(A) This rule applies to recyclable materials
that are reclaimed to recover economically significant amounts of gold, silver,
platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of
these.
(B) Persons who generate,
transport, or store recyclable materials that are regulated under this rule are
subject to the following:
(1) The requirement
to notify Ohio EPA or U.S. EPA of regulated waste activity.
(3) For precious metals exported to or
imported from other countries for recovery, 40
CFR
C.F.R. Part 262
subpart H and
paragraph (A)(2) of rule
3745-65-12 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 United
States is solely regulated by the federal government.]
(C) Persons who store recycled
materials that are regulated under this rule shall keep the following records
to document that such persons are not accumulating these materials
speculatively [as defined in paragraph (C) of rule
3745-51-01
of the Administrative Code]:
(1) Records
showing the volume of these materials stored at the beginning of the calendar
year.
(2) The amount of these
materials generated or received during the calendar year.
(3) The amount of materials remaining at the
end of the calendar year.
(D) Recyclable materials that are regulated
under this rule that are "accumulated speculatively" [as defined in paragraph
(C) of rule
3745-51-01
of the Administrative Code] are subject to all applicable provisions of
Chapters
3745-50, 3745-52, 3745-53, 3745-54 to
3745-57, 3745-65 to 3745-69, 3745-205, and 3745-256
,
and rules
3745-50-40
to
3745-50-235
of the Administrative Code.
[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
3745-266-70
Effective:
10/5/2020
Five Year Review (FYR) Dates:
7/13/2020 and
10/05/2025
Promulgated
Under: 119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 01/30/1986, 11/13/1987, 12/07/2000, 12/07/2004, 02/16/2009,
03/17/2012, 02/12/2018
