Section 3745-273-89 - Applicability- management standards for Ohio-specific universal wastes(A) Antifreeze.(1) Chapter 3745-273 of the Administrative Code applies to persons managing "antifreeze" as defined in rule 3745-273-09 of the Administrative Code, except as provided in paragraph (A)(2) of this rule.(2) Chapter 3745-273 of the Administrative Code does not apply to persons managing the following antifreeze:(a) Antifreeze that is not yet a waste under Chapter 3745-51 of the Administrative Code. Paragraph (A)(3) of this rule describes when antifreeze becomes a waste.(b) Antifreeze, including aggregated antifreeze batches, that is not a hazardous waste. Antifreeze is a hazardous waste if the antifreeze exhibits one or more of the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code, or if the antifreeze is contaminated with a listed hazardous waste as identified in rules 3745-51-30 to 3745-51-35 of the Administrative Code.(c) Antifreeze that subsequent to generation is mixed with "used oil" as defined in rule 3745-279-01 of the Administrative Code, or is mixed with another waste that exhibits one or more of the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code, or is mixed with one or more of the listed hazardous wastes identified in rules 3745-51-30 to 3745-51-35 of the Administrative Code. [Comment: Antifreeze that is mixed, subsequent to generation, with used oil is defined as either a used oil, subject to regulation under Chapter 3745-279 of the Administrative Code, or as a hazardous waste in accordance with paragraph (B) of rule 3745-279-10 of the Administrative Code.]
(3) Generation of universal waste antifreeze. (a) Used antifreeze becomes a waste on the date the used antifreeze is "discarded" as defined in rule 3745-51-02 of the Administrative Code.(b) Unused antifreeze becomes a waste on the date the handler decides to discard the unused antifreeze.(B) Paint and paint-related wastes. (1) Chapter 3745-273 of the Administrative Code applies to persons managing "paint" and "paint-related waste" as defined in rule 3745-273-09 of the Administrative Code, except as provided in paragraph (B)(2) of this rule.(2) Chapter 3745-273 of the Administrative Code does not apply to persons managing the following paint and paint-related wastes:(a) Paint and paint-related wastes that are not yet a waste under Chapter 3745-51 of the Administrative Code. Paragraph (B)(3) of this rule describes when paint and paint-related waste becomes a waste.(b) Paint and paint-related waste that is not a hazardous waste. Paint and paint-related waste is a hazardous waste if the paint or paint-related waste exhibits one or more of the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code, or if the paint or paint-related waste is listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code.(c) Paint and paint-related waste that subsequent to generation is mixed with another waste that is not paint or a paint-related waste that exhibits one or more of the characteristics identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code or is mixed with another waste that is listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code.(3) Generation of universal waste paint and paint-related waste.(a) Used paint-related waste becomes a waste on the date the used paint-related waste is discarded.(b) Unused paint becomes a waste on the date the handler decides to discard the unused paint, or on the date the unused paint is no longer useable.Ohio Admin. Code 3745-273-89
Effective: 10/23/2022
Five Year Review (FYR) Dates: 7/20/2022 and 07/20/2027
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/21/2017