(A) Rules
3745-266-20 to
3745-266-23
of the Administrative Code apply to recyclable materials that are applied to or
placed on the land:
(1) Without mixing with
any other
substance(s)
substances; or
(2) After mixing or combination with any
other
substance(s).
substances. These materials will be referred to throughout
rules 3745-266-20 to
3745-266-23
of the Administrative Code as "materials used in a manner that constitutes
disposal."
(3) The materials in paragraphs
(A)(1) and (A)(2) of this rule will be referred to throughout rules 3745-266-20
to
3745-266-23
of the Administrative Code as "materials used in a manner that constitutes
disposal."
(B) Products produced for use by the general
public that are used in a manner that constitutes disposal and that contain
recyclable materials are not presently subject to regulation if the recyclable
materials have undergone a chemical reaction in the course of producing the
products so as to become inseparable by physical means and if such products
meet the applicable treatment standards in rules
3745-270-40
to
3745-270-49
of the Administrative Code [or applicable prohibition levels in rule
3745-270-32
of the Administrative Code or Section 3004(d) of RCRA, where no treatment
standards have been established] for each recyclable material (i.e., hazardous
waste) that
they
such products contain
, and the
recycler complies with paragraph (B)(6) of rule
3745-270-07
of the Administrative Code.
(C)
Anti-skid/deicing
Anti-skid
and deicing uses of slags, which are generated from high temperature
metals recovery (HTMR) processing of hazardous wastes K061, K062, and F006, in
a manner constituting disposal are not covered by the exemption in paragraph
(B) of this rule and remain subject to regulation.
(D) Fertilizers that contain recyclable
materials are not subject to regulation provided that:
(1)
They
The fertilizers
are zinc fertilizers excluded from the definition of "waste" according to
paragraph (A)(21) of rule
3745-51-04 of the
Administrative Code; or
(2)
They
The
fertilizers meet the applicable treatment standards in rules
3745-270-40
to
3745-270-49
of the Administrative Code for each hazardous waste that
they
the
fertilizers contain.
[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."]
Notes
Ohio Admin. Code
3745-266-20
Effective:
3/24/2017
Five Year Review (FYR) Dates: Exempt
Promulgated Under:
119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 01/30/1986, 12/08/1988, 12/30/1989, 02/11/1992, 12/07/2000,
12/07/2004, 09/05/2010, 03/17/2012
