(a) The waste 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 such mixture exhibits a
characteristic that would not have been exhibited by the excluded waste alone
if such mixture had not occurred, or if such mixture continues to exhibit any
of the characteristics exhibited by the non-excluded 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 such
mixture exceeds the maximum concentration for any contaminant listed in the
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 such mixture continues to
exceed the maximum concentration for any contaminant exceeded by the nonexempt
waste prior to mixture.
(b) The
waste 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) The waste is a mixture of
hazardous wastes as described by 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 through the date specified
in rule
3745-50-11
of the Administrative Code, 42 U.S.C. 2011 , 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.
[Comment: See paragraph (H) of this
rule for possible exemptions for such mixed wastes.]
(d)(c)
The waste 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 paragraph (A)(2) of
this rule under
40 CFR
260.20 and
40
CFR
260.22,
paragraphs (G)(1) to (G)(4)
paragraph (G) of this rule, or
paragraphs (H)(1) to (H)(3)
paragraph (H) 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
(CWA) (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 (CAA) 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 shall use
an aerated biological wastewater treatment system and shall use only lined
surface impoundments or tanks prior to secondary clarification in the
wastewater treatment system. Facilities that choose to measure concentration
levels shall file a copy of the facility's sampling and analysis plan with the
regional administrator, or the director, as the context requires. A facility
shall 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 shall 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
the facility receives confirmation that the sampling and analysis plan has been
received by the director. The director may reject the sampling and analysis
plan if the director 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 accurately calculate the weekly average concentration of
these chemicals. 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 shall 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 CAA 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
shall file a copy of the facility's sampling and analysis plan with the
regional administrator, or the director, as the context requires. A facility
shall 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 shall 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
the facility receives confirmation that the sampling and analysis plan has been
received by the director. The director may reject the sampling and analysis
plan if the director 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 accurately calculate the weekly average concentration of
these chemicals. 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 shall 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 or water or 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 or in-line filter solids or 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, either shall have eliminated the discharge of
wastewaters or shall have included in the facility's CWA permit application or
submittal to the facility's 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 shall 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 CAA 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 shall file a copy of the facility's sampling and analysis
plan with the regional administrator, or the director, as the context requires.
A facility shall 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 shall 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 the facility receives confirmation that the sampling and analysis
plan has been received by the director. The director may reject the sampling
and analysis plan if the director 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 accurately calculate the weekly
average concentration of these chemicals. 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 shall 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 CAA 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 shall file a copy of the facility's sampling and
analysis plan with the regional administrator, or the director, as the context
requires. A facility shall 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 shall 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 the facility receives confirmation that the sampling and analysis
plan has been received by the director. The director may reject the sampling
and analysis plan if the director 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 accurately calculate the weekly
average concentration of these chemicals. 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 shall notify the facility to cease
the use of the direct monitoring option until such time as the bases for
rejection are corrected
; or
.
(e)(d) 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 the used oil
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).
(i) The
rebuttable presumption does not apply to metalworking oils or fluids containing
chlorinated paraffins, if they are processed, through a tolling agreement, to
reclaim metalworking oils or fluids. The presumption does apply to metalworking
oils or fluids if such oils or fluids are recycled in any other manner, or
disposed.
(ii) The rebuttable
presumption does not apply to used oils contaminated with chlorofluorocarbons
(CFCs) removed from refrigeration units where the CFCs are destined for
reclamation. The rebuttable presumption does apply to used oils contaminated
with CFCs that have been mixed with used oil from sources other than
refrigeration units.