Ohio Admin. Code 3745-273-80 - General requirements for petitions to include other wastes under Chapter 3745-273 of the Administrative Code
(A)
Any
Except as provided in
paragraph (D) of this rule, any person seeking to add a hazardous waste
or a category of hazardous waste to Chapter 3745-273 of the Administrative Code
may petition for a regulatory amendment under rules 3745-273-80 to
3745-273-81
and 3745-50-20 of the Administrative Code.
(B) The petitioner shall demonstrate to the
satisfaction of the director that regulation under Chapter 3745 -273 of the
Administrative Code meets the following :
(1) Is appropriate for the waste or category
of waste;
.
(2) Will
improve management practices for the waste or category of waste; and
.
(3) Will improve implementation of the
hazardous waste program.
(4) The
petition shall be submitted to the director by certified mail and shall include
the following :
(a) The petitioner's name and address; and
.
(b) A statement of the petitioner's interest
in the subject of the petition; and
.
(c) A
description of the subject of the petition, including suggested regulatory
language; and
.
(d) A
statement of the need and justification for the subject of the petition,
including any supporting tests, studies, or other information.
(5) The petition should also
address as many of the factors listed in rule
3745-273-81
of the Administrative Code as are appropriate for the waste or waste category
addressed in the petition.
(C) The director will
shall evaluate
petitions using the factors listed in rule
3745-273-81
of the Administrative Code, and will
shall grant or deny a petition using the factors
listed in that rule. The decision will
shall be based on the weight of evidence showing that
regulation under Chapter 3745-273 of the Administrative Code is appropriate for
the waste or category of waste, will improve management practices for the waste
or category of waste, and will improve implementation of the hazardous waste
program. If a petition for a regulatory amendment is granted, the director
will
shall
propose rules pursuant to Chapter 119. of the Revised Code to address the
petition.
(D)
Hazardous waste pharmaceuticals are regulated by rules
3745-266-500 to 3745-266-510 of the Administrative Code and may not be added as
a category of hazardous waste for management in accordance with Chapter
3745-273 of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.