3745-51-06. Requirements for recyclable materials

(A) Recyclable materials.

(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (B) and (C) of this rule, except for the materials listed in paragraphs (A)(2), (A)(3), and (A)(4) of this rule. Hazardous wastes that are recycled shall be known as "recyclable materials."

(2) The following recyclable materials are not subject to the requirements of this rule but are regulated under Chapter 3745-266 of the Administrative Code and all applicable provisions of Chapters 3745-50 and 3745-270 of the Administrative Code:

(a) Recyclable materials used in a manner that constitutes disposal (rules 3745-266-20 to 3745-266-23 of the Administrative Code).

(b) Hazardous wastes burned [as "burn" is defined in paragraph (A) of rule 3745-266-100 of the Administrative Code] for energy recovery in boilers and industrial furnaces that are not regulated under rules 3745-57-40 to 3745-57-51 or 3745-68-40 to 3745-68-52 of the Administrative Code (rules 3745-266-100 to 3745-266-112 of the Administrative Code).

(c) Recyclable materials from which precious metals are reclaimed (rule 3745-266-70 of the Administrative Code).

(d) Spent lead-acid batteries that are being reclaimed (rule 3745-266-80 of the Administrative Code).

(3) The following recyclable materials are not subject to regulation under rules 3745-50-40 to 3745-50-235 or Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code, and are not subject to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity:

(a) Industrial ethyl alcohol that is reclaimed except that exports and imports of such recyclable materials shall comply with 40 C.F.R. Part 262, subpart H:

(i) A person who initiates a shipment for reclamation in a foreign country shall comply with 40 C.F.R. Part 262 subpart H.

[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 U.S. is solely regulated by the federal government.]

(ii) A transporter who transports a shipment for export shall not accept a shipment if the transporter knows the shipment does not conform to the "EPA Acknowledgement of Consent." A transporter who transports a shipment for export shall ensure that a copy of the "EPA Acknowledgement of Consent" accompanies the shipment and shall ensure that the shipment is delivered to the facility designated by the person who initiates the shipment.

(b) Scrap metal that is not excluded under paragraph (A)(13) of rule 3745-51-04 of the Administrative Code.

(c) Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility, if such wastes result from normal petroleum refining, production, and transportation practices. [ This exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under paragraph (A)(12)(b) of rule 3745-51-04 of the Administrative Code.]

(d) Oil and fuel produced from oil-bearing hazardous wastes.

(i) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under rule 3745-279-11 of the Administrative Code and so long as no other hazardous wastes are used to produce the hazardous waste fuel.

(ii) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under rule 3745-279-11 of the Administrative Code.

(iii) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil specification under rule 3745-279-11 of the Administrative Code.

(e) Contaminated wipes and apparel that are intended to be laundered and reused. Contaminated wipes and apparel including but not limited to rags, mops, drop cloths, and apparel (e.g., gloves, uniforms, smocks, and coveralls) made of woven or unwoven, natural or synthetic materials (e.g., fabric, leather, or rubber-like material) that exhibit a characteristic of hazardous waste or are otherwise contaminated with hazardous waste as described in rule 3745-51-03 of the Administrative Code, are intended to be cleaned on-site or to be sent to a laundry or other cleaning facility to be cleaned, provided all the following conditions are met:

(i) Contaminated wipes and apparel, when accumulated, stored, and transported, are contained in non-leaking, closed containers. The containers shall be able to contain free liquids, should free liquids occur.

(ii) Contaminated wipes and apparel are not burned for energy recovery, used to produce a fuel, contained in fuels, used in a manner that constitutes disposal, or used to produce products that are applied to the land according to rules 3745-51-02 and 3745-266-20 of the Administrative Code.

(iii) Contaminated wipes and apparel are not otherwise exempt under paragraph (A)(26) of rule 3745-51-04 of the Administrative Code.

(iv) Hazardous waste shall not be mixed with the contaminated wipes and apparel.

(v) The generator of the contaminated wipes and apparel shall do one of the following:

(a) Ensure the contaminated wipes and apparel or the container contain no "free liquids" as defined in rule 3745-50-10 of the Administrative Code at the point the wipes and apparel are sent on-site to be cleaned or transported off-site to be cleaned.

(b) Develop and implement a written procedure to ensure that the wipes and apparel contain no free liquids when placed in the container and that no free liquids are added to the container at any time.

(c) Maintain a written explanation as to why no free liquids will occur in the container.

(vi) Contaminated wipes and apparel are not contaminated with acute hazardous waste as described in rule 3745-51-30 and listed in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative Code.

(vii) Contaminated wipes and apparel that are contaminated only with used oil shall contain no visible free flowing used oil, in accordance with paragraph (C)(1) of rule 3745-279-10 of the Administrative Code.

[Comment: Items that contain free flowing used oil are subject to Chapter 3745-279 of the Administrative Code.

(viii) Contaminated wipes and apparel are cleaned on-site or sent to an off-site laundry or cleaning facility that is subject to regulation under Section 402 or Section 307(b) of the Clean Water Act for discharge to a publicly owned treatment works or for discharge directly to the waters of the state.

[Comment: The operator of the on-site or off-site laundry or cleaning facility shall evaluate, in accordance with rule 3745-52-11 of the Administrative Code, all wastes generated at such facilities, including all contaminated wipes and apparel that are discarded.]

(4) Used oil that is recycled and is also a hazardous waste solely because the used oil exhibits a hazardous characteristic is not subject to Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code, but is regulated under Chapter 3745-279 of the Administrative Code. Used oil that is recycled includes any used oil which is reused, following the used oil's original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.

(5) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements of 40 C.F.R. Part 262 subpart H.

(B) Generators and transporters of recyclable materials are subject to the applicable requirements of Chapters 3745-52 and 3745-53 of the Administrative Code and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, except as provided in paragraph (A) of this rule.

(C) Recyclable materials that are stored before being recycled, recycled without storage, or entered into a recycling process within seventy-two hours.

(1) Owners or operators of facilities that store recyclable materials before the materials are recycled shall obtain a hazardous waste installation and operation permit in accordance with Chapter 3734. of the Revised Code, except as provided in paragraph (C)(3)(a) of this rule, and are regulated under all applicable provisions of Chapters 3745-54, 3745-55, 3745-65, 3745-66, 3745-266, and 3745-270, and rules 3745-50-40 to 3745-50-235, 3745-56-20 to 3745-56-31, 3745-56-50 to 3745-56-59, 3745-67-20 to 3745-67-30, and 3745-67-50 to 3745-67-60 of the Administrative Code and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, except as provided in paragraph (A) of this rule. (The recycling process itself is exempt from regulation.)

(2) Owners or operators of facilities that recycle recyclable materials without storing the recyclable materials before recycling are subject to all of the following requirements, except as provided in paragraph (A) of this rule:

(a) The requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

(b) Rules 3745-65-71 and 3745-65-72 of the Administrative Code ( use of the manifest and manifest discrepancies).

(c) [Reserved.]

(d) Rule 3745-65-75 of the Administrative Code, biennial reporting requirements.

(3) Limited storage prior to recycling.

(a) Owners or operators of facilities that enter recyclable materials into a recycling process within seventy-two hours after arrival at the facility, except as provided in paragraph (A)(2) of this rule, may store recyclable materials in containers, tanks, or containment buildings without an Ohio hazardous waste permit, provided that all of the following requirements are met:

(i) The notification and U.S. EPA identification number requirements of rule 3745-65-11 of the Administrative Code. A description of the recycling process shall be provided in the comments section of the notification form. The owner or operator shall renotify when there is a change in the recycling process or when the recycling operations cease.

(ii) The requirements for container management of rules 3745-66-71 to 3745-66-77 of the Administrative Code.

(iii) The requirements for tank management of rules 3745-66-90 to 3745-66-96, 3745-66-98, 3745-66-99, and paragraphs (A) and (B) of rule 3745-66-97 of the Administrative Code.

(iv) The requirements for containment buildings of rules 3745-256-100 to 3745-256-101 of the Administrative Code.

(v) The security requirements of rule 3745-65-14 of the Administrative Code.

(vi) The inspection requirements of rule 3745-65-15 of the Administrative Code.

(vii) The personnel training requirements of rule 3745-65-16 of the Administrative Code.

(viii) The requirements for ignitable wastes, reactive wastes, or incompatible wastes of rule 3745-65-17 of the Administrative Code.

(ix) The preparedness and prevention requirements of rules 3745-65-30 to 3745-65-37 of the Administrative Code.

(x) The contingency plan and emergency procedures requirements of rules 3745-65-50 to 3745-65-56 of the Administrative Code.

(xi) The manifest system, recordkeeping, and reporting requirements of rules 3745-65-70 to 3745-65-72 of the Administrative Code.

(xii) The operating record requirements of paragraphs (A) and (B)(3) to (B)(14) of rule 3745-65-73 of the Administrative Code.

(xiii) Maintain an inventory log in the operating record that contain this information for three years:

(a) The date and time when the recyclable material arrived at the facility.

(b) The quantity and type of material received.

(c) The name and address of the facility where the recyclable materials shipment originated.

(d) The date and time that the recyclable material was placed into the recycling process.

(xiv) The availability, retention, and disposition of records requirements of rule 3745-65-74 of the Administrative Code.

(xv) The biennial report requirements of rule 3745-65-75 of the Administrative Code.

(xvi) The unmanifested waste report requirements of rule 3745-65-76 of the Administrative Code.

(xvii) The additional reports requirements of rule 3745-65-77 of the Administrative Code.

(xviii) The closure requirements of paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code.

(xix) The financial assurance requirements of rule 3745-51-100 of the Administrative Code.

(xx) The owner or operator shall give advance notice to the director of any anticipated noncompliance with the seventy-two hour time limit for storage. This notice shall contain all of the following:

(a) The cause of the anticipated noncompliance.

(b) The name, address, and telephone number of the owner or operator.

(c) The name, address, and telephone number of the facility.

(d) The date and time of the anticipated noncompliance.

(e) The name and quantity of materials involved.

(f) The estimated time frame for noncompliance.

(b) Owners or operators of facilities that do not enter recyclable materials into a recycling process within seventy-two hours after arrival at the facility, except as provided in paragraph (A)(2) of this rule, are subject to the requirements of paragraph (C)(1) of this rule.

(D) [Reserved.]

[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."]

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: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 05/28/1987, 12/08/1988, 12/30/1989, 09/02/1997, 10/20/1998, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 10/31/2015, 11/12/2018