Ohio Administrative Code|Rule 3745-270-01 | Purpose, scope, and applicability - land disposal restrictions.

                                                
(A) Chapter 3745-270 of the
		  Administrative Code identifies hazardous wastes that are restricted from land
		  disposal and defines those limited circumstances under which an otherwise
		  prohibited waste may continue to be land disposed.
(B) Except as specifically provided
		  otherwise in Chapter 3745-51 or 3745-270 of the Administrative Code, Chapter
		  3745-270 of the Administrative Code applies to persons who generate or
		  transport hazardous waste and owners and operators of hazardous waste
		  treatment, storage, and disposal facilities.
(C) Restricted wastes may continue to be
		  land disposed as follows:
(1) Where persons have
			 been granted an extension to the effective date of a prohibition under rules
			 3745-270-20 to 3745-270-39 of the Administrative Code, or pursuant to rule
			 3745-270-05 of the Administrative Code, with respect to those wastes covered by
			 the extension.
(2) Where persons have
			 been granted an exemption from a prohibition pursuant to a petition under rule
			 3745-270-06 of the Administrative Code, with respect to those wastes and units
			 covered by the exemption.
(3) Wastes that are
			 hazardous only because the wastes exhibit a hazardous characteristic, and which
			 are otherwise prohibited from land disposal under Chapter 3745-270 of the
			 Administrative Code or 40 C.F.R. Part 148 are not prohibited from land disposal
			 if the wastes meet the following criteria:
(a) Are disposed into a nonhazardous or hazardous injection well
				as described in 40 C.F.R. 144.6(a).
(b) Do not exhibit any prohibited characteristic of hazardous
				waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code
				at the point of injection.
(4) Wastes that are
			 hazardous only because the wastes exhibit a hazardous characteristic, and which
			 are otherwise prohibited by Chapter 3745-270 of the Administrative Code, are
			 not prohibited if the wastes meet any of the following criteria, unless the
			 wastes are subject to a specified method of treatment other than DEACT in rule
			 3745-270-40 of the Administrative Code, or are D003 reactive
			 cyanide:
(a) The wastes are managed in a treatment system which
				subsequently discharges to waters of the United States pursuant to a permit
				issued under Section 402 of the Clean Water Act (CWA); or
(b) The wastes are treated for the purposes of the pretreatment
				requirements of Section 307 of the CWA; or
(c) The wastes are managed in a zero discharge system engaged in
				"CWA-equivalent treatment" as defined in paragraph (A) of rule
				3745-270-37 of the Administrative Code; and
(d) The wastes no longer exhibit a prohibited characteristic at
				the point of land disposal (i.e., placement in a surface
				impoundment).
(D) Chapter 3745-270 of the
		  Administrative Code does not affect the availability of a waiver under Section
		  121(d)(4) of the Comprehensive Environmental Response, Compensation, and
		  Liability Act of 1980 (CERCLA).
(E) The following hazardous wastes are
		  not subject to any provision of Chapter 3745-270 of the Administrative
		  Code:
(1) Waste generated by
			 "very small quantity generators,", as defined in rule 3745-50-10 of
			 the Administrative Code.
(2) Waste pesticides that
			 a farmer disposes of pursuant to rule 3745-52-70 of the Administrative
			 Code.
(3) Wastes identified or
			 listed as hazardous after November 8, 1984 for which Ohio EPA has not
			 promulgated land disposal prohibitions or treatment standards.
(4) De minimis losses of
			 characteristic wastes to wastewaters are not considered to be prohibited wastes
			 and are defined as losses 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; and relief device
			 discharges; discharges from safety showers and rinsing and cleaning of personal
			 safety equipment; rinsate from empty containers or from containers that are
			 rendered empty by that rinsing; and laboratory wastes not exceeding one per
			 cent of the total flow of wastewater into the facility's headworks on an
			 annual basis, or with a combined annualized average concentration not exceeding
			 one part per million in the headworks of the facility's wastewater
			 treatment or pretreatment facility.
(F) "Universal waste handlers"
		  and "universal waste transporters," as defined in rule 3745-50-10 of
		  the Administrative Code, are exempt from rules 3745-270-07 and 3745-270-50 of
		  the Administrative Code for the wastes listed in paragraphs (F)(1) to (F)(5) of
		  this rule. These handlers and transporters are subject to regulation under
		  Chapter 3745-273 of the Administrative Code when handling the following
		  universal wastes:
(1) Batteries as
			 described in rule 3745-273-02 of the Administrative Code.
(2) Pesticides as
			 described in rule 3745-273-03 of the Administrative Code.
(3) Mercury-containing
			 equipment as described in rule 3745-273-04 of the Administrative
			 Code.
(4) Lamps as described in
			 rule 3745-273-05 of the Administrative Code.
(5) Ohio-specific
			 universal wastes, which include the following:
(a) Aerosol containers as described in paragraph (A) of rule
				3745-273-89 of the Administrative Code.
(b) Antifreeze as described in paragraph (B) of rule 3745-273-89
				of the Administrative Code.
(c) Paint and paint-related waste as described in paragraph (C)
				of rule 3745-273-89 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."]