Chapter 3745-51 | Identification and Listing of Hazardous Waste

(A) Chapter 3745-51 of the Administrative Code identifies those wastes which are subject to regulation as hazardous wastes under Chapters 3745-50, 3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and 3745-256, and 3745-270 of the Administrative Code, and whic…

(A) (1) A "waste" is any discarded material that is not excluded by paragraph (A) of rule 3745-51-04 of the Administrative Code or that is not excluded by variance granted under rules 3745-50-23 and 3745-50-24 of the Administrative Code or that is not excluded by a non-waste dete…

(A) A "waste," as defined in rule 3745-51-02 of the Administrative Code, is a "hazardous waste" if:(1) The waste is not excluded from regulation as a hazardous waste under paragraph (B) of rule 3745-51-04 of the Administrative Code; and(2) The waste meets any of the following cri…

(A) Materials which are not wastes. The following materials are not wastes for the purpose of Chapter 3745-51 of the Administrative Code:(1) (a) Domestic sewage; and(b) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatmen…

(A) (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) and (A)(3) of this rule. Hazardous wastes that are recycled…

(A) (1) Any hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as described in paragraph (B) of this rule, is not subject to regulation under Chapter 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-6…

The disposal of polychlorinated byphenyl (PCB)-containing dielectric fluids and electric equipment containing such fluids authorized for use and regulated under 40 CFR Part 761 and that are hazardous only because such items fail the test for the toxicity characteristic leaching p…

The wastes listed in this rule are exempt from regulation under Chapters 3745-50, 3745-52, 3745-53, 3745-54 to 3745-57 and 3745-205, 3745-65 to 3745-69 and 3745-256, 3745-266, 3745-267, and 3745-270 of the Administrative Code except as specified in Chapter 3745-273 of the Adminis…

The director shall identify and define a characteristic of hazardous waste in rules 3745-51-20 to 3745-51-24 of the Administrative Code only upon determining that:(A) A waste that exhibits the characteristic may:(1) Cause, or significantly contribute to, an increase in mortality …

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 rule 3745-51-06 of the Administrative Code, may store recyclable materials in containers, t…

(A) The director shall list a waste as a hazardous waste only upon determining that the waste meets one of the following criteria:(1) The waste exhibits any of the characteristics of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code.(2) The w…

(A) Applicability. Rules 3745-51-140 to 3745-51-151 of the Administrative Code apply to owners or operators of reclamation and intermediate facilities managing hazardous secondary materials excluded under paragraph (A)(24) of rule 3745-51-04 of the Administrative Code, except as …

(A) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of disposing of any hazardous secondary material as listed or characteristic hazardous waste, and the potential cost of closing the facility as a treatment, storage, and disposal fac…

Under paragraph (A)(24)(f)(vi) of rule 3745-51-04 of the Administrative Code, an owner or operator of a reclamation or intermediate facility shall have financial assurance as a condition of the exclusion as required under paragraph (A)(24) of rule 3745-51-04 of the Administrative…

(A) Coverage for sudden accidental occurrences. An owner or operator of a hazardous secondary material reclamation facility or an intermediate facility subject to financial assurance requirements under paragraph (A)(24)(f)(vi) of rule 3745-51-04 of the Administrative Code, or a g…

(A) An owner or operator shall notify the director by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (bankruptcy), U.S. Code, naming the owner or operator as debtor, within ten days after commencement of the proceeding. A guarantor of a…

(A) (1) A trust agreement for a trust fund, as specified in paragraph (A) of rule 3745-51-143 of the Administrative Code shall be ordered as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:"Trust AgreementTru…

(A) Applicability. This rule applies to hazardous secondary materials excluded under the remanufacturing exclusion at paragraph (A)(27) of rule 3745-51-04 of the Administrative Code.(B) Condition of containers. If a container holding hazardous secondary material is not in good co…

(A) Rules 3745-51-190 to 3745-51-200 of the Administrative Code apply to tank systems for storing or treating hazardous secondary material excluded under the remanufacturing exclusion in paragraph (A)(27) of rule 3745-51-04 of the Administrative Code.(B) "Tank systems," including…

(A) Tank systems shall meet the secondary containment requirements of rule 3745-51-193 of the Administrative Code, or the remanufacturer or other person who handles the hazardous secondary material shall determine that the tank system is not leaking or is unfit for use. Except as…

(A) Secondary containment systems shall be:(1) Designed, installed, and operated to prevent any migration of materials or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and(2) Capable of detecting an…

(A) Hazardous secondary materials or treatment reagents shall not be placed in a tank system if the hazardous secondary materials or treatment reagents could cause the tank, the tank's ancillary equipment, or the containment system to rupture, leak, corrode, or otherwise fail.(B)…

A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the remanufacturer or other person who stores or treats the hazardous secondary material satisfy the following requir…

Hazardous secondary material stored in units more than ninety days after the unit ceases to operate under the remanufacturing exclusion in paragraph (A)(27) of rule 3745-51-04 of the Administrative Code or otherwise ceases to be operated for manufacturing, or for storage of a pro…

(A) Ignitable or reactive material shall not be placed in tank systems, unless the material is stored or treated in such a way that the ignitable or reactive material is protected from any material or conditions that may cause the material to ignite or react.(B) The remanufacture…

(A) Incompatible materials shall not be placed in the same tank system.(B) Hazardous secondary material shall not be placed in a tank system that has not been decontaminated and that previously held an incompatible material. Last updated June 25, 2025 at 6:01 PM Authorized By: 37…

(A) A "waste," as defined in rule 3745-51-02 of the Administrative Code, which is not excluded from regulation as a hazardous waste under paragraph (B) of rule 3745-51-04 of the Administrative Code, is a hazardous waste if the waste exhibits any of the characteristics identified …

The remanufacturer or other person who stores or treats the hazardous secondary material shall manage all hazardous secondary material placed in a tank in accordance with the applicable requirements of rules 3745-51-730 to 3745-51-735, 3745-51-750 to 3745-51-764, and 3745-51-780 …

(A) A waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:(1) The waste is a liquid, other than a solution containing less than twenty-four per cent alcohol by volume and at least fifty per cent water by we…

(A) A waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:(1) The waste is aqueous and has a pH less than or equal to two or greater than or equal to 12.5, as determined by a pH meter using method 9040C i…

(A) A waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:(1) The waste is normally unstable and readily undergoes violent change without detonating.(2) The waste reacts violently with water.(3) The waste for…

(A) A waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the toxicity characteristic leaching procedure, test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846, the extract f…

(A) A waste is a hazardous waste if the waste is listed as such in rules 3745-51-30 to 3745-51-35 of the Administrative Code, unless the waste has been excluded under 40 CFR 260.20 and 40 CFR 260.22.(B) The administrator shall indicate the basis for listing the classes or types o…

(A) The following wastes are listed hazardous wastes from non-specific sources unless the listed wastes are excluded under 40 CFR 260.20 and 40 CFR 260.22 and listed in 40 CFR Part 261 appendix IX.Industry and EPA hazardous waste numberHazardous wasteHazard codeGeneric:F001The fo…

(A) The following wastes are listed hazardous wastes from specific sources unless the wastes are excluded under 40 CFR 260.20 and 40 CFR 260.22 and 40 CFR Part 261 appendix IX.Industry and EPA Hazardous Waste Number.Hazardous WasteHazard CodeWood preservation:K001Bottom sediment …

The following materials or items are hazardous wastes if and when the materials or items are discarded or intended to be discarded as described in paragraph (A)(2)(a) of rule 3745-51-02 of the Administrative Code, when the materials or items are mixed with waste oil or used oil o…

(A) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing description of F032 once the generator has met all of the requirements of paragraphs (B) and (C) of this rule. These wastes may, howeve…

Used, broken cathode ray tubes (CRTs) are not wastes if the CRTs meet the following conditions:(A) Prior to processing. These materials are not wastes if the materials are destined for recycling and if the materials meet the following requirements:(1) Storage. The broken CRTs sha…

Used, intact cathode ray tubes (CRTs) exported for recycling are not wastes if such CRTs meet the notice and consent conditions of 40 CFR 261.39(a)(5), and if such CRTs are not "accumulated speculatively" as defined in paragraph (C)(8) of rule 3745-51-01 of the Administrative Cod…

The requirements of rules 3745-51-400 to 3745-51-420 of the Administrative Code apply to those areas of an entity managing hazardous secondary materials excluded under paragraphs (A)(23) and (A)(24) of rule 3745-51-04 of the Administrative Code where such materials are generated …

Any person wanting to export used, intact cathode ray tubes (CRTs) to a foreign country shall comply with 40 CFR 261.41.(A) CRT exporters who export used, intact CRTs for reuse shall send a notification to U.S. EPA. This notification may cover export activities extending over a t…

(A) Maintenance and operation of facility. Facilities generating or accumulating hazardous secondary material shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous secondary materials or hazar…

A generator or an intermediate or reclamation facility that generates or accumulates six thousand kilograms or less of hazardous secondary material shall comply with the following requirements:(A) At all times there shall be at least one employee either on the premises or on call…

A generator or an intermediate or reclamation facility that generates or accumulates more than six thousand kilograms (kg) of hazardous secondary material, or a facility receiving refrigerant from off-site under rules 3745-266-600 to 3745-266-602 of the Administrative Code, that …

Rules 3745-51-730 to 3745-51-735 of the Administrative Code apply to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous secondary materials excluded under the remanufactu…

As used in rules 3745-51-730 to 3745-51-735 of the Administrative Code, all terms not defined herein have the meanings given in the Resource Conservation and Recovery Act and Chapters 3745-50 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative C…

(A) The remanufacturer or other person who stores or treats hazardous secondary materials in hazardous secondary material management units with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operatio…

(A) (1) The remanufacturer or other person who stores or treats the hazardous secondary materials in hazardous secondary material management units using closed-vent systems and control devices used to comply with Chapter 3745-51 of the Administrative Code shall comply with this r…

(A) Each remanufacturer or other person who stores or treats the hazardous secondary material subject to rules 3745-51-730 to 3745-51-735 of the Administrative Code shall comply with the test methods and procedural requirements provided in this rule.(B) When a closed-vent system …

(A) (1) Each remanufacturer or other person who stores or treats the hazardous secondary material subject to rules 3745-51-730 to 3745-51-735 of the Administrative Code shall comply with the recordkeeping requirements of this rule.(2) A remanufacturer or other person who stores o…