of corrosivity.

(A) A waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:

(1) It is aqueous and has a pH less than or equal to two or greater than or equal to 12.5, as determined by a pH meter using method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" U.S. EPA publication SW-846.

(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 millimeters ( 0.25 inch) per year at a test temperature of fifty-five degrees Celsius (one hundred thirty degrees Fahrenheit) as determined by method 1110A in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" U.S. EPA publication SW-846.

(B) A waste that exhibits the characteristic of corrosivity has the EPA hazardous waste number of D002.

[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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 05/29/1985 (Emer.), 08/29/1985, 02/11/1992, 09/02/1997, 12/07/2004, 02/16/2009

3745-51-23 Characteristic of reactivity.

(A) A waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

(1) It is normally unstable and readily undergoes violent change without detonating.

(2) It reacts violently with water.

(3) It forms potentially explosive mixtures with water.

(4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

(5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between two and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.

(6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.

(7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.

(8) It is a "forbidden explosive" as defined in 49 CFR 173.54, or is an "explosive in Class 1" in "Division 1.1," "Division 1.2, "or "Division 1.3 " as defined in 49 CFR 173.50and 49 CFR 173.53 .

(B) A waste that exhibits the characteristic of reactivity has the EPA hazardous waste number of D003.

[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."]

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 02/11/1992, 09/02/1997, 12/07/2004, 09/05/2010

3745-51-24 Toxicity characteristic.

(A) A waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the toxicity characteristic leaching procedure, test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846, the extract from a representative sample of the waste contains any of the contaminants listed in the table in this rule at a concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 per cent filterable solids, the waste itself, after filtering using the methodology outlined in method 1311, is considered to be the extract for the purposes of this rule.

(B) A waste that exhibits the characteristic of toxicity has the EPA hazardous waste number specified in the table in this rule which corresponds to the toxic contaminant causing it to be hazardous.

Table

Maximum Concentrations of Contaminants for the Toxicity Characteristic

EPA Haz. Waste Number

Contaminant

CAS1 Number

Regulatory Level (mg/L)

D004

Arsenic

7440-38-2

5.0

D005

Barium

7440-39-3

100.0

D018

Benzene

71-43-2

0.5

D006

Cadmium

7440-43-9

1.0

D019

Carbon tetrachloride

56-23-5

0.5

D020

Chlordane

57-74-9

0.03

D021

Chlorobenzene

108-90-7

100.0

D022

Chloroform

67-66-3

6.0

D007

Chromium

7440-47-3

5.0

D023

o-Cresol

95-48-7

200.03

D024

m-Cresol

108-39-4

200.03

D025

p-Cresol

106-44-5

200.03

D026

Cresol

------------

200.03

D016

2,4-D

94-75-7

10.0

D027

1,4-Dichlorobenzene

106-46-7

7.5

D028

1,2-Dichloroethane

107-06-2

0.5

D029

1,1-Dichloroethylene

75-35-4

0.7

D030

2,4-Dinitrotoluene

121-14-2

0.132

D012

Endrin

72-20-8

0.02

D031

Heptachlor (and its epoxide)

76-44-8

0.008

D032

Hexachlorobenzene

118-74-1

0.132

D033

Hexachlorobutadiene

87-68-3

0.5

D034

Hexachloroethane

67-72-1

3.0

D008

Lead

7439-92-1

5.0

D013

Lindane

58-89-9

0.4

D009

Mercury

7439-97-6

0.2

D014

Methoxychlor

72-43-5

10.0

D035

Methyl ethyl ketone

78-93-3

200.0

D036

Nitrobenzene

98-95-3

2.0

D037

Pentachlorophenol

87-86-5

100.0

D038

Pyridine

110-86-1

5.02

D010

Selenium

7782-49-2

1.0

D011

Silver

7440-22-4

5.0

D039

Tetrachloroethylene

127-18-4

0.7

D015

Toxaphene

8001-35-2

0.5

D040

Trichloroethylene

79-01-6

0.5

D041

2,4,5-Trichlorophenol

95-95-4

400.0

D042

2,4,6-Trichlorophenol

88-06-2

2.0

D017

2,4,5-TP (Silvex)

93-72-1

1.0

D043

Vinyl chloride

75-01-4

0.2

  

1 Chemical abstracts service number.

2 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.

3If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/L.

[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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 05/29/1985 (Emer.), 08/29/1985, 03/31/1992, 02/14/1995, 09/02/1997, 12/07/2004, 02/16/2009

3745-51-30 Lists of hazardous wastes - general.

(A) A waste is a hazardous waste if it is listed as such in rules 3745-51-30 to 3745-51-35 of the Administrative Code, unless it has been excluded under 40 CFR 260.20 and 40 CFR 260.22.

[ Comment: See paragraph (E) of this rule for wastes generated in Ohio that have been excluded from listing as hazardous waste under rules 3745-51-30 to 3745-51-35 of the Administrative Code.]

(B) The administrator will indicate his basis for listing the classes or types of wastes listed by employing one or more of the following hazard codes:

Ignitable waste (I)
Corrosive waste (C)
Reactive waste (R)
Toxicity characteristic waste (E)
Acute hazardous waste (H)
Toxic waste (T)

The appendix to this rule identifies the constituents which caused the administrator to list the waste as a toxicity characteristic waste (E) or toxic waste (T) as shown in rules 3745-51-31 and 3745-51-32 of the Administrative Code.

(C) Each hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code is assigned an EPA hazardous waste number which precedes the name of the waste. This number must be used in complying with the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity and certain recordkeeping and reporting requirements under Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-270, and rules 3745-50-40 to 3745-50-235 of the Administrative Code.

(D) The following hazardous wastes listed in rule 3745-51-31 of the Administrative Code are subject to the exclusion limits for acutely hazardous wastes established in rule 3745-51-05 of the Administrative Code: EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027.

Click to view Appendix

[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."]

Effective: 03/17/2012
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 11/13/1987, 02/23/1989, 12/30/1989, 02/11/1992, 04/15/1993, 09/02/1997, 12/07/2000, 12/07/2004, 02/16/2009

3745-51-31 Hazardous waste from non-specific sources.

(A) The following table lists hazardous wastes from non-specific sources, along with industry and EPA hazardous waste numbers and hazard codes for these hazardous wastes:


                image: oh/admin/2016/3745-51-31_ph_ff_a_ru_20100723_0911-1.png


                image: oh/admin/2016/3745-51-31_ph_ff_a_ru_20100723_0911-2.png


                image: oh/admin/2016/3745-51-31_ph_ff_a_ru_20100723_0911-3.png


                image: oh/admin/2016/3745-51-31_ph_ff_a_ru_20100723_0911-4.png


                image: oh/admin/2016/3745-51-31_ph_ff_a_ru_20100723_0911-5.png


                image: oh/admin/2016/3745-51-31_ph_ff_a_ru_20100723_0911-6.png


                image: oh/admin/2016/3745-51-31_ph_ff_a_ru_20100723_0911-7.png

(B) Listing-specific definitions.

(1) For the purposes of the F037 and F038 listings, "oil/water/solids" is defined as oil and/or water and/or solids.

(2)

(a) For the purposes of the F037 and F038 listings, an "aggressive biological treatment unit" is defined as a unit which employs one of the following four treatment methods:

(i) Activated sludge;

(ii) Trickling filter;

(iii) Rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or

(iv) High-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and the unit employs a minimum of six horse power per million gallons of treatment volume; and either

(a) The hydraulic retention time of the unit is no longer than five days; or

(b) The hydraulic retention time of the unit is no longer than thirty days, and the unit does not generate a sludge that is a hazardous waste by the toxicity characteristic leaching procedure.

(b) Generators and treatment, storage, and disposal facilities have the burden of proving that their sludges are exempt from listings as F037 and F038 wastes under this definition. Generators and treatment, storage, and disposal facilities must maintain, in their operating or other on-site records, documents and the data sufficient to prove that:

(i) The unit is an aggressive biological treatment unit as defined in this rule; and

(ii) The sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biological treatment unit.

[ Comment: For purposes of paragraphs (B)(2)(b) to (B)(2)(b)(ii) of this rule and the F037 and F038 listings in this rule, "exempt" means not included under the definition of F037 and/or F038 with respect to determining the status of this material as a hazardous waste.]

(3)

(a) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.

(b) For the purposes of the F038 listing,

(i) Sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement, and

(ii) Floats are considered to be generated at the moment they are formed in the top of the unit.

(4) For the purposes of the F019 listing, the following apply to wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process.

(a) Motor vehicle manufacturing is defined to include the manufacture of automobiles and light trucks/utility vehicles (including light duty vans, pickup trucks, minivans, and sport utility vehicles). Facilities must be engaged in manufacturing complete vehicles (body and chassis or unibody) or chassis only.

(b) Generators must maintain in their on-site records documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. These records must include the volume of waste generated and disposed of off site, documentation showing when the waste volumes were generated and sent off site, the name and address of the receiving facility, and documentation confirming receipt of the waste by the receiving facility. Generators must maintain these documents on site for no less than three years. The retention period for the documentation is automatically extended during the course of any enforcement action or as requested by the director.

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: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 11/13/1987, 12/30/1989, 06/29/1990, 02/11/1992, 04/15/1993, 09/02/1997, 12/07/2000, 12/07/2004

3745-51-32 Hazardous waste from specific sources.

(A) The following wastes are listed hazardous wastes from specific sources unless they are excluded under 40 CFR 260.20 and 40 CFR 260.2240 CFR Part 261 appendix IX.

See Table at

http://www.registerofohio.state.oh.us/pdfs/3745/0/51/3745-51-32_PH_FF_N_RU_20090113_1018.pdf

(B) Listing specific definitions:

(1) For the purposes of the K181 listing, dyes and/or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or "Food and Drug Administration" (FDA) certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes and/ or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes and/or pigments, are not included in the K181 listing.

(2) Reserved.

(C) K181 listing levels. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met.

(D) Procedures for demonstrating that dyes and/or pigment nonwastewaters are not K181. The procedures described in paragraphs (D)(1) to (D)(3)(k)(iii) and (D)(5) of this rule establish when nonwastewaters from the production of dyes/pigments would not be hazardous [these procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in paragraph (A) of this rule]. If the nonwastewaters are disposed in landfill units or treated in combustion units as described in paragraph (A) of this rule, then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator must maintain documentation as described in paragraph (D)(4) of this rule.

(1) Determination based on no K181 constituents. Generators that have knowledge (e.g., knowledge of constituents in wastes based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed) that their wastes contain none of the K181 constituents [see paragraph (C) of this rule] can use their knowledge to determine that their waste is not K181. The generator must document the basis for all such determinations on an annual basis and keep each annual documentation for three years.

(2) Determination for generated quantities of one thousand metric tons per year or less for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is one thousand metric tons or less, the generator may use knowledge of the wastes (e.g., knowledge of constituents in wastes based on prior analytical data and/or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels in paragraph (C) of this rule. To make this determination, the generator must:

(a) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than one thousand metric tons.

(b) Track the actual quantity of nonwastewaters generated from January first to December thirty-first of each year. If, at any time within the year, the actual waste quantity exceeds one thousand metric tons, the generator must comply with the requirements of paragraphs (D)(3) to (D)(3)(k)(iii) of this rule for the remainder of the year.

(c) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.

(d) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:

(i) The quantity of dyes and/or pigment nonwastewaters generated.

(ii) The relevant process information used.

(iii) The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.

(3) Determination for generated quantities greater than one thousand metric tons per year for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is greater than one thousand metric tons, the generator must perform all of the steps described in paragraphs (D)(3)(a) to (D)(3)(k)(iii) of this rule in order to make a determination that its waste is not K181.

(a) Determine which K181 constituents [see paragraph (D) of this rule) are reasonably expected to be present in the wastes based on knowledge of the wastes (e.g., based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed).

(b) If 1,2-phenylenediamine is present in the wastes, the generator may use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator must comply with the procedures for using knowledge described in paragraph (D)(2) of this rule and keep the records described in paragraph (D)(2)(d) of this rule. For determinations based on sampling and analysis, the generator must comply with the sampling and analysis and recordkeeping requirements described in paragraph (D)(4) of this rule.

(c) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:

(i) A discussion of the number of samples needed to characterize the wastes fully;

(ii) The planned sample collection method to obtain representative waste samples;

(iii) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes.

(iv) A detailed description of the test methods to be used, including sample preparation, clean up (if necessary), and determinative methods.

(d) Collect and analyze samples in accordance with the waste sampling and analysis plan.

(i) The sampling and analysis must be unbiased, precise, and representative of the wastes.

(ii) The analytical measurements must be sufficiently sensitive, accurate, and precise to support any claim that the constituent mass loadings are below the listing levels in paragraph (C) of this rule.

(e) Record the analytical results.

(f) Record the waste quantity represented by the sampling and analysis results.

(g) Calculate constituent-specific mass loadings (product of concentrations and waste quantity).

(h) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.

(i) Determine whether the mass of any of the K181 constituents listed in paragraph (C) of this rule generated between January first and December thrity-first of any year is below the K181 listing levels.

(j) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:

(i) The sampling and analysis plan.

(ii) The sampling and analysis results (including quality assurance/quality control data).

(iii) The quantity of dyes and/or pigment nonwastewaters generated.

(iv) The calculations performed to determine annual mass loadings.

(k) Nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous.

(i) The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator may then use knowledge of the wastes to support subsequent annual determinations.

(ii) The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.

(iii) If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change must be retained.

(4) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator must maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description.

(5) Waste holding and handling. During the interim period (that is, from the point of generation to completion of the hazardous waste determination), the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the hazardous waste rules (as defined in rule 3745-50-10 of the Administrative Code) during the interim period, the generator could be subject to an enforcement action for improper management.

[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."]

Replaces: 3745-51-32

Effective: 02/16/2009
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 11/13/1987, 12/08/1988, 12/30/89, 2/11/92, 9/2/97, 12/7/00, 12/7/04

3745-51-33 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof.

The following materials or items are hazardous wastes if and when the materials or items are discarded or intended to be discarded as described in paragraph (A)(2)(a) of rule 3745-51-02 of the Administrative Code, when the materials or items are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when the materials or items are otherwise applied to the land in lieu of the original intended use or when the materials or items are contained in products that are applied to the land in lieu of the original intended use, or when, in lieu of the original intended use, the materials ot items are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel.

(A) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraph (E) or (F) of this rule.

(B) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (E) or (F) of this rule.

(C) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (E) or (F) of this rule, unless the container is "empty" as described in paragraph (B) of rule 3745-51-07 of the Administrative Code.

[Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed , or being accumulated, stored, transported, or treated prior to such use, re-use, recycling, or reclamation, Ohio EPA considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate the container previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.]

(D) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (E) or (F) of this rule, or any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (E) or (F) of this rule.

(E) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (A) to (D) of this rule are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion described in paragraph (E) of rule 3745-51-05 of the Administrative Code.

[Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (toxicity), and R (reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by EPA hazardous waste number.]

These wastes and corresponding EPA hazardous waste numbers are:

(E) Alphabetical List

EPA Hazardous Waste #

CAS #

Substance

P023

107-20-0

Acetaldehyde, chloro-

P002

591-08-2

Acetamide, N-(aminothioxomethyl)-

P057

640-19-7

Acetamide, 2-fluoro-

P058

62-74-8

Acetic acid, fluoro-, sodium salt

P002

591-08-2

1-Acetyl-2-thiourea

P003

107-02-8

Acrolein

P070

116-06-3

Aldicarb

P203

1646-88-4

Aldicarb sulfone

P004

309-00-2

Aldrin

P005

107-18-6

Allyl alcohol

P006

20859-73-8

Aluminum phosphide (R,T)

P007

2763-96-4

5-(Aminomethyl)-3-isoxazolol

P008

504-24-5

4-Aminopyridine

P009

131-74-8

Ammonium picrate (R)

P119

7803-55-6

Ammonium vanadate

P099

506-61-6

Argentate(1-), bis(cyano-C)-, potassium

P010

7778-39-4

Arsenic acid H3AsO4

P012

1327-53-3

Arsenic oxide As2O3

P011

1303-28-2

Arsenic oxide As2O5

P011

1303-28-2

Arsenic pentoxide

P012

1327-53-3

Arsenic trioxide

P038

692-42-2

Arsine, diethyl-

P036

696-28-6

Arsonous dichloride, phenyl-

P054

151-56-4

Aziridine

P067

75-55-8

Aziridine, 2-methyl-

P013

542-62-1

Barium cyanide

P024

106-47-8

Benzenamine, 4-chloro-

P077

100-01-6

Benzenamine, 4-nitro-

P028

100-44-7

Benzene, (chloromethyl)-

P042

51-43-4

1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)-

P046

122-09-8

Benzeneethanamine, alpha,alpha-dimethyl-

P014

108-98-5

Benzenethiol

P127

1563-66-2

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate

P188

57-64-7

Benzoic acid, 2hydroxy-, compd. with 3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo [2,3-b]indol-5yl methylcarbamate ester (1:1)

P001

81-81-2 *

2H-1-Benzopyran-2-one, -hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts, when present at concentrations greater than 0.3 per cent

P028

100-44-7

Benzyl chloride

P015

7440-41-7

Beryllium powder

P017

598-31-2

Bromoacetone

P018

357-57-3

Brucine

P045

39196-18-4

2-Butanone, 3,3-dimethyl-1-(methylthio)-, -[(methylamino)carbonyl] oxime

P021

592-01-8

Calcium cyanide

P021

592-01-8

Calcium cyanide Ca(CN)2

P189

55285-14-8

Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7benzofuranyl ester

P191

644-64-4

Carbamic acid, dimethyl-, 1-[(dimethyl-amino) carbonyl]-5-methyl-1H-pyrazol-3yl ester

P192

119-38-0

Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester

P190

1129-41-5

Carbamic acid, methyl-, 3-methylphenyl ester

P127

1563-66-2

Carbofuran

P022

75-15-0

Carbon disulfide

P095

75-44-5

Carbonic dichloride

P189

55285-14-8

Carbosulfan

P023

107-20-0

Chloroacetaldehyde

P024

106-47-8

p-Chloroaniline

P026

5344-82-1

1-(o-Chlorophenyl)thiourea

P027

542-76-7

3-Chloropropionitrile

P029

544-92-3

Copper cyanide

P029

544-92-3

Copper cyanide Cu(CN)

P202

64-00-6

m-Cumenyl methylcarbamate

P030

--------

Cyanides (soluble cyanide salts), not otherwise specified

P031

460-19-5

Cyanogen

P033

506-77-4

Cyanogen chloride

P033

506-77-4

Cyanogen chloride (CN)Cl

P034

131-89-5

2-Cyclohexyl-4,6-dinitrophenol

P016

542-88-1

Dichloromethyl ether

P036

696-28-6

Dichlorophenylarsine

P037

60-57-1

Dieldrin

P038

692-42-2

Diethylarsine

P041

311-45-5

Diethyl-p-nitrophenyl phosphate

P040

297-97-2

O,O-Diethyl O-pyrazinyl phosphorothioate

P043

55-91-4

Diisopropylfluorophosphate (DFP)

P004

309-00-2

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)-

P060

465-73-6

1,4,5,8-Dimethanonaphthalene,1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-

P037

60-57-1

2,7:3,6-Dimethanonaphth [2,3-b]oxirene,3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta,7aalpha)-

P051

72-20-8 *

2,7:3,6-Dimethanonaphth [2,3-b]oxirene,3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta, 2abeta,3alpha,6alpha,6abeta,7beta,7aalpha)-, and metabolites

P044

60-51-5

Dimethoate

P046

122-09-8

alpha,alpha-Dimethylphenethylamine

P191

644-64-4

Dimetilan

P047

534-52-1 *

4,6-Dinitro-o-cresol, and salts

P048

51-28-5

2,4-Dinitrophenol

P020

88-85-7

Dinoseb

P085

152-16-9

Diphosphoramide, octamethyl-

P111

107-49-3

Diphosphoric acid, tetraethyl ester

P039

298-04-4

Disulfoton

P049

541-53-7

Dithiobiuret

P185

26419-73-8

1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime

P050

115-29-7

Endosulfan

P088

145-73-3

Endothall

P051

72-20-8

Endrin

P051

72-20-8

Endrin, and metabolites

P042

51-43-4

Epinephrine

P031

460-19-5

Ethanedinitrile

P194

23135-22-0

Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester

P066

16752-77-5

Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester

P101

107-12-0

Ethyl cyanide

P054

151-56-4

Ethyleneimine

P097

52-85-7

Famphur

P056

7782-41-4

Fluorine

P057

640-19-7

Fluoroacetamide

P058

62-74-8

Fluoroacetic acid, sodium salt

P198

23422-53-9

Formetanate hydrochloride

P197

17702-57-7

Formparanate

P065

628-86-4

Fulminic acid, mercury(2+) salt (R,T)

P059

76-44-8

Heptachlor

P062

757-58-4

Hexaethyl tetraphosphate

P116

79-19-6

Hydrazinecarbothioamide

P068

60-34-4

Hydrazine, methyl-

P063

74-90-8

Hydrocyanic acid

P063

74-90-8

Hydrogen cyanide

P096

7803-51-2

Hydrogen phosphide

P060

465-73-6

Isodrin

P192

119-38-0

Isolan

P202

64-00-6

3-Isopropylphenyl N-methylcarbamate

P007

2763-96-4

3(2H)-Isoxazolone, 5-(aminomethyl)-

P196

15339-36-3

Manganese, bis(dimethylcarbamodithioata-S,S')-,

P196

15339-36-3

Manganese, dimethyldithiocarbamate

P092

62-38-4

Mercury, (acetato-O)phenyl-

P065

628-86-4

Mercury fulminate (R,T)

P082

62-75-9

Methanamine, N-methyl-N-nitroso-

P064

624-80-9

Methane, isocyanato-

P016

542-88-1

Methane, oxybis[chloro-

P112

509-14-8

Methane, tetranitro- (R)

P118

75-70-7

Methanethiol, trichloro-

P198

23422-53-9

Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride

P197

17702-57-7

Methanimidamide, N-dimethyl-N'-[2-methyl-4-[[(methylamino) carbonyl]oxy]phenyl]-

P199

2032-65-7

Methiocarb

P050

115-29-7

6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide

P059

76-44-8

4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-

P066

16752-77-5

Methomyl

P068

60-34-4

Methyl hydrazine

P064

624-83-9

Methyl isocyanate

P069

75-86-5

2-Methyllactonitrile

P071

298-00-0

Methyl parathion

P190

1129-41-5

Metolcarb

P128

315-18-4

Mexacarbate

P072

86-88-4

alpha-Naphthylthiourea

P073

13463-39-3

Nickel carbonyl

P073

13463-39-3

Nickel carbonyl Ni(CO)4, (T-4)-

P074

557-19-7

Nickel cyanide

P074

557-19-7

Nickel cyanide Ni(CN)2

P075

54-11-5 *

Nicotine, and salts

P076

10102-43-9

Nitric oxide

P077

100-01-6

p-Nitroaniline

P078

10102-44-0

Nitrogen dioxide

P076

10102-43-9

Nitrogen oxide NO

P078

10102-44-0

Nitrogen oxide NO2

P081

55-63-0

Nitroglycerine (R)

P082

62-75-9

N-Nitrosodimethylamine

P084

4549-40-0

N-Nitrosomethylvinylamine

P085

152-16-9

Octamethylpyrophosphoramide

P087

20816-12-0

Osmium oxide OsO4, (T-4)-

P087

20816-12-0

Osmium tetroxide

P088

145-73-3

7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid

P194

23135-22-0

Oxamyl

P089

56-38-2

Parathion

P034

131-89-5

Phenol, 2-cyclohexyl-4,6-dinitro-

P128

315-18-4

Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester)

P199

2032-65-7

Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate

P048

51-28-5

Phenol, 2,4-dinitro-

P047

534-52-1 *

Phenol, 2-methyl-4,6-dinitro-, and salts

P201

2631-37-0

Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate

P202

64-00-6

Phenol, 3-(1-methylethyl)-, methyl carbamate

P020

88-85-7

Phenol, 2-(1-methylpropyl)-4,6-dinitro-

P009

131-74-8

Phenol, 2,4,6-trinitro-, ammonium salt (R)

P092

62-38-4

Phenylmercury acetate

P093

103-85-5

Phenylthiourea

P204

57-47-6

Physostigmine

P188

57-64-7

Physostigmine salicylate

P094

298-02-2

Phorate

P095

75-44-5

Phosgene

P096

7803-51-2

Phosphine

P041

311-45-5

Phosphoric acid, diethyl 4-nitrophenyl ester

P039

298-04-4

Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester

P094

298-02-2

Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester

P044

60-51-5

Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester

P043

55-91-4

Phosphorofluoridic acid, bis(1-methylethyl) ester

P089

56-38-2

Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester

P040

297-97-2

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

P097

52-85-7

Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester

P071

298-00-0

Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester

P110

78-00-2

Plumbane, tetraethyl-

P098

151-50-8

Potassium cyanide

P098

151-50-8

Potassium cyanide K(CN)

P099

506-61-6

Potassium silver cyanide

P201

2631-37-0

Promecarb

P203

1646-88-4

Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime

P070

116-06-3

Propanal, 2-methyl-2-(methylthio)-, -[(methylamino)carbonyl]oxime

P101

107-12-0

Propanenitrile

P027

542-76-7

Propanenitrile, 3-chloro-

P069

75-86-5

Propanenitrile, 2-hydroxy-2-methyl-

P081

55-63-0

1,2,3-Propanetriol, trinitrate (R)

P017

598-31-2

2-Propanone, 1-bromo-

P102

107-19-7

Propargyl alcohol

P003

107-02-8

2-Propenal

P005

107-18-6

2-Propen-1-ol

P067

75-55-8

1,2-Propylenimine

P102

107-19-7

2-Propyn-1-ol

P008

504-24-5

4-Pyridinamine

P075

54-11-5 *

Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, and salts

P204

57-47-6

Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-thrimethyl-, methylcarbamate (ester), (3aS-cis)-

P114

12039-52-0

Selenious acid, dithallium(1+) salt

P103

630-10-4

Selenourea

P104

506-64-9

Silver cyanide

P104

506-64-9

Silver cyanide Ag(CN)

P105

26628-22-8

Sodium azide

P106

143-33-9

Sodium cyanide

P106

143-33-9

Sodium cyanide Na(CN)

P108

57-24-9 *

Strychnidin-10-one, and salts

P018

357-57-3

Strychnidin-10-one, 2,3-dimethoxy-

P108

57-24-9 *

Strychnine, and salts

P115

7446-18-6

Sulfuric acid, dithallium(1+) salt

P109

3689-24-5

Tetraethyldithiopyrophosphate

P110

78-00-2

Tetraethyl lead

P111

107-49-3

Tetraethyl pyrophosphate

P112

509-14-8

Tetranitromethane (R)

P062

757-58-4

Tetraphosphoric acid, hexaethyl ester

P113

1314-32-5

Thallic oxide

P113

1314-32-5

Thallium oxide Tl2O3

P114

12039-52-0

Thallium(I) selenite

P115

7446-18-6

Thallium(I) sulfate

P109

3689-24-5

Thiodiphosphoric acid, tetraethyl ester

P045

39196-18-4

Thiofanox

P049

541-53-7

Thioimidodicarbonic diamide [(H2N)C(S)]2NH

P014

108-98-5

Thiophenol

P116

79-19-6

Thiosemicarbazide

P026

5344-82-1

Thiourea, (2-chlorophenyl)-

P072

86-88-4

Thiourea, 1-naphthalenyl-

P093

103-85-5

Thiourea, phenyl-

P185

26419-73-8

Tirpate

P123

8001-35-2

Toxaphene

P118

75-70-7

Trichloromethanethiol

P119

7803-55-6

Vanadic acid, ammonium salt

P120

1314-62-1

Vanadium oxide V2O5

P120

1314-62-1

Vanadium pentoxide

P084

4549-40-0

Vinylamine, N-methyl-N-nitroso-

P001

81-81-2 *

Warfarin, and salts, when present at concentrations greater than 0.3 per cent

P205

137-30-4

Zinc, bis(dimethylcarbamodithioato-S,S')-

P121

557-21-1

Zinc cyanide

P121

557-21-1

Zinc cyanide Zn(CN)2

P122

1314-84-7

Zinc phosphide Zn3P2, when present at concentrations greater than 10 per cent (R,T)

P205

137-30-4

Ziram

* CAS Number given for parent compound only.

(E) Numerical List

EPA Hazardous Waste #

CAS #

Substance

P001

81-81-2 *

2H-1-Benzopyran-2-one, -hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts, when present at concentrations greater than 0.3 per cent

P001

81-81-2 *

Warfarin, and salts, when present at concentrations greater than 0.3 per cent

P002

591-08-2

Acetamide, N-(aminothioxomethyl)-

P002

591-08-2

1-Acetyl-2-thiourea

P003

107-02-8

Acrolein

P003

107-02-8

2-Propenal

P004

309-00-2

Aldrin

P004

309-00-2

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)-

P005

107-18-6

Allyl alcohol

P005

107-18-6

2-Propen-1-ol

P006

20859-73-8

Aluminum phosphide (R,T)

P007

2763-96-4

5-(Aminomethyl)-3-isoxazolol

P007

2763-96-4

3(2H)-Isoxazolone, 5-(aminomethyl)-

P008

504-24-5

4-Aminopyridine

P008

504-24-5

4-Pyridinamine

P009

131-74-8

Ammonium picrate (R)

P009

131-74-8

Phenol, 2,4,6-trinitro-, ammonium salt (R)

P010

7778-39-4

Arsenic acid H3AsO4

P011

1303-28-2

Arsenic oxide As2O5

P011

1303-28-2

Arsenic pentoxide

P012

1327-53-3

Arsenic oxide As2O3

P012

1327-53-3

Arsenic trioxide

P013

542-62-1

Barium cyanide

P014

108-98-5

Benzenethiol

P014

108-98-5

Thiophenol

P015

7440-41-7

Beryllium powder

P016

542-88-1

Dichloromethyl ether

P016

542-88-1

Methane, oxybis[chloro-

P017

598-31-2

Bromoacetone

P017

598-31-2

2-Propanone, 1-bromo-

P018

357-57-3

Brucine

P018

357-57-3

Strychnidin-10-one, 2,3-dimethoxy-

P020

88-85-7

Dinoseb

P020

88-85-7

Phenol, 2-(1-methylpropyl)-4,6-dinitro-

P021

592-01-8

Calcium cyanide

P021

592-01-8

Calcium cyanide Ca(CN)2

P022

75-15-0

Carbon disulfide

P023

107-20-0

Acetaldehyde, chloro-

P023

107-20-0

Chloroacetaldehyde

P024

106-47-8

Benzenamine, 4-chloro-

P024

106-47-8

p-Chloroaniline

P026

5344-82-1

1-(o-Chlorophenyl)thiourea

P026

5344-82-1

Thiourea, (2-chlorophenyl)-

P027

542-76-7

3-Chloropropionitrile

P027

542-76-7

Propanenitrile, 3-chloro-

P028

100-44-7

Benzene, (chloromethyl)-

P028

100-44-7

Benzyl chloride

P029

544-92-3

Copper cyanide

P029

544-92-3

Copper cyanide Cu(CN)

P030

----

Cyanides (soluble cyanide salts), not otherwise specified

P031

460-19-5

Cyanogen

P031

460-19-5

Ethanedinitrile

P033

506-77-4

Cyanogen chloride

P033

506-77-4

Cyanogen chloride (CN)Cl

P034

131-89-5

2-Cyclohexyl-4,6-dinitrophenol

P034

131-89-5

Phenol, 2-cyclohexyl-4,6-dinitro-

P036

696-57-1

Arsonous dichloride, phenyl-

P036

696-57-1

Dichlorophenylarsine

P037

60-57-1

Dieldrin

P037

60-57-1

2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,(1aalpha,2beta, 2aalpha,3beta,6beta,6aalpha,7beta,7aalpha)-

P038

692-42-2

Arsine, diethyl-

P038

692-42-2

Diethylarsine

P039

298-04-4

Disulfoton

P039

298-04-4

Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester

P040

297-97-2

O,O-Diethyl O-pyrazinyl phosphorothioate

P040

297-97-2

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

P041

311-45-5

Diethyl-p-nitrophenyl phosphate

P041

311-45-5

Phosphoric acid, diethyl 4-nitrophenyl ester

P042

51-43-4

1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)-

P042

51-43-4

Epinephrine

P043

55-91-4

Diisopropylfluorophosphate (DFP)

P043

55-91-4

Phosphorofluoridic acid, bis(1-methylethyl) ester

P044

60-51-5

Dimethoate

P044

60-51-5

Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester

P045

39196-18-4

2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[(methylamino)carbonyl] oxime

P045

39196-18-4

Thiofanox

P046

122-09-8

Benzeneethanamine, alpha,alpha-dimethyl-

P046

122-09-8

alpha,alpha-Dimethylphenethylamine

P047

534-52-1 *

4,6-Dinitro-o-cresol, and salts

P047

534-52-1 *

Phenol, 2-methyl-4,6-dinitro-, and salts

P048

51-28-5

2,4-Dinitrophenol

P048

51-28-5

Phenol, 2,4-dinitro-

P049

541-53-7

Dithiobiuret

P049

541-53-7

Thioimidodicarbonic diamide [(H2N)C(S)]2NH

P050

115-29-7

Endosulfan

P050

115-29-7

6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide

P051

72-20-8 *

2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta, 3alpha,6alpha,6abeta,7beta,7aalpha)-, and metabolites

P051

72-20-8

Endrin

P051

72-20-8

Endrin, and metabolites

P054

151-56-4

Aziridine

P054

151-56-4

Ethyleneimine

P056

7782-41-4

Fluorine

P057

640-19-7

Acetamide, 2-fluoro-

P057

640-19-4

Fluoroacetamide

P058

62-74-8

Acetic acid, fluoro-, sodium salt

P058

62-74-8

Fluoroacetic acid, sodium salt

P059

76-44-8

Heptachlor

P059

76-44-8

4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-

P060

465-73-6

1,4,5,8-Dimethanonaphthalene,1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-

P060

465-73-6

Isodrin

P062

757-58-4

Hexaethyl tetraphosphate

P062

757-58-4

Tetraphosphoric acid, hexaethyl ester

P063

74-90-8

Hydrocyanic acid

P063

74-90-8

Hydrogen cyanide

P064

624-83-9

Methane, isocyanato-

P064

624-83-9

Methyl isocyanate

P065

628-86-4

Fulminic acid, mercury(2+) salt (R,T)

P065

628-86-4

Mercury fulminate (R,T)

P066

16752-77-5

Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester

P066

16752-77-5

Methomyl

P067

75-55-8

Aziridine, 2-methyl-

P067

75-55-8

1,2-Propylenimine

P068

60-34-4

Hydrazine, methyl-

P068

60-34-4

Methyl hydrazine

P069

75-86-5

2-Methyllactonitrile

P069

75-86-5

Propanenitrile, 2-hydroxy-2-methyl-

P070

116-06-3

Aldicarb

P070

116-06-3

Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime

P071

298-00-0

Methyl parathion

P071

298-00-0

Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester

P072

86-88-4

alpha-Naphthylthiourea

P072

86-88-4

Thiourea, 1-naphthalenyl-

P073

13463-39-3

Nickel carbonyl

P073

13463-39-3

Nickel carbonyl Ni(CO)4, (T-4)-

P074

57-19-7

Nickel cyanide

P074

57-19-7

Nickel cyanide Ni(CN)2

P075

54-11-5 *

Nicotine, and salts

P075

54-11-5 *

Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, and salts

P076

10102-43-9

Nitric oxide

P076

10102-43-9

Nitrogen oxide NO

P077

100-01-6

Benzenamine, 4-nitro-

P077

100-01-6

p-Nitroaniline

P078

10102-44-0

Nitrogen dioxide

P078

10102-44-0

Nitrogen oxide NO2

P081

55-63-0

Nitroglycerine (R)

P081

55-63-0

1,2,3-Propanetriol, trinitrate (R)

P082

62-75-9

Methanamine, N-methyl-N-nitroso-

P082

62-75-9

N-Nitrosodimethylamine

P084

4549-40-0

N-Nitrosomethylvinylamine

P084

4549-40-0

Vinylamine, N-methyl-N-nitroso-

P085

152-16-9

Diphosphoramide, octamethyl-

P085

152-16-9

Octamethylpyrophosphoramide

P087

20816-12-0

Osmium oxide OsO4, (T-4)-

P087

20816-12-0

Osmium tetroxide

P088

145-73-3

Endothall

P088

145-73-3

7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid

P089

56-38-2

Parathion

P089

56-38-2

Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester

P092

62-38-4

Mercury, (acetato-O)phenyl-

P092

62-38-4

Phenylmercury acetate

P093

103-85-5

Phenylthiourea

P093

103-85-5

Thiourea, phenyl-

P094

298-02-2

Phorate

P094

298-02-2

Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester

P095

75-44-5

Carbonic dichloride

P095

75-44-5

Phosgene

P096

7803-51-2

Hydrogen phosphide

P096

7803-51-2

Phosphine

P097

52-85-7

Famphur

P097

52-85-7

Phosphorothioic acid, O-[4-[(dimethylamino) sulfonyl]phenyl] O,O-dimethyl ester

P098

151-50-8

Potassium cyanide

P098

151-50-8

Potassium cyanide K(CN)

P099

506-61-6

Argentate(1-), bis(cyano-C)-, potassium

P099

506-61-6

Potassium silver cyanide

P101

107-12-0

Ethyl cyanide

P101

107-12-0

Propanenitrile

P102

107-19-7

Propargyl alcohol

P102

107-19-7

2-Propyn-1-ol

P103

630-10-4

Selenourea

P104

506-64-9

Silver cyanide

P104

506-64-9

Silver cyanide Ag(CN)

P105

26628-22-8

Sodium azide

P106

143-33-9

Sodium cyanide

P106

143-33-9

Sodium cyanide Na(CN)

P108

157-24-9 *

Strychnidin-10-one, and salts

P108

157-24-9 *

Strychnine, and salts

P109

3689-24-5

Tetraethyldithiopyrophosphate

P109

3689-24-5

Thiodiphosphoric acid, tetraethyl ester

P110

78-00-2

Plumbane, tetraethyl-

P110

78-00-2

Tetraethyl lead

P111

107-49-3

Diphosphoric acid, tetraethyl ester

P111

107-49-3

Tetraethyl pyrophosphate

P112

509-14-8

Methane, tetranitro- (R)

P112

509-14-8

Tetranitromethane (R)

P113

1314-32-5

Thallic oxide

P113

1314-32-5

Thallium oxide Tl2O3

P114

12039-52-0

Selenious acid, dithallium(1+) salt

P114

12039-52-0

Thallium(I) selenite

P115

7446-18-6

Sulfuric acid, dithallium(1+) salt

P115

7446-18-6

Thallium(I) sulfate

P116

79-19-6

Hydrazinecarbothioamide

P116

79-19-6

Thiosemicarbazide

P118

75-70-7

Methanethiol, trichloro-

P118

75-70-7

Trichloromethanethiol

P119

7803-55-6

Ammonium vanadate

P119

7803-55-6

Vanadic acid, ammonium salt

P120

1314-62-1

Vanadium oxide V2O5

P120

1314-62-1

Vanadium pentoxide

P121

557-21-1

Zinc cyanide

P121

557-21-1

Zinc cyanide Zn(CN)2

P122

1314-84-7

Zinc phosphide Zn3P2, when present at concentrations greater than 10 per cent (R, T)

P123

8001-35-2

Toxaphene

P127

1563-66-2

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate

P127

1563-66-2

Carbofuran

P128

315-18-4

Mexacarbate

P128

315-18-4

Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester)

P185

26419-73-8

1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime

P185

26419-73-8

Tirpate

P188

57-64-7

Benzoic acid, 2hydroxy-, compd. With (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo [2,3-b]indol-5yl methylcarbamate ester (1:1)

P188

57-64-7

Physostigmine salicylate

P189

55285-14-8

Carbamic acid, [(dibutylamino)-thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7benzofuranyl ester

P189

55285-14-8

Carbosulfan

P190

1129-41-5

Carbamic acid, methyl-, 3-methylphenyl ester

P190

1129-41-5

Metolcarb

P191

644-64-4

Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]-5-methyl-1H-pyrazol-3yl ester

P191

644-64-4

Dimetilan

P192

119-38-0

Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester

P192

119-38-0

Isolan

P194

23135-22-0

Ethanimidothioic acid, 2-(dimethylamino)-N- [[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester

P194

23135-22-0

Oxamyl

P196

15339-36-3

Manganese, bis(dimethylcarbamodithioata-S,S')-,

P196

15339-36-3

Manganese, dimethyldithiocarbamate

P197

17702-57-7

Formparanate

P197

17702-57-7

Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-

P198

23422-53-9

Formetanate hydrochloride

P198

23422-53-9

Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride

P199

2032-65-7

Methiocarb

P199

2032-65-7

Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate

P201

2631-37-0

Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate

P201

2631-37-0

Promecarb

P202

64-00-6

m-Cumenyl methylcarbamate

P202

64-00-6

3-Isopropylphenyl N-methylcarbamate

P202

64-00-6

Phenol, 3-(1-methylethyl)-, methyl carbamate

P203

1646-88-4

Aldicarb sulfone

P203

1646-88-4

Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime

P204

57-47-6

Physostigmine

P204

57-47-6

Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-thrimethyl-, methylcarbamate (ester), (3aS-cis)-

P205

137-30-4

Zinc, bis(dimethylcarbamodithioato-S,S')-

P205

137-30-4

Ziram

* CAS Number given for parent compound only.

(F) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (A) to (D) of this rule, are identified as toxic wastes (T) unless otherwise designated and are subject to the small quantity generator exclusion defined in paragraphs (A) and (G) of rule 3745-51-05 of the Administrative Code.

[Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (toxicity), R (reactivity), I (ignitability) and C (corrosivity). Absence of a letter indicates that the compound is only listed for toxicity. Wastes are first listed in alphabetical order by substance and then listed again in numerical order by EPA hazardous waste number.]

These wastes and corresponding EPA hazardous waste numbers are:

(F) Alphabetical List

EPA Hazardous Waste #

CAS #

Substance

U394

30558-43-1

A2213

U001

75-07-0

Acetaldehyde (I)

U034

75-87-6

Acetaldehyde, trichloro-

U187

62-44-2

Acetamide, N-(4-ethoxyphenyl)-

U005

53-96-3

Acetamide, N-9H-fluoren-2-yl-

U240

94-75-7 *

Acetic acid, (2,4-dichlorophenoxy)-, salts and esters

U112

141-78-6

Acetic acid ethyl ester (I)

U144

301-04-2

Acetic acid, lead(2+) salt

U214

563-68-8

Acetic acid, thallium(1+) salt

See F027

93-76-5

Acetic acid, (2,4,5-trichlorophenoxy)-

U002

67-64-1

Acetone (I)

U003

75-05-8

Acetonitrile (I,T)

U004

98-86-2

Acetophenone

U005

53-96-3

2-Acetylaminofluorene

U006

75-36-5

Acetyl chloride (C,R,T)

U007

79-06-1

Acrylamide

U008

79-10-7

Acrylic acid (I)

U009

107-13-1

Acrylonitrile

U011

61-82-5

Amitrole

U012

62-53-3

Aniline (I,T)

U136

75-60-5

Arsinic acid, dimethyl-

U014

492-80-8

Auramine

U015

115-02-6

Azaserine

U010

50-07-7

Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]-

U280

101-27-9

Barban

U278

22781-23-3

Bendiocarb

U364

22961-82-6

Bendiocarb phenol

U271

17804-35-2

Benomyl

U157

56-49-5

Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-

U016

225-51-4

Benz[c]acridine

U017

98-87-3

Benzal chloride

U192

23950-58-5

Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-

U018

56-55-3

B enz [a] anthracene

U094

57-97-6

Benz[a]anthracene, 7,12-dimethyl-

U012

62-53-3

Benzenamine (I,T)

U014

492-80-8

Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl-

U049

3165-93-3

Benzenamine, 4-chloro-2-methyl-, hydrochloride

U093

60-11-7

Benzenamine, N,N-dimethyl-4-(phenylazo)-

U328

95-53-4

Benzenamine, 2-methyl-

U353

106-49-0

Benzenamine, 4-methyl-

U158

101-14-4

Benzenamine, 4,4'-methylenebis[2-chloro-

U222

636-21-5

Benzenamine, 2-methyl-, hydrochloride

U181

99-55-8

Benzenamine, 2-methyl-5-nitro-

U019

71-43-2

Benzene (I,T)

U038

510-15-6

Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester

U030

101-55-3

Benzene, 1-bromo-4-phenoxy-

U035

305-03-3

Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-

U037

108-90-7

Benzene, chloro-

U221

25376-45-8

Benzenediamine, ar-methyl-

U028

117-81-7

1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester

U069

84-74-2

1,2-Benzenedicarboxylic acid, dibutyl ester

U088

84-66-2

1,2-Benzenedicarboxylic acid, diethyl ester

U102

131-11-3

1,2-Benzenedicarboxylic acid, dimethyl ester

U107

117-84-0

1,2-Benzenedicarboxylic acid, dioctyl ester

U070

95-50-1

Benzene, 1,2-dichloro-

U071

541-73-1

Benzene, 1,3-dichloro-

U072

106-46-7

Benzene, 1,4-dichloro-

U060

72-54-8

Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro-

U017

98-87-3

Benzene, (dichloromethyl)-

U223

26471-62-5

Benzene, 1,3-diisocyanatomethyl- (R,T)

U239

1330-20-7

Benzene, dimethyl- (I)

U201

108-46-3

1,3-Benzenediol

U127

118-74-1

Benzene, hexachloro-

U056

110-82-7

Benzene, hexahydro- (I)

U220

108-88-3

Benzene, methyl-

U105

121-14-2

Benzene, 1-methyl-2,4-dinitro-

U106

606-20-2

Benzene, 2-methyl-1,3-dinitro-

U055

98-82-8

Benzene, (1-methylethyl)- (I)

U169

98-95-3

Benzene, nitro-

U183

608-93-5

Benzene, pentachloro-

U185

82-68-8

Benzene, pentachloronitro-

U020

98-09-9

Benzenesulfonic acid chloride (C,R)

U020

98-09-9

Benzenesulfonyl chloride (C,R)

U207

95-94-3

Benzene, 1,2,4,5-tetrachloro-

U061

50-29-3

Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-

U247

72-43-5

Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-

U023

98-07-7

Benzene, (trichloromethyl)-

U234

99-35-4

Benzene, 1,3,5-trinitro-

U021

92-87-5

Benzidine

U364

22961-82-6

1,3-Benzodioxol-4-ol, 2,2-dimethyl-

U278

22781-3

1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate

U203

94-59-7

1,3-Benzodioxole, 5-(2-propenyl)-

U141

120-58-1

1,3-Benzodioxole, 5-(1-propenyl)-

U090

94-58-6

1,3-Benzodioxole, 5-propyl-

U367

1563-38-8

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-

U064

189-55-9

Benzo[rst]pentaphene

U248

81-81-2 *

2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, and salts, when present at concentrations of 0.3 per cent or less

U022

50-32-8

Benzo[a]pyrene

U197

106-51-4

p-Benzoquinone

U023

98-07-7

Benzotrichloride (C,R,T)

U085

1464-53-5

2,2'-Bioxirane

U021

92-87-5

[1,1'-Biphenyl]-4,4'-diamine

U073

91-94-1

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-

U091

119-90-4

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy-

U095

119-93-7

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-

U225

75-25-2

Bromoform

U030

101-55-3

4-Bromophenyl phenyl ether

U128

87-68-3

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

U172

924-16-3

1-Butanamine, N-butyl-N-nitroso-

U031

71-36-3

1-Butanol (I)

U159

78-93-3

2-Butanone (I,T)

U160

1338-23-4

2-Butanone, peroxide (R,T)

U053

4170-30-3

2-Butenal

U074

764-41-0

2-Butene, 1,4-dichloro- (I,T)

U143

303-34-4

2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, 1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-

U031

71-36-3

n-Butyl alcohol (I)

U136

75-60-5

Cacodylic acid

U032

13765-19-0

Calcium chromate

U372

10605-21-7

Carbamic acid, 1H-benzimidazol-2-yl, methyl ester

U271

17804-35-2

Carbamic acid, [1-[(buthylamino)carbonyl]-1H-benzimidazol-2-yl], methyl ester

U280

101-27-9

Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester

U238

51-79-6

Carbamic acid, ethyl ester

U178

615-53-2

Carbamic acid, methylnitroso-, ethyl ester

U373

122-42-9

Carbamic acid, phenyl-, 1-methylethyl ester

U409

23564-05-8

Carbamic acid, [1,2-phenylenebis (iminocarbobothioyl)]bis-, dimethyl ester

U097

79-44-7

Carbamic chloride, dimethyl-

U114

111-54-6 *

Carbamodithioic acid, 1,2-ethanediylbis-, salts and esters

U062

2303-16-4

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester

U389

2303-17-5

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester

U387

52888-80-9

Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester

U279

63-25-2

Carbaryl

U372

10605-21-7

Carbendazim

U367

1563-38-8

Carbofuran phenol

U215

6533-73-9

Carbonic acid, dithallium(1+) salt

U033

353-50-4

Carbonic difluoride

U156

79-22-1

Carbonochloridic acid, methyl ester (I,T)

U033

353-50-4

Carbon oxyfluoride (R,T)

U211

56-23-5

Carbon tetrachloride

U034

75-87-6

Chloral

U035

305-03-3

Chlorambucil

U036

57-74-9

Chlordane, alpha and gamma isomers

U026

494-03-1

Chlornaphazin

U037

108-90-7

Chlorobenzene

U038

510-15-6

Chlorobenzilate

U039

59-50-7

p-Chloro-m-cresol

U042

110-75-8

2-Chloroethyl vinyl ether

U044

67-66-3

Chloroform

U046

107-30-2

Chloromethyl methyl ether

U047

91-58-7

beta-Chloronaphthalene

U048

95-57-8

o-Chlorophenol

U049

3165-93-3

4-Chloro-o-toluidine, hydrochloride

U032

13765-19-0

Chromic acid H2CrO4, calcium salt

U050

218-01-9

Chrysene

U051

--------

Creosote

U052

1319-77-3

Cresol (Cresylic acid)

U053

4170-30-3

Crotonaldehyde

U055

98-82-8

Cumene (I)

U246

506-68-3

Cyanogen bromide (CN)Br

U197

106-51-4

2,5-Cyclohexadiene-1,4-dione

U056

110-82-7

Cyclohexane (I)

U129

58-89-9

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)-

U057

108-94-1

Cyclohexanone (I)

U130

77-47-4

1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-

U058

50-18-0

Cyclophosphamide

U240

94-75-7 *

2,4-D, salts and esters

U059

20830-81-3

Daunomycin

U060

72-54-8

DDD

U061

50-29-3

DDT

U062

2303-16-4

Diallate

U063

53-70-3

Dibenz [a,h] anthracene

U064

189-55-9

Dibenzo[a,i]pyrene

U066

96-12-8

1,2-Dibromo-3-chloropropane

U069

84-74-2

Dibutyl phthalate

U070

95-50-1

o-Dichlorobenzene

U071

541-73-1

m-Dichlorobenzene

U072

106-46-7

p-Dichlorobenzene

U073

91-94-1

3,3'-Dichlorobenzidine

U074

764-41-0

1,4-Dichloro-2-butene (I,T)

U075

75-71-8

Dichlorodifluoromethane

U078

75-35-4

1,1-Dichloroethylene

U079

156-60-5

1,2-Dichloroethylene

U025

111-44-4

Dichloroethyl ether

U027

108-60-1

Dichloroisopropyl ether

U024

111-91-1

Dichloromethoxy ethane

U081

120-83-2

2,4-Dichlorophenol

U082

87-65-0

2,6-Dichlorophenol

U084

542-75-6

1,3-Dichloropropene

U085

1464-53-5

1,2:3,4-Diepoxybutane (I,T)

U395

5952-26-1

Diethylene glycol, dicarbamate

U108

123-91-1

1,4-Diethyleneoxide

U028

117-81-7

Diethylhexyl phthalate

U086

1615-80-1

N,N'-Diethylhydrazine

U087

3288-58-2

O,O-Diethyl S-methyl dithiophosphate

U088

84-66-2

Diethyl phthalate

U089

56-53-1

Diethylstilbesterol

U090

94-58-6

Dihydrosafrole

U091

119-90-4

3,3'-Dimethoxybenzidine

U092

124-40-3

Dimethylamine (I)

U093

60-11-7

p-Dimethylaminoazobenzene

U094

57-97-6

7,12-Dimethylbenz[a]anthracene

U095

119-93-7

3,31-Dimethylbenzidine

U096

80-15-9

alpha,alpha-Dimethylbenzylhydroperoxide (R)

U097

79-44-7

Dimethylcarbamoyl chloride

U098

57-14-7

1,1-Dimethylhydrazine

U099

540-73-8

1,2-Dimethylhydrazine

U101

105-67-9

2,4-Dimethylphenol

U102

131-11-3

Dimethyl phthalate

U103

77-78-1

Dimethyl sulfate

U105

121-14-2

2,4-Dinitrotoluene

U106

606-20-2

2,6-Dinitrotoluene

U107

117-84-0

Di-n-octyl phthalate

U108

123-91-1

1,4-Dioxane

U109

122-66-7

1,2-Diphenylhydrazine

U110

142-84-7

Dipropylamine (I)

U111

621-64-7

Di-n-propylnitrosamine

U041

106-89-8

Epichlorohydrin

U001

75-07-0

Ethanal (I)

U174

55-18-5

Ethanamine, N-ethyl-N-nitroso-

U404

121-44-8

Ethanamine, N, N-diethyl-

U155

91-80-5

1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-

U067

106-93-4

Ethane, 1,2-dibromo-

U076

75-34-3

Ethane, 1,1-dichloro-

U077

107-06-2

Ethane, 1,2-dichloro-

U131

67-72-1

Ethane, hexachloro-

U024

111-91-1

Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-

U117

60-29-7

Ethane, 1,1'-oxybis-(I)

U025

111-44-4

Ethane, 1,1'-oxybis[2-chloro-

U184

76-01-7

Ethane, pentachloro-

U208

630-20-6

Ethane, 1,1,1,2-tetrachloro-

U209

79-34-5

Ethane, 1,1,2,2-tetrachloro-

U226

71-55-6

Ethane, 1,1,1-trichloro-

U227

79-00-5

Ethane, 1,1,2-trichloro-

U218

62-55-5

Ethanethioamide

U410

59669-26-0

Ethanimidothioic acid, N,N'-[thiobis [(methylimino)carbonyloxy]]bis-, dimethyl ester

U394

30558-43-1

Ethanimidothioic acid, 2-(dimethylamino)-hydroxy-2-oxo-, methyl ester

U359

110-80-5

Ethanol, 2-ethoxy-

U173

1116-54-7

Ethanol, 2,2'-(nitrosoimino)bis-

U395

5952-26-1

Ethanol, 2,2'-oxybis-, dicarbamate

U004

98-86-2

Ethanone, 1-phenyl-

U043

75-01-4

Ethene, chloro-

U042

110-75-8

Ethene, (2-chloroethoxy)-

U078

75-35-4

Ethene, 1,1-dichloro-

U079

156-60-5

Ethene, 1,2-dichloro-, (E)-

U210

127-18-4

Ethene, tetrachloro-

U228

79-01-6

Ethene, trichloro-

U112

141-78-6

Ethyl acetate (I)

U113

140-88-5

Ethyl acrylate (I)

U238

51-79-6

Ethyl carbamate (urethane)

U117

60-29-7

Ethyl ether (I)

U114

111-54-6 *

Ethylenebisdithiocarbamic acid, salts and esters

U067

106-93-4

Ethylene dibromide

U077

107-06-2

Ethylene dichloride

U359

110-80-5

Ethylene glycol monoethyl ether

U115

75-21-8

Ethylene oxide (I,T)

U116

96-45-7

Ethylenethiourea

U076

75-34-3

Ethylidene dichloride

U118

97-63-2

Ethyl methacrylate

U119

62-50-0

Ethyl methanesulfonate

U120

206-44-0

Fluoranthene

U122

50-00-0

Formaldehyde

U123

64-18-6

Formic acid (C,T)

U124

110-00-9

Furan (I)

U125

98-01-1

2-Furancarboxaldehyde (I)

U147

108-31-6

2,5-Furandione

U213

109-99-9

Furan, tetrahydro-(I)

U125

98-01-1

Furfural (I)

U124

110-00-9

Furfuran (I)

U206

18883-66-4

Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D-

U206

18883-66-4

D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]-

U126

765-34-4

Glycidylaldehyde

U163

70-25-7

Guanidine, N-methyl-N'-nitro-N-nitroso-

U127

118-74-1

Hexachlorobenzene

U128

87-68-3

Hexachlorobutadiene

U130

77-47-4

Hexachlorocyclopentadiene

U131

67-72-1

Hexachloroethane

U132

70-30-4

Hexachlorophene

U243

1888-71-7

Hexachloropropene

U133

302-01-2

Hydrazine (R,T)

U086

1615-80-1

Hydrazine, 1,2-diethyl-

U098

57-14-7

Hydrazine, 1,1-dimethyl-

U099

540-73-8

Hydrazine, 1,2-dimethyl-

U109

122-66-7

Hydrazine, 1,2-diphenyl-

U134

7664-39-3

Hydrofluoric acid (C,T)

U134

7664-39-3

Hydrogen fluoride (C,T)

U135

7783-06-4

Hydrogen sulfide

U135

7783-06-4

Hydrogen sulfide H2S

U096

80-15-9

Hydroperoxide, 1-methyl-1-phenylethyl- (R)

U116

96-45-7

2-Imidazolidinethione

U137

193-39-5

Indeno[ 1,2,3 -cd]pyrene

U190

85-44-9

1,3-Isobenzofurandione

U140

78-83-1

Isobutyl alcohol (I,T)

U141

120-58-1

Isosafrole

U142

143-50-0

Kepone

U143

303-34-4

Lasiocarpine

U144

301-04-2

Lead acetate

U146

1335-32-6

Lead, bis(acetato-O)tetrahydroxytri-

U145

7446-27-7

Lead phosphate

U146

1335-32-6

Lead subacetate

U129

58-89-9

Lindane

U163

70-25-7

MNNG

U147

108-31-6

Maleic anhydride

U148

123-33-1

Maleic hydrazide

U149

109-77-3

Malononitrile

U150

148-82-3

Melphalan

U151

7439-97-6

Mercury

U152

126-98-7

Methacrylonitrile (I, T)

U092

124-40-3

Methanamine, N-methyl- (I)

U029

74-83-9

Methane, bromo-

U045

74-87-3

Methane, chloro- (I, T)

U046

107-30-2

Methane, chloromethoxy-

U068

74-95-3

Methane, dibromo-

U080

75-09-2

Methane, dichloro-

U075

75-71-8

Methane, dichlorodifluoro-

U138

74-88-4

Methane, iodo-

U211

56-23-5

Methane, tetrachloro-

U225

75-25-2

Methane, tribromo-

U044

67-66-3

Methane, trichloro-

U121

75-69-4

Methane, trichlorofluoro-

U119

62-50-0

Methanesulfonic acid, ethyl ester

U153

74-93-1

Methanethiol (I, T)

U036

57-74-9

4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-

U154

67-56-1

Methanol (I)

U155

91-80-5

Methapyrilene

U142

143-50-0

1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-

U247

72-43-5

Methoxychlor

U154

67-56-1

Methyl alcohol (I)

U029

74-83-9

Methyl bromide

U186

504-60-9

1-Methylbutadiene (I)

U045

74-87-3

Methyl chloride (I,T)

U156

79-22-1

Methyl chlorocarbonate (I,T)

U226

71-55-6

Methyl chloroform

U157

56-49-5

3-Methylcholanthrene

U158

101-14-4

4,4'-Methylenebis(2-chloroaniline)

U068

74-95-3

Methylene bromide

U080

75-09-2

Methylene chloride

U159

78-93-3

Methyl ethyl ketone (MEK) (I,T)

U160

1338-23-4

Methyl ethyl ketone peroxide (R,T)

U138

74-88-4

Methyl iodide

U161

108-10-1

Methyl isobutyl ketone (I)

U162

80-62-6

Methyl methacrylate (I,T)

U161

108-10-1

4-Methyl-2-pentanone (I)

U164

56-04-2

Methylthiouracil

U010

50-07-7

Mitomycin C

U059

20830-81-3

5,12-Naphthacenedione, -acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)-

U167

134-32-7

1-Naphthalenamine

U168

91-59-8

2-Naphthalenamine

U026

494-03-1

Naphthalenamine, N,N'-bis(2-chloroethyl)-

U165

91-20-3

Naphthalene

U047

91-58-7

Naphthalene, 2-chloro-

U166

130-15-4

1,4-Naphthalenedione

U236

72-57-1

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis [5-amino-4-hydroxy]-, tetrasodium salt

U279

63-25-2

1-Naphthalenol, methylcarbamate

U166

130-15-4

1,4-Naphthoquinone

U167

134-32-7

alpha-Naphthylamine

U168

91-59-8

beta-Naphthylamine

U217

10102-45-1

Nitric acid, thallium(1+) salt

U169

98-95-3

Nitrobenzene (I,T)

U170

100-02-7

p-Nitrophenol

U171

79-46-9

2-Nitropropane (I,T)

U172

924-16-3

N-Nitrosodi-n-butylamine

U173

1116-54-7

N-Nitrosodiethanolamine

U174

55-18-5

N-Nitrosodiethylamine

U176

759-73-9

N-Nitroso-N-ethylurea

U177

684-93-5

N-Nitroso-N-methylurea

U178

615-53-2

N-Nitroso-N-methylurethane

U179

100-75-4

N-Nitrosopiperidine

U180

930-55-2

N-Nitrosopyrrolidine

U181

99-55-8

5-Nitro-o-toluidine

U193

1120-71-4

1,2-Oxathiolane, 2,2-dioxide

U058

50-18-0

2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide

U115

75-21-8

Oxirane (I,T)

U126

765-34-4

Oxiranecarboxyaldehyde

U041

106-89-8

Oxirane, (chloromethyl)-

U182

123-63-7

Paraldehyde

U183

608-93-5

Pentachlorobenzene

U184

76-01-7

Pentachloroethane

U185

82-68-8

Pentachloronitrobenzene (PCNB)

See F027

87-86-5

Pentachlorophenol

U161

108-10-1

Pentanol, 4-methyl-

U186

504-60-9

1,3-Pentadiene (I)

U187

62-44-2

Phenacetin

U188

108-95-2

Phenol

U048

95-57-8

Phenol, 2-chloro-

U039

59-50-7

Phenol, 4-chloro-3-methyl-

U081

120-83-2

Phenol, 2,4-dichloro-

U082

87-65-0

Phenol, 2,6-dichloro-

U089

56-53-1

Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-

U101

105-67-9

Phenol, 2,4-dimethyl-

U052

1319-77-3

Phenol, methyl-

U132

70-30-4

Phenol, 2,2'-methylenebis[3,4,6-trichloro-

U411

114-26-1

Phenol, 2-(1-methylethoxy)-, methylcarbamate

U170

100-02-7

Phenol, 4-nitro-

See F027

87-86-5

Phenol, pentachloro-

See F027

58-90-2

Phenol, 2,3,4,6-tetrachloro-

See F027

95-95-4

Phenol, 2,4,5-trichloro-

See F027

88-06-2

Phenol, 2,4,6-trichloro-

U150

148-82-3

L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-

U145

7446-27-7

Phosphoric acid, lead(2+) salt (2:3)

U087

3288-58-2

Phosphorodithioic acid, O,O-diethyl S-methyl ester

U189

1314-80-3

Phosphorus sulfide (R)

U190

85-44-9

Phthalic anhydride

U191

109-06-8

2-Picoline

U179

100-75-4

Piperidine, 1-nitroso-

U192

23950-58-5

Pronamide

U194

107-10-8

1-Propanamine (I,T)

U111

621-64-7

1-Propanamine, N-nitroso-N-propyl-

U110

142-84-7

1-Propanamine, N-propyl- (I)

U066

96-12-8

Propane, 1,2-dibromo-3-chloro-

U083

78-87-5

Propane, 1,2-dichloro-

U171

79-46-9

Propane, 2-nitro- (I,T)

U027

108-60-1

Propane, 2,2'-oxybis[2-chloro-

U193

1120-71-4

1,3-Propane sultone

U149

109-77-3

Propanedinitrile

See F027

93-72-1

Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

U235

126-72-7

1-Propanol, 2,3-dibromo-, phosphate (3:1)

U140

78-83-1

1-Propanol, 2-methyl- (I,T)

U002

67-64-1

2-Propanone (I)

U007

79-06-1

2-Propenamide

U084

542-75-6

1-Propene, 1,3-dichloro-

U243

1888-71-7

1-Propene, 1,1,2,3,3,3-hexachloro-

U009

107-13-1

2-Propenenitrile

U152

126-98-7

2-Propenenitrile, 2-methyl- (I,T)

U008

79-10-7

2-Propenoic acid (I)

U113

140-88-5

2-Propenoic acid, ethyl ester (I)

U118

97-63-2

2-Propenoic acid, 2-methyl-, ethyl ester

U162

80-62-6

2-Propenoic acid, 2-methyl-, methyl ester (I,T)

U373

122-42-9

Propham

U411

114-26-1

Propoxur

U194

107-10-8

n-Propylamine (I,T)

U083

78-87-5

Propylene dichloride

U387

52888-80-9

Prosulfocarb

U148

123-33-1

3,6-Pyridazinedione, 1,2-dihydro-

U196

110-86-1

Pyridine

U191

109-06-8

Pyridine, 2-methyl-

U237

66-75-1

2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]-

U164

56-04-2

4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-

U180

930-55-2

Pyrrolidine, 1-nitroso-

U200

50-55-5

Reserpine

U201

108-46-3

Resorcinol

U203

94-59-7

Safrole

U204

7783-00-8

Selenious acid

U204

7783-00-8

Selenium dioxide

U205

7488-56-4

Selenium sulfide

U205

7488-56-4

Selenium sulfide SeS2 (R,T)

U015

115-02-6

L-Serine, diazoacetate (ester)

See F027

93-72-1

Silvex (2,4,5-TP)

U206

18883-66-4

Streptozotocin

U103

77-78-1

Sulfuric acid, dimethyl ester

U189

1314-80-3

Sulfur phosphide (R)

See F027

93-76-5

2,4,5-T

U207

95-94-3

1,2,4,5-Tetrachlorobenzene

U208

630-20-6

1,1,1,2-Tetrachloroethane

U209

79-34-5

1,1,2,2-Tetrachloroethane

U210

127-18-4

Tetrachloroethylene

See F027

58-90-2

2,3,4,6-Tetrachlorophenol

U213

109-99-9

Tetrahydrofuran (I)

U214

563-68-8

Thallium(I) acetate

U215

6533-73-9

Thallium(I) carbonate

U216

7791-12-0

Thallium(I) chloride

U216

7791-12-0

Thallium chloride TlCl

U217

10102-45-1

Thallium(I) nitrate

U218

62-55-5

Thioacetamide

U410

59669-26-0

Thiodicarb

U153

74-93-1

Thiomethanol (I,T)

U244

137-26-8

Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl-

U409

23564-05-8

Thiophanate-methyl

U219

62-56-6

Thiourea

U244

137-26-8

Thiram

U220

108-88-3

Toluene

U221

25376-45-8

Toluenediamine

U223

26471-62-5

Toluene diisocyanate (R,T)

U328

95-53-4

o-Toluidine

U353

106-49-0

p-Toluidine

U222

636-21-5

o-Toluidine hydrochloride

U389

2303-17-5

Triallate

U226

71-55-6

1,1,1-Trichloroethane

U011

61-82-5

1H-1,2,4-Triazol-3-amine

U227

79-00-5

1,1,2-Trichloroethane

U228

79-01-6

Trichloroethylene

U121

75-69-4

Trichloromonofluoromethane

See F027

95-95-4

2,4,5-Trichlorophenol

See F027

88-06-2

2,4,6-Trichlorophenol

U404

121-44-8

Triethylamine

U234

99-35-4

1,3,5-Trinitrobenzene (R,T)

U182

123-63-7

1,3,5-Trioxane, 2,4,6-trimethyl-

U235

126-72-7

Tris(2,3-dibromopropyl) phosphate

U236

72-57-1

Trypan blue

U237

66-75-1

Uracil mustard

U176

759-73-9

Urea, N-ethyl-N-nitroso-

U177

684-93-5

Urea, N-methyl-N-nitroso-

U043

75-01-4

Vinyl chloride

U248

81-81-2 *

Warfarin, and salts, when present at concentrations of 0.3 per cent or less

U239

1330-20-7

Xylene (I)

U200

50-55-5

Yohimban-16-carboxylic acid, 11,17-dimethoxy-18- [(3,4,5- trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)-

U249

1314-84-7

Zinc phosphide Zn3P2, when present at concentrations of 10 per cent or less

* CAS Number given for parent compound only.

(F) Numerical List

EPA Hazardous Waste #

CAS #

Substance

U001

75-07-0

Acetaldehyde (I)

U001

75-07-0

Ethanal (I)

U002

67-64-1

Acetone (I)

U002

67-64-1

2-Propanone (I)

U003

75-05-8

Acetonitrile (I,T)

U004

98-86-2

Acetophenone

U004

98-86-2

Ethanone, 1-phenyl-

U005

53-96-3

Acetamide, N-9H-fluoren-2-yl-

U005

53-96-3

2-Acetylaminofluorene

U006

75-36-5

Acetyl chloride (C,R,T)

U007

79-06-1

Acrylamide

U007

79-06-1

2-Propenamide

U008

79-10-7

Acrylic acid (I)

U008

79-10-7

2-Propenoic acid (I)

U009

107-13-1

Acrylonitrile

U009

107-13-1

2-Propenenitrile

U010

50-07-7

Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8- [[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]-

U010

50-07-7

Mitomycin C

U011

61-82-5

Amitrole

U011

61-82-5

1H-1,2,4-Triazol-3-amine

U012

62-53-3

Aniline (I,T)

U012

62-53-3

Benzenamine (I,T)

U014

492-80-8

Auramine

U014

492-80-8

Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl-

U015

115-02-6

Azaserine

U015

115-02-6

L-Serine, diazoacetate (ester)

U016

225-51-4

Benz[c]acridine

U017

98-87-3

Benzal chloride

U017

98-87-3

Benzene, (dichloromethyl)-

U018

56-55-3

B enz [a] anthracene

U019

71-43-2

Benzene (I,T)

U020

98-09-9

Benzenesulfonic acid chloride (C,R)

U020

98-09-9

Benzenesulfonyl chloride (C,R)

U021

92-87-5

Benzidine

U021

92-87-5

[1,1'-Biphenyl]-4,4'-diamine

U022

50-32-8

Benzo[a]pyrene

U023

98-07-7

Benzene, (trichloromethyl)-

U023

98-07-7

Benzotrichloride (C,R,T)

U024

111-91-1

Dichloromethoxy ethane

U024

111-91-1

Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-

U025

111-44-4

Dichloroethyl ether

U025

111-44-4

Ethane, 1,1'-oxybis[2-chloro-

U026

494-03-1

Chlornaphazin

U026

494-03-1

Naphthalenamine, N,N'-bis(2-chloroethyl)-

U027

108-60-1

Dichloroisopropyl ether

U027

108-60-1

Propane, 2,2'-oxybis[2-chloro-

U028

117-81-7

1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester

U028

117-81-7

Diethylhexyl phthalate

U029

74-83-9

Methane, bromo-

U029

74-83-9

Methyl bromide

U030

101-55-3

Benzene, 1-bromo-4-phenoxy-

U030

101-55-3

4-Bromophenyl phenyl ether

U031

71-36-3

1-Butanol (I)

U031

71-36-3

n-Butyl alcohol (I)

U032

13765-19-0

Calcium chromate

U032

13765-19-0

Chromic acid H2CrO4, calcium salt

U033

353-50-4

Carbonic difluoride

U033

353-50-4

Carbon oxyfluoride (R,T)

U034

75-87-6

Acetaldehyde, trichloro-

U034

75-87-6

Chloral

U035

305-03-3

Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-

U035

305-03-3

Chlorambucil

U036

57-74-9

Chlordane, alpha and gamma isomers

U036

57-74-9

4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-

U037

108-90-7

Benzene, chloro-

U037

108-90-7

Chlorobenzene

U038

510-15-6

Benzeneacetic acid, -chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester

U038

510-15-6

Chlorobenzilate

U039

59-50-7

p-Chloro-m-cresol

U039

59-50-7

Phenol, 4-chloro-3-methyl-

U041

106-89-8

Epichlorohydrin

U041

106-89-8

Oxirane, (chloromethyl)-

U042

110-75-8

2-Chloroethyl vinyl ether

U042

110-75-8

Ethene, (2-chloroethoxy)-

U043

75-01-4

Ethene, chloro-

U043

75-01-4

Vinyl chloride

U044

67-66-3

Chloroform

U044

67-66-3

Methane, trichloro-

U045

74-87-3

Methane, chloro- (I, T)

U045

74-87-3

Methyl chloride (I,T)

U046

107-30-2

Chloromethyl methyl ether

U046

107-30-2

Methane, chloromethoxy-

U047

91-58-7

beta-Chloronaphthalene

U047

91-58-7

Naphthalene, 2-chloro-

U048

95-57-8

o-Chlorophenol

U048

95-57-8

Phenol, 2-chloro-

U049

3165-93-3

Benzenamine, 4-chloro-2-methyl-, hydrochloride

U049

3165-93-3

4-Chloro-o-toluidine, hydrochloride

U050

218-01-9

Chrysene

U051

----

Creosote

U052

1319-77-3

Cresol (Cresylic acid)

U052

1319-77-3

Phenol, methyl-

U053

4170-30-3

2-Butenal

U053

4170-30-3

Crotonaldehyde

U055

98-82-8

Benzene, (1-methylethyl)- (I)

U055

98-82-8

Cumene (I)

U056

110-82-7

Benzene, hexahydro- (I)

U056

110-82-7

Cyclohexane (I)

U057

108-94-1

Cyclohexanone (I)

U058

50-18-0

Cyclophosphamide

U058

50-18-0

2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide

U059

20830-81-3

Daunomycin

U059

20830-81-3

5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl) oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)-

U060

72-54-8

Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro-

U060

72-54-8

DDD

U061

50-29-3

Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-

U061

50-29-3

DDT

U062

2303-16-4

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester

U062

2303-16-4

Diallate

U063

53-70-3

Dibenz [a,h] anthracene

U064

189-55-9

B enzo[rst] pentaphene

U064

189-55-9

Dibenzo[a,i]pyrene

U066

96-12-8

1,2-Dibromo-3-chloropropane

U066

96-12-8

Propane, 1,2-dibromo-3-chloro-

U067

106-93-4

Ethane, 1,2-dibromo-

U067

106-93-4

Ethylene dibromide

U068

74-95-3

Methane, dibromo-

U068

74-95-3

Methylene bromide

U069

84-74-2

1,2-Benzenedicarboxylic acid, dibutyl ester

U069

84-74-2

Dibutyl phthalate

U070

95-50-1

Benzene, 1,2-dichloro-

U070

95-50-1

o-Dichlorobenzene

U071

541-73-1

Benzene, 1,3-dichloro-

U071

541-73-1

m-Dichlorobenzene

U072

106-46-7

Benzene, 1,4-dichloro-

U072

106-46-7

p-Dichlorobenzene

U073

91-94-1

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-

U073

91-94-1

3,3'-Dichlorobenzidine

U074

764-41-0

2-Butene, 1,4-dichloro- (I,T)

U074

764-41-0

1,4-Dichloro-2-butene (I,T)

U075

75-71-8

Dichlorodifluoromethane

U075

75-71-8

Methane, dichlorodifluoro-

U076

75-34-3

Ethane, 1,1-dichloro-

U076

75-34-3

Ethylidene dichloride

U077

107-06-2

Ethane, 1,2-dichloro-

U077

107-06-2

Ethylene dichloride

U078

75-35-4

1,1-Dichloroethylene

U078

75-35-4

Ethene, 1,1-dichloro-

U079

156-60-5

1,2-Dichloroethylene

U079

156-60-5

Ethene, 1,2-dichloro-, (E)-

U080

75-09-2

Methane, dichloro-

U080

75-09-2

Methylene chloride

U081

120-83-2

2,4-Dichlorophenol

U081

120-83-2

Phenol, 2,4-dichloro-

U082

87-65-0

2,6-Dichlorophenol

U082

87-65-0

Phenol, 2,6-dichloro-

U083

78-87-5

Propane, 1,2-dichloro-

U083

78-87-5

Propylene dichloride

U084

542-75-6

1,3-Dichloropropene

U084

542-75-6

1-Propene, 1,3-dichloro-

U085

1464-53-5

2,2'-Bioxirane

U085

1464-53-5

1,2:3,4-Diepoxybutane (I,T)

U086

1615-80-1

N,N'-Diethylhydrazine

U086

1615-80-1

Hydrazine, 1,2-diethyl-

U087

3288-58-2

O,O-Diethyl S-methyl dithiophosphate

U087

3288-58-2

Phosphorodithioic acid, O,O-diethyl S-methyl ester

U088

84-66-2

1,2-Benzenedicarboxylic acid, diethyl ester

U088

84-66-2

Diethyl phthalate

U089

56-53-1

Diethylstilbesterol

U089

56-53-1

Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-

U090

94-58-6

1,3-Benzodioxole, 5-propyl-

U090

94-58-6

Dihydrosafrole

U091

119-90-4

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy-

U091

119-90-4

3,3'-Dimethoxybenzidine

U092

124-40-3

Dimethylamine (I)

U092

124-40-3

Methanamine, N-methyl- (I)

U093

60-11-7

Benzenamine, N,N-dimethyl-4-(phenylazo)-

U093

60-11-7

p-Dimethylaminoazobenzene

U094

57-97-6

Benz[a]anthracene, 7,12-dimethyl-

U094

57-97-6

7,12-Dimethylbenz[a]anthracene

U095

119-93-7

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-

U095

119-93-7

3,3'-Dimethylbenzidine

U096

80-15-9

alpha,alpha-Dimethylbenzylhydroperoxide (R)

U096

80-15-9

Hydroperoxide, 1-methyl-1-phenylethyl- (R)

U097

79-44-7

Carbamic chloride, dimethyl-

U097

79-44-7

Dimethylcarbamoyl chloride

U098

57-14-7

1,1-Dimethylhydrazine

U098

57-14-7

Hydrazine, 1,1-dimethyl-

U099

540-73-8

1,2-Dimethylhydrazine

U099

540-73-8

Hydrazine, 1,2-dimethyl-

U101

105-67-9

2,4-Dimethylphenol

U101

105-67-9

Phenol, 2,4-dimethyl-

U102

131-11-3

1,2-Benzenedicarboxylic acid, dimethyl ester

U102

131-11-3

Dimethyl phthalate

U103

77-78-1

Dimethyl sulfate

U103

77-78-1

Sulfuric acid, dimethyl ester

U105

121-14-2

Benzene, 1-methyl-2,4-dinitro-

U105

121-14-2

2,4-Dinitrotoluene

U106

606-20-2

Benzene, 2-methyl-1,3-dinitro-

U106

606-20-2

2,6-Dinitrotoluene

U107

117-84-0

1,2-Benzenedicarboxylic acid, dioctyl ester

U107

117-84-0

Di-n-octyl phthalate

U108

123-91-1

1,4-Diethyleneoxide

U108

123-91-1

1,4-Dioxane

U109

122-66-7

1,2-Diphenylhydrazine

U109

122-66-7

Hydrazine, 1,2-diphenyl-

U110

142-84-7

Dipropylamine (I)

U110

142-84-7

1-Propanamine, N-propyl- (I)

U111

621-64-7

Di-n-propylnitrosamine

U111

621-64-7

1-Propanamine, N-nitroso-N-propyl-

U112

141-78-6

Acetic acid ethyl ester (I)

U112

141-78-6

Ethyl acetate (I)

U113

140-88-5

Ethyl acrylate (I)

U113

140-88-5

2-Propenoic acid, ethyl ester (I)

U114

111-54-6 *

Carbamodithioic acid, 1,2-ethanediylbis-, salts and esters

U114

111-54-6 *

Ethylenebisdithiocarbamic acid, salts and esters

U115

75-21-8

Ethylene oxide (I,T)

U115

75-21-8

Oxirane (I,T)

U116

96-45-7

Ethylenethiourea

U116

96-45-7

2-Imidazolidinethione

U117

60-29-7

Ethane, 1,1'-oxybis-(I)

U117

60-29-7

Ethyl ether (I)

U118

97-63-2

Ethyl methacrylate

U118

97-63-2

2-Propenoic acid, 2-methyl-, ethyl ester

U119

62-50-0

Ethyl methanesulfonate

U119

62-50-0

Methanesulfonic acid, ethyl ester

U120

206-44-0

Fluoranthene

U121

75-69-4

Methane, trichlorofluoro-

U121

75-69-4

Trichloromonofluoromethane

U122

50-00-0

Formaldehyde

U123

64-18-06

Formic acid (C,T)

U124

110-00-9

Furan (I)

U124

110-00-9

Furfuran (I)

U125

98-01-1

2-Furancarboxaldehyde (I)

U125

98-01-1

Furfural (I)

U126

765-34-4

Glycidylaldehyde

U126

765-34-4

Oxiranecarboxyaldehyde

U127

118-74-1

Benzene, hexachloro-

U127

118-74-1

Hexachlorobenzene

U128

87-68-3

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

U128

87-68-3

Hexachlorobutadiene

U129

58-89-9

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)-

U129

58-89-9

Lindane

U130

77-47-4

1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-

U130

77-47-4

Hexachlorocyclopentadiene

U131

67-72-1

Ethane, hexachloro-

U131

67-72-1

Hexachloroethane

U132

70-30-4

Hexachlorophene

U132

70-30-4

Phenol, 2,2'-methylenebis[3,4,6-trichloro-

U133

302-01-2

Hydrazine (R,T)

U134

7664-39-3

Hydrofluoric acid (C,T)

U134

7664-39-3

Hydrogen fluoride (C,T)

U135

7783-06-4

Hydrogen sulfide

U135

7783-06-4

Hydrogen sulfide H2S

U136

75-60-5

Arsinic acid, dimethyl-

U136

75-60-5

Cacodylic acid

U137

193-39-5

Indeno[ 1,2,3 -cd]pyrene

U138

74-88-4

Methane, iodo-

U138

74-88-4

Methyl iodide

U140

78-83-1

Isobutyl alcohol (I,T)

U140

78-83-1

1-Propanol, 2-methyl- (I,T)

U141

120-58-1

1,3-Benzodioxole, 5-(1-propenyl)-

U141

120-58-1

Isosafrole

U142

143-50-0

Kepone

U142

143-50-0

1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-

U143

303-34-4

2-Butenoic acid, -methyl-,7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, 1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-

U143

303-34-4

Lasiocarpine

U144

301-04-2

Acetic acid, lead(2+) salt

U144

301-04-2

Lead acetate

U145

7446-27-7

Lead phosphate

U145

7446-27-7

Phosphoric acid, lead(2+) salt (2:3)

U146

1335-32-6

Lead, bis(acetato-O)tetrahydroxytri-

U146

1335-32-6

Lead subacetate

U147

108-31-6

2,5-Furandione

U147

108-31-6

Maleic anhydride

U148

123-33-1

Maleic hydrazide

U148

123-33-1

3,6-Pyridazinedione, 1,2-dihydro-

U149

109-77-3

Malononitrile

U149

109-77-3

Propanedinitrile

U150

148-82-3

Melphalan

U150

148-82-3

L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-

U151

7439-97-6

Mercury

U152

126-98-7

Methacrylonitrile (I, T)

U152

126-98-7

2-Propenenitrile, 2-methyl- (I,T)

U153

74-93-1

Methanethiol (I, T)

U153

74-93-1

Thiomethanol (I,T)

U154

67-56-1

Methanol (I)

U154

67-56-1

Methyl alcohol (I)

U155

91-80-5

1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-

U155

91-80-5

Methapyrilene

U156

79-22-1

Carbonochloridic acid, methyl ester (I,T)

U156

79-22-1

Methyl chlorocarbonate (I,T)

U157

56-49-5

Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-

U157

56-49-5

3-Methylcholanthrene

U158

101-14-4

Benzenamine, 4,4'-methylenebis[2-chloro-

U158

101-14-4

4,4'-Methylenebis(2-chloroaniline)

U159

78-93-3

2-Butanone (I,T)

U159

78-93-3

Methyl ethyl ketone (MEK) (I,T)

U160

1338-23-4

2-Butanone, peroxide (R,T)

U160

1338-23-4

Methyl ethyl ketone peroxide (R,T)

U161

108-10-1

Methyl isobutyl ketone (I)

U161

108-10-1

4-Methyl-2-pentanone (I)

U161

108-10-1

Pentanol, 4-methyl-

U162

80-62-6

Methyl methacrylate (I,T)

U162

80-62-6

2-Propenoic acid, 2-methyl-, methyl ester (I,T)

U163

70-25-7

Guanidine, N-methyl-N'-nitro-N-nitroso-

U163

70-25-7

MNNG

U164

56-04-2

Methylthiouracil

U164

56-04-2

4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-

U165

91-20-3

Naphthalene

U166

130-15-4

1,4-Naphthalenedione

U166

130-15-4

1,4-Naphthoquinone

U167

134-32-7

1-Naphthalenamine

U167

134-32-7

alpha-Naphthylamine

U168

91-59-8

2-Naphthalenamine

U168

91-59-8

beta-Naphthylamine

U169

98-95-3

Benzene, nitro-

U169

98-95-3

Nitrobenzene (I,T)

U170

100-02-7

p-Nitrophenol

U170

100-02-7

Phenol, 4-nitro-

U171

79-46-9

2-Nitropropane (I,T)

U171

79-46-9

Propane, 2-nitro- (I,T)

U172

924-16-3

1-Butanamine, N-butyl-N-nitroso-

U172

924-16-3

N-Nitrosodi-n-butylamine

U173

1116-54-7

Ethanol, 2,2'-(nitrosoimino)bis-

U173

1116-54-7

N-Nitrosodiethanolamine

U174

55-18-5

Ethanamine, N-ethyl-N-nitroso-

U174

55-18-5

N-Nitrosodiethylamine

U176

759-73-9

N-Nitroso-N-ethylurea

U176

759-73-9

Urea, N-ethyl-N-nitroso-

U177

684-93-5

N-Nitroso-N-methylurea

U177

684-93-5

Urea, N-methyl-N-nitroso-

U178

615-53-2

Carbamic acid, methylnitroso-, ethyl ester

U178

615-53-2

N-Nitroso-N-methylurethane

U179

100-75-4

N-Nitrosopiperidine

U179

100-75-4

Piperidine, 1-nitroso-

U180

930-55-2

N-Nitrosopyrrolidine

U180

930-55-2

Pyrrolidine, 1-nitroso-

U181

99-55-8

Benzenamine, 2-methyl-5-nitro-

U181

99-55-8

5-Nitro-o-toluidine

U182

123-63-7

Paraldehyde

U182

123-63-7

1,3,5-Trioxane, 2,4,6-trimethyl-

U183

608-93-5

Benzene, pentachloro-

U183

608-93-5

Pentachlorobenzene

U184

76-01-7

Ethane, pentachloro-

U184

76-01-7

Pentachloroethane

U185

82-68-8

Benzene, pentachloronitro-

U185

82-68-8

Pentachloronitrobenzene (PCNB)

U186

504-60-9

1-Methylbutadiene (I)

U186

504-60-9

1,3-Pentadiene (I)

U187

62-44-2

Acetamide, N-(4-ethoxyphenyl)-

U187

62-44-2

Phenacetin

U188

108-95-2

Phenol

U189

1314-80-3

Phosphorus sulfide (R)

U189

1314-80-3

Sulfur phosphide (R)

U190

85-44-9

1,3-Isobenzofurandione

U190

85-44-9

Phthalic anhydride

U191

109-06-8

2-Picoline

U191

109-06-8

Pyridine, 2-methyl-

U192

23950-58-5

Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-

U192

23950-58-5

Pronamide

U193

1120-71-4

1,2-Oxathiolane, 2,2-dioxide

U193

1120-71-4

1,3-Propane sultone

U194

107-10-8

1-Propanamine (I,T)

U194

107-10-8

n-Propylamine (I,T)

U196

110-86-1

Pyridine

U197

106-51-4

p-Benzoquinone

U197

106-51-4

2,5-Cyclohexadiene-1,4-dione

U200

50-55-5

Reserpine

U200

50-55-5

Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)-

U201

108-46-3

1,3-Benzenediol

U201

108-46-3

Resorcinol

U203

94-59-7

1,3-Benzodioxole, 5-(2-propenyl)-

U203

94-59-7

Safrole

U204

7783-00-8

Selenious acid

U204

7783-00-8

Selenium dioxide

U205

7488-56-4

Selenium sulfide

U205

7488-56-4

Selenium sulfide SeS2 (R,T)

U206

18883-66-4

Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D-

U206

18883-66-4

D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]-

U206

18883-66-4

Streptozotocin

U207

95-94-3

Benzene, 1,2,4,5-tetrachloro-

U207

95-94-3

1,2,4,5-Tetrachlorobenzene

U208

630-20-6

Ethane, 1,1,1,2-tetrachloro-

U208

630-20-6

1,1,1,2-Tetrachloroethane

U209

79-34-5

Ethane, 1,1,2,2-tetrachloro-

U209

79-34-5

1,1,2,2-Tetrachloroethane

U210

127-18-4

Ethene, tetrachloro-

U210

127-18-4

Tetrachloroethylene

U211

56-23-5

Carbon tetrachloride

U211

56-23-5

Methane, tetrachloro-

U213

109-99-9

Furan, tetrahydro-(I)

U213

109-99-9

Tetrahydrofuran (I)

U214

563-68-8

Acetic acid, thallium(1+) salt

U214

563-68-8

Thallium(I) acetate

U215

6533-73-9

Carbonic acid, dithallium(1+) salt

U215

6533-73-9

Thallium(I) carbonate

U216

7791-12-0

Thallium(I) chloride

U216

7791-12-0

Thallium chloride TlCl

U217

10102-45-1

Nitric acid, thallium(1+) salt

U217

10102-45-1

Thallium(I) nitrate

U218

62-55-5

Ethanethioamide

U218

62-55-5

Thioacetamide

U219

62-56-6

Thiourea

U220

108-88-3

Benzene, methyl-

U220

108-88-3

Toluene

U221

25376-45-8

Benzenediamine, ar-methyl-

U221

25376-45-8

Toluenediamine

U222

636-21-5

Benzenamine, 2-methyl-, hydrochloride

U222

636-21-5

o-Toluidine hydrochloride

U223

26471-62-5

Benzene, 1,3-diisocyanatomethyl- (R,T)

U223

26471-62-5

Toluene diisocyanate (R,T)

U225

75-25-2

Bromoform

U225

75-25-2

Methane, tribromo-

U226

71-55-6

Ethane, 1,1,1-trichloro-

U226

71-55-6

Methyl chloroform

U226

71-55-6

1,1,1-Trichloroethane

U227

79-00-5

Ethane, 1,1,2-trichloro-

U227

79-00-5

1,1,2-Trichloroethane

U228

79-01-6

Ethene, trichloro-

U228

79-01-6

Trichloroethylene

U234

99-35-4

Benzene, 1,3,5-trinitro-

U234

99-35-4

1,3,5-Trinitrobenzene (R,T)

U235

126-72-7

1-Propanol, 2,3-dibromo-, phosphate (3:1)

U235

126-72-7

Tris(2,3-dibromopropyl) phosphate

U236

72-57-1

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt

U236

72-57-1

Trypan blue

U237

66-75-1

2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]-

U237

66-75-1

Uracil mustard

U238

51-79-6

Carbamic acid, ethyl ester

U238

51-79-6

Ethyl carbamate (urethane)

U239

1330-20-7

Benzene, dimethyl- (I)

U239

1330-20-7

Xylene (I)

U240

94-75-7 *

Acetic acid, (2,4-dichlorophenoxy)-, salts and esters

U240

94-75-7 *

2,4-D, salts and esters

U243

1888-71-7

Hexachloropropene

U243

1888-71-7

1-Propene, 1,1,2,3,3,3-hexachloro-

U244

137-26-8

Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl-

U244

137-26-8

Thiram

U246

506-68-3

Cyanogen bromide (CN)Br

U247

72-43-5

Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-

U247

72-43-5

Methoxychlor

U248

81-81-2 *

2H-1-Benzopyran-2-one,4-hydroxy-3-(3-oxo-1-phenyl-butyl)-, and salts, when present at concentrations of 0.3 per cent or less

U248

81-81-2 *

Warfarin, and salts, when present at concentrations of 0.3 per cent or less

U249

1314-84-7

Zinc phosphide Zn3P2, when present at concentrations of 10 per cent or less

U271

17804-35-2

Benomyl

U271

17804-35-2

Carbamic acid, [1-[(buthylamino)carbonyl]-1H-benzimidazol-2-yl], methyl ester

U278

22781-23-3

Bendiocarb

U278

22781-23-3

1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate

U279

63-25-2

Carbaryl

U279

63-25-2

1-Naphthalenol, methylcarbamate

U280

101-27-9

Barban

U280

101-27-9

Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester

U328

95-53-4

Benzenamine, 2-methyl-

U328

95-53-4

o-Toluidine

U353

106-49-0

Benzenamine, 4-methyl-

U353

106-49-0

p-Toluidine

U359

110-80-5

Ethanol, 2-ethoxy-

U359

110-80-5

Ethylene glycol monoethyl ether

U364

22961-82-6

Bendiocarb phenol

U364

22961-82-6

1,3-Benzodioxol-4-ol, 2,2-dimethyl-

U367

1563-38-8

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-

U367

1563-38-8

Carbofuran phenol

U372

10605-21-7

Carbamic acid, 1H-benzimidazol-2-yl, methyl ester

U372

10605-21-7

Carbendazim

U373

122-42-9

Carbamic acid, phenyl-, 1-methylethyl ester

U373

122-42-9

Propham

U387

52888-80-9

Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester

U387

52888-80-9

Prosulfocarb

U389

2303-17-5

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester

U389

2303-17-5

Triallate

U394

30558-43-1

A2213

U394

30558-43-1

Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester

U395

5952-26-1

Diethylene glycol, dicarbamate

U395

5952-26-1

Ethanol, 2,2'-oxybis-, dicarbamate

U404

121-44-8

Ethanamine, N, N-diethyl-

U404

121-44-8

Triethylamine

U409

23564-05-8

Carbamic acid, [1,2-phenylenebis (iminocarbobothioyl)]bis-, dimethyl ester

U409

23564-05-8

Thiophanate-methyl

U410

59669-26-0

Ethanimidothioic acid, N,N'-[thiobis [(methylimino)carbonyloxy]]bis-, dimethyl ester

U410

59669-26-0

Thiodicarb

U411

114-26-1

Phenol, 2-(1-methylethoxy)-, methylcarbamate

U411

114-26-1

Propoxur

See F027

93-76-5

Acetic acid, (2,4,5-trichlorophenoxy)-

See F027

87-86-5

Pentachlorophenol

See F027

87-86-5

Phenol, pentachloro-

See F027

58-90-2

Phenol, 2,3,4,6-tetrachloro-

See F027

95-95-4

Phenol, 2,4,5-trichloro-

See F027

88-06-2

Phenol, 2,4,6-trichloro-

See F027

93-72-1

Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

See F027

93-72-1

Silvex (2,4,5-TP)

See F027

93-76-5

2,4,5-T

See F027

58-90-2

2,3,4,6-Tetrachlorophenol

See F027

95-95-4

2,4,5-Trichlorophenol

See F027

88-06-2

2,4,6-Trichlorophenol

* CAS Number given for parent compound only.

(G) As used in this rule, the phrase "commercial chemical products or manufacturing chemical intermediates having the generic name listed in ... " refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. That term does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (E) or (F) of this rule. Where a manufacturing process waste is deemed to be a hazardous waste because such waste contains a substance listed in paragraph (E) or (F) of this rule, such waste will be listed in either rule 3745-51-31 or 3745-51-32 of the Administrative Code, or will be identified as a hazardous waste by the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.

Effective: 10/31/2015
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 09/22/1986, 11/13/1987, 12/08/1988, 12/30/1989, 06/29/1990, 02/11/1992, 02/14/1995, 09/02/1997, 12/07/2000, 12/07/2004, 09/05/2010, 03/17/2012

3745-51-35 Deletion of certain EPA hazardous waste numbers following equipment cleaning and replacement.

(A) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing description of F032 once the generator has met all of the requirements of paragraphs (B) and (C) of this rule. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.

(B) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.

(1) Generators shall do one of the following:

(a) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this rule .

(b) Prepare and follow an equipment replacement plan and replace equipment in accordance with this rule .

(c) Document cleaning and replacement in accordance with this rule, carried out after termination of use of chlorophenolic preservations.

(2) Cleaning requirements.

(a) Prepare and sign a written equipment cleaning plan that describes all of the following:

(i) The equipment to be cleaned .

(ii) How the equipment will be cleaned .

(iii) The solvent to be used in cleaning .

(iv) How solvent rinses will be tested .

(v) How cleaning residues will be disposed.

(b) Equipment shall be cleaned as follows:

(i) Remove all visible residues from process equipment .

(ii) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.

(c) Analytical requirements.

(i) Rinses shall be tested by using an appropriate method.

(ii) "Not detected" means at or below the lower method calibration limit (MCLs): The 2,3,7,8-TCDD-based MCL- 0.01 parts per trillion (ppt), sample weight of one thousand grams, IS spiking level of one ppt, final extraction volume of ten to fifty microliters. For other congeners- multiply the values by 1.0 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF, HpCDD/HpCDF, and by 5.0 for OCDD/OCDF.

(d) The generator shall manage all residues from the cleaning process as F032 waste.

(3) Replacement requirements.

(a) Prepare and sign a written equipment replacement plan that describes all of the following:

(i) The equipment to be replaced .

(ii) How the equipment will be replaced .

(iii) How the equipment will be disposed.

(b) The generator shall manage the discarded equipment as F032 waste.

(4) Documentation requirements. Document that previous equipment cleaning or replacement was performed in accordance with this rule and occurred after cessation of use of chlorophenolic preservatives.

(C) The generator shall maintain all of the following records documenting the cleaning and replacement as part of the facility's operating record:

(1) The name and address of the facility .

(2) Formulations previously used and the date on which their use ceased in each process at the plant .

(3) Formulations currently used in each process at the plant .

(4) The equipment cleaning or replacement plan .

(5) The name and address of any persons who conducted the cleaning and replacement .

(6) The dates on which cleaning and replacement were accomplished .

(7) The dates of sampling and testing .

(8) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples .

(9) A description of the tests performed, the date the tests were performed, and the results of the tests .

(10) The name and model numbers of the instruments used in performing the tests .

(11) Quality assurance/quality control (QA/QC) documentation .

(12) The following statement signed by the generator or his authorized representative:

"I certify under penalty of law that all process equipment required to be cleaned or replaced under rule 3745-51-35 of the Administrative Code was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment."

[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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997, 12/07/2004, 02/16/2009

3745-51-38 [Rescinded] Comparable/syngas fuel exclusion.

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 07/27/2001, 12/07/2004, 02/16/2009

3745-51-39 Conditional exclusion for used, broken CRTs and processed CRT glass undergoing recycling.

Used, broken cathode ray tubes (CRTs) are not wastes if they meet the following conditions:

(A) Prior to processing: These materials are not wastes if they are destined for recycling and if they meet the following requirements:

(1) Storage. The broken CRTs must be either:

(a) Stored in a building with a roof, floor, and walls, or

(b) Placed in a container (i.e., a package or a vehicle) that is constructed, filled, and closed to minimize releases to the environment of CRT glass (including fine solid materials).

(2) Labeling. Each container in which the used, broken CRT is contained must be labeled or marked clearly with one of the following phrases: "Used cathode ray tube(s)- contains leaded glass" or "Leaded glass from televisions or computers." It must also be labeled "Do not mix with other glass materials."

(3) Transportation. The used, broken CRTs must be transported in a container meeting the requirements of paragraphs (A)(1)(b) and (A)(2) of this rule.

(4) Accumulating speculatively and use constituting disposal. The used, broken CRTs are subject to the limitations on being "accumulated speculatively" as provided in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code. If they are used in a manner constituting disposal, they must comply with the applicable requirements of rules 3745-266-20 to 3745-266-23 of the Administrative Code instead of the requirements of this rule.

(5) Exports. In addition to the applicable conditions specified in paragraphs (A)(1) to (A)(4) of this rule, exporters of used, broken CRTs must notify U.S. EPA of an intended export before the CRTs are scheduled to leave the United States, and must comply with the notification requirements in 40 CFR 261.39(a)(5)(i) to (a)(5)(ix). Notifications submitted by mail should be sent to "Office of Enforcement and Compliance Assurance, Mail Code 2254A, Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, DC, 20460." Hand-delivered notifications should be sent to "Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, Mail Code 2254A, Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 1200 Pennsylvania Ave., NW., Washington, DC." In both cases, the following must be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export CRTs."

[Comment: 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 U.S. is solely regulated by the federal government.]

(B) Requirements for used CRT processing: Used, broken CRTs undergoing "CRT processing" as defined in rule 3745-50-10 of the Administrative Code are not wastes if they meet the following requirements:

(1) Storage. Used, broken CRTs undergoing processing are subject to the requirement of paragraph (A)(4) of this rule.

(2) Processing.

(a) All activities specified in subparagraphs (b) and (c) of the definition of "CRT processing" in rule 3745-50-10 of the Administrative Code must be performed within a building with a roof, floor, and walls; and

(b) No activities may be performed that use temperatures high enough to volatilize lead from CRTs.

(C) Processed CRT glass sent to CRT glass making or lead smelting: Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a waste unless it is "accumulated speculatively" as defined in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code.

(D) Use constituting disposal: Glass from used CRTs that is used in a manner constituting disposal must comply with the requirements of rules 3745-266-20 to 3745-266-23 of the Administrative Code instead of the requirements of this rule.

[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."]

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/05/2010

3745-51-40 Conditional exclusion for used, intact CRTs exported for recycling.

Used, intact cathode ray tubes (CRTs) exported for recycling are not wastes if they meet the notice and consent conditions of 40 CFR 261.39(a)(5) , and if they are not "accumulated speculatively" as defined in paragraph (C)(8) of rule 3745-51-01 of the Administrative Code.

[Comment: 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 U.S. is solely regulated by the federal government.]

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/05/2010

3745-51-41 Notification and recordkeeping for used, intact CRTs exported for reuse.

(A) Persons who export used, intact cathode ray tubes (CRTs) for reuse must send a one-time notification to the regional administrator. The notification must include a statement that the notifier plans to export used, intact CRTs for reuse, the notifier's name, address, and U.S. EPA identification number (if applicable), and the name and phone number of a contact person.

(B) Persons who export used, intact CRTs for reuse must keep copies of normal business records, such as contracts, demonstrating that each shipment of exported CRTs will be reused. This documentation must be retained for a period of at least three years from the date the CRTs were exported.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-51-100 Financial assurance for seventy-two hour recyclers.

Owners or operators of facilities that enter recyclable materials into a recycling process within seventy-two hours after arrival at the facility, except as provided in paragraph (A)(2) of rule 3745-51-06 of the Administrative Code, may store recyclable materials in containers, tanks, or containment buildings without an Ohio hazardous waste permit, provided that the financial assurance requirements of this rule are met. All financial assurance documentation shall be approved by Ohio EPA prior to storing any material and shall comply with this rule.

(A) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code. The cost estimate:

(1) Shall equal the cost of final closure at the point in the active life of the facility when the extent and manner of its operation would make closure the most expensive.

(2) Shall be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See the definition of "parent corporation" in rule 3745-66-41 of the Administrative Code.)

(3) May not incorporate any salvage value that may be realized with the sale of recyclable materials, hazardous wastes, nonhazardous wastes, facility structures or equipment, or land or other asset associated with the facility.

(4) May not incorporate a zero cost for recyclable materials, or hazardous wastes, or nonhazardous wastes that might have economic value.

(B) During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within sixty days prior to the anniversary date of the establishment of the financial instruments used to comply with rule 3745-66-43 of the Administrative Code. For owners or operators using the financial test, the cost estimate shall be updated for inflation within thirty days after the close of the firm's fiscal year and before, or in conjunction with, submittal of updated information to the director as specified in paragraph (E)(3) of rule 3745-66-43 of the Administrative Code. The adjustment may be made by recalculating the closure cost estimate in current dollars, or by using an inflation factor derived as specified in 40 CFR 265.142(b).

(1) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.

(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.

(C) During the active life of the facility, the owner or operator shall revise the closure cost estimate no later than thirty days after a change in owner or operator's closure requirements that would increase the cost of conducting closure, or no later than sixty days after an unexpected event which increases the cost of conducting closure in accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code. The revised cost estimate shall be adjusted for inflation as specified in paragraph (B) of this rule. The revised closure cost estimate shall be submitted to the director within thirty days after the estimate is revised.

(D) The owner or operator shall keep the following at the facility during the active life of the facility: the latest closure cost estimate prepared in accordance with paragraphs (A) and (C) of this rule, and, when this estimate has been adjusted in accordance with paragraph (B) of this rule, the latest closure cost estimate.

(E) A copy of the facility's current, detailed closure cost estimate prepared in accordance with paragraphs (A) and (B) of this rule shall be submitted annually to the director.

(1) For owners and operators using a financial mechanism other than the financial test, such submittal of the closure cost estimate shall be made within thirty days after a revision or update to the estimate made in accordance with paragraph (B) of this rule.

(2) For owners and operators using a financial test, such submittal of the closure cost estimate shall be made within ninety days after the close of the firm's fiscal year following a revision or update to the estimate in accordance with paragraph (B) of this rule.

(F) The owner or operator shall provide financial assurance documentation that meets the requirements of paragraphs (A) to (G) of rule 3745-66-43 of the Administrative Code, except that where paragraph (H) of rule 3745-66-43 of the Administrative Code is referenced in paragraphs (A) to (G) of rule 3745-66-43 of the Administrative Code, that requirement shall be replaced with the requirements of paragraph (G) of this rule.

(G) Release of the owner or operator from the requirements of providing financial assurance in accordance with paragraph (F) of this rule. Within sixty days after receiving written documentation from the owner or operator that the final closure has been completed in accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code, the director will notify the owner or operator in writing that the owner or operator is no longer required by this rule to maintain financial assurance for final closure of the facility, unless the director has reason to believe that final closure has not been in accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code. The director will provide the owner or operator a detailed written statement of any such reason to believe final closure has not been completed.

(H) The owner or operator shall provide liability coverage for sudden accidental occurrences that meet the requirements of paragraph (A) of rule 3745-66-47 of the Administrative Code.

(I) Period of liability coverage. Within sixty days after receiving written documentation from the owner or operator that final closure has been completed in accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code, the director will notify the owner or operator in writing that the owner or operator is no longer required by this rule to maintain liability coverage for that facility, unless the director has reason to believe that final closure has not been completed.

[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."]

Effective: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12