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Ohio Laws and Rules
The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in paragraph (A)(2)(a) of rule 3745-51-02 of the Administrative Code, when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they 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 defined 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 it 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 defined 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.]
(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 their corresponding EPA hazardous waste numbers are:
(G) As used in this rule, the phrase “commercial chemical product(s) or manufacturing chemical intermediate(s) 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. It 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 it 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 set forth in rules 3745-51-20 to 3745-51-24 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: 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
