Ohio EPA Response to Federal Rulemaking and Summaries of Federal Rulemaking

The Federal Registers referenced below can be found on the U.S Government Printing Office website.  You will need to know the date the Federal Register was published in order to search for the document.
Ohio EPA Response to Federal Rulemaking and Summaries of Federal Rulemaking

2014 Summaries

Ohio EPA Response to Federal Rulemaking 

2011 Summaries

79 FR 8927

February 14, 2014


Providing and Seeking Information on Practices To Enhance Effectiveness of the RCRA C Program for the Retail Sector:  This is a notice of data availability (NODA) regarding the management of hazardous wastes generated in the retail sector.  EPA is seeking ideas and input on how the hazardous waste regulations can be enhanced to better fit with the manner in which the retail sector operates.  At this time, no rules have been crafted; EPA is just asking for input on this issue and will accept comments until May 30, 2014.

79 FR 350

January 3, 2014


Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geological Sequestration Activities:  This is a final rule that excludes supercritical CO2 fluid generated from the capture of CO2 emitted from air pollution  sources such as industrial or power generation facilities the definition of hazardous waste when destined for deep well injection.

2011 Summaries

Ohio EPA Response to Federal Rulemaking 

2011 Summaries

76 FR 44094 
June 30, 2011

This is a proposed rule.  US  EPA proposes to change or remove certain provisions of the definition of solid waste rule adopted in (2008 DSW rule); revise existing criteria for a variance from the definition of solid waste for partially reclaimed materials (40 CFR 260.31);  add new exclusions for hazardous secondary material (HSM) that is reclaimed; and revise all existing exclusions for reclaimed HSM.   This proposed rule is in response to a petition and lawsuit filed by Earthjustice.  In December 2008, EPA adopted new exclusions for the recycling of hazardous waste and codified criteria that define legitimate recycling.  In January 2009, Earthjustice representing the Sierra Club petitioned US EPA to reconsider and repeal the DSW rule and then filed a lawsuit in February 2009.  In September 2010, US EPA and Sierra Club negotiated an agreement where US EPA would propose a new rule by June 30, 2011 and publish a final rule by December 2012 that addressed Sierra Club’s concerns.

Ohio EPA Comments

2010 Summaries

Ohio EPA Response to Federal Rulemaking 

2010 Summaries

75 FR 123989
March 18, 2010



June 4, 2010 Federal Register withdrawing amendments.

 

This is both a direct final rule and a proposed rule that makes corrections and clarifications to the federal hazardous waste rules. 
It also includes June 4, 2010 Federal Register withdrawing several proposed changes. 

EPA issued a direct final rule because they view this action as noncontroversial.

2009 Summaries

Ohio EPA Response to Federal Rulemaking

2009 Summaries

74 FR 55163
October 27, 2009
 
This is a notice of data availability (NODA). 

Conditional Exclusion from Hazardous Waste and Solid Waste for Solvent Contaminated Industrial Wipes,Notice of Data Availability. 
US EPA is taking comment on their revised risk analysis supporting the proposed revisions to the hazardous waste regulations governing the management of solvent contaminated wipes.  Comments are due to US EPA by December 28, 2009.

73 FR 77954
December 19, 2008




WITHDRAWN
75 FR 33712
June 15, 2010 

Expansion of RCRA Comparable Fuel Exclusion: Final Rule, 73 FR 77954

EPA adopted provisions to exclude from classification as a waste (and a hazardous waste) fuels derived-from hazardous secondary materials that produce emissions comparable to fuel oils when burned in an industrial or utility boiler.



2008 Summaries

Ohio EPA Response to Federal Rulemaking

2008 Summaries

73 FR 64668
October 30, 2008

This is a Final rule. Revisions to the Definition of Solid Waste .
U.S. EPA has revised the definition of solid waste and added exclusions that identify certain hazardous wastes as not discarded when recycled and therefore, not subject to regulation under the hazardous waste rules. Also, U.S. EPA adopted four factors that define legitimate hazardous waste recycling activities.

Please Note: At this time, Ohio EPA is not planning to adopt U.S. EPA's revisions to the definition of solid waste rules which were effective in unauthorized states on December 29, 2008. This is because, on January 29, 2008, the new rule was appealed to the U.S. District Court of Appeals in the District of Columbia by two stakeholder groups. In addition, 13 interested parties have filed motions with the Court to intervene in the case. As a result, the future of the rule is uncertain and could be in threat of being remanded or vacated.  Ohio EPA will watch how the situation proceeds and reconsider adoption when the future of the rule is known. 

73 FR 72912
December 1, 2008

This is a Final rule. Standards Applicable to Laboratories at Universities and Colleges.
The final rule is intended to provide a flexible and protective set of regulations that address the specific nature of hazardous waste generation in college and university laboratories. The rules do not apply to other hazardous wastes generated from other operations of a university or college. Also, the rules do not apply to commercial laboratories.

73 FR 73520
December 2, 2008

This is a Proposed rule. Comments are due to US EPA by February 2, 2008.
This rule proposes to add pharmaceutical wastes that are RCRA hazardous wastes to the universal waste system. Similar to other universal wastes, pharmaceutical wastes are produced by a large and diverse community of generators, often in small volumes.

 

2007 Summaries

Ohio EPA Response to Federal Rulemaking

2007 Summaries

72 FR 61063 - 61063
October 29, 2007

Final Rule: Ohio: Final Authorization of State Hazardous Waste Management Program Revision
U.S. EPA granted Ohio EPA final authorization for changes we made to the hazardous waste rules. 

72 FR 33284
June 15, 2007

Expansion of RCRA Comparable Fuel Exclusion: Proposed Rule, 72 FR 33284
EPA is proposing to exclude from classification as a waste (and a hazardous waste) fuels derived-from hazardous secondary materials that produce emissions comparable to fuel oils when burned in an industrial boiler. Comment period ends September 14, 2007.

72 FR 14172
March 26, 2007

Proposed Rule - Supplemental Revisions to the Definition of Solid Waste
This is a proposed rule. EPA is proposing supplemental regulatory changes to the definition of solid waste, 40 CFR 261.2, that identify certain hazardous wastes as not discarded when recycled and therefore, not subject to regulation under the hazardous waste rules. Also, U.S. EPA proposes two criteria that define legitimate hazardous waste recycling activities.

72 FR 2219 
January 18, 2007

Proposed Rule - Amendment to Hazardous Waste Code F019
Vol. 72 FR 2219 -2235, January 18, 2007 : US EPA proposes to amend the listing description for F019.

2006 Summaries


Ohio EPA Response to Federal Rulemaking

2006 Summaries

71 FR 29712,
May 23, 2006

Standards Applicable to Laboratories at Universities and Colleges - Proposed Rule, 71 FR 29712, May 23, 2006:
EPA is proposing alternative generator requirements applicable to college and university laboratories. The proposal provides a flexible and protective set of regulations that address the specific nature of hazardous waste generation in college and university laboratories.

71 FR 42928,
May 23, 2006

Recycling of Cathode Ray Tubes:
This is a final rule. EPA has finalized exclusions from the definition of waste for cathode ray tubes (CRTs) that are destined for recycling when managed according to the requirements given.

71 FR 16862,
April 4, 2006

RCRA Burden Reduction, April 4, 2006, 71 FR 16862, Final Rule:
U.S. EPA has adopted changes to the hazardous waste rules to reduce regulatory burden on states, the public, and the regulated community. The changes primarily affect permitted and interim status hazardous waste storage, treatment and disposal facilities. However, there are several rule changes that apply to large and small quantity hazardous waste generators.

71 FR 3220,
January 20, 2006

Final Rule: Ohio: Final Authorization of State Hazardous Waste Management Program Revision
U.S. EPA granted Ohio EPA final authorization for changes to the hazardous waste rules.

2005 Summaries

Ohio EPA Response to Federal Rulemaking

2005 Summaries

70 FR 53420
September 8, 2005

Standardized Permit for RCRA Hazardous Waste Management Facilities
A standardized permit is a special kind of permit that will be available for certain facilities that manage hazardous waste in tanks, containers, and containment buildings. Such a permit will streamline the permitting process by allowing facilities to obtain and modify permits more easily, while still achieving the same level of environmental protection as individual permits.

70 FR 45508
August 5, 2005

Mercury Containing Equipment
EPA has added mercury-containing equipment to the list of universal wastes. Some commonly recognized devices are thermostats, barometers, manometers, and mercury switches, such as light switches in automobiles.

70 FR 34538
June 14, 2005

Testing and Monitoring Activities Methods Innovation Rule
On October 30, 2002 (67 FR 66251-66301), the Environmental Protection Agency (EPA) proposed to amend the testing and monitoring requirements under the hazardous and nonhazardous solid waste regulations, and a testing requirement under the Clean Air Act (CAA) in the National Emission Standards for Hazardous Air Pollutants (NESHAP) for hazardous waste combustors. EPA is finalizing those regulatory revisions at this time.

69 FR 21800
March 4, 2005


Modification of the Hazardous Waste Manifest System:
U.S. EPA finalized a new manifest form. The new form is intended to reduce the regulatory burden to waste handlers

Questions and Answers

70 FR 9138-9180,
February 24, 2005

Certain Dye and Pigment Production Wastes are Listed as Hazardous Waste
U.S. EPA is listing as hazardous waste nonwastewaters generated from the production of certain dyes, pigments, and FD&C colorants. The waste is designated K181. This listing sets annual mass loadings for constituents of concern, such that wastes would not be hazardous if the constituents are below the regulatory thresholds given in the listing. If the wastes meet or exceed the regulatory mass loading levels, for the year, for any constituents of concern, the wastes must be managed as listed hazardous wastes, unless the wastes are either disposed of in a landfill unit that meets certain liner design criteria, or treated in a combustion unit as specified in the listing description.

2004 Summaries

Ohio EPA Response to Federal Rulemaking

2004 Summaries

69 FR 21800
April 22, 2004

 


Hazardous Waste Generator Program Evaluation: Advanced Notice of Proposed Rule.
 U.S. EPA is considering revamping the hazardous waste generator rules. They are asking for ideas from all stakeholders regarding what provisions should or could be changed, added or removed to improve the effectiveness of the hazardous waste generator program.

2003 Summaries

Ohio EPA Response to Federal Rulemaking

2003 Summaries

68 FR 65586-65618
November 20, 2003


Conditional Exclusion and Conditional Exemption for Certain Hazardous Contaminated Towels/Rags;
Proposed Rule: This proposed rule will affect hazardous solvent-contaminated industrial towels/rags sent to both landfill and non-landfill facilities (for example, laundries and combustion facilities). When certain conditions are met, the proposal excludes or exempts solvent-contaminated industrial towels/rags from many of the requirements under the hazardous waste rules.

Ohio EPA Comments

68 FR 61558
October 28, 2003

Revisions to the Definition of Solid Waste
This is a proposed rule. EPA is proposing regulatory changes to the definition of solid waste, 40 CFR 261.2, that identify certain hazardous wastes as not discarded when recycled and therefore, not subject to regulation under the hazardous waste rules. Also, U.S. EPA proposes four criteria that define legitimate hazardous waste recycling activities.

Ohio EPA Comments

68 FR 61662
October 29, 2003


RCRA Burden Reduction Initiative #2, October 29, 2003, 68 FR 61662, Notice of Data Availability:
U.S. EPA is requesting additional input on 8 rule changes they proposed in the burden reduction rule in January 2002. The purpose of the changes is to reduce regulatory burden on states, the public, and the regulated community. DHWM will be commenting on this proposed rule. We encourage you to review and comment on the rule changes.

Ohio EPA Comments

68 FR 17234
April 8, 2003

Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures
This is a proposed rule. EPA is proposing regulatory changes that expand the scope of the rules commonly known as the "headworks rule" and the "de minimis loses rule" under 40 CFR 261.3 (a)(2)(iv). These rules are applicable to facilities that operate an onsite wastewater treatment system.

2002 Summaries

Ohio EPA Response to Federal Rulemaking

2002 Summaries

67 FR 66252-6630,
October 30, 2002


Testing and Monitoring Activities Methods Innovation Rule
: This is a proposed rule. EPA is proposing to amend a variety of the hazardous waste testing and monitoring requirements by removing the required use of SW-846 methods. Also, EPA proposes several changes to SW-846 and is asking for comments on a new guidance document pertaining to waste sampling.

Ohio EPA Comments

67 FR 64594
October 21, 2002


Proposed Rule: Ohio: Proposed Authorization of State Hazardous Waste Management Program Revision:
U.S. EPA is proposing to authorize Ohio EPA for changes we made to the hazardous waste rules.

67 FR 40508
June 12, 2002

Cathode Ray Tubes and Mercury-Containing Equipment:
This is a proposed rule. EPA is proposing exclusions from the definition of waste for cathode ray tubes (CRTs) that are destined for recycling. Also, the rule proposes to include mercury-containing equipment as a universal waste.

Ohio EPA Comments

67 FR 48393
July 25, 2002

Zinc Fertilizer Made from Recycled Hazardous Secondary Materials:
This is a final rule. EPA has adopted two conditional exclusions from the regulatory definition of solid waste. One is for hazardous wastes used to manufacture zinc fertilizers. The other, excludes the waste- derived zinc fertilizer product if the it meets the contaminant limits given in the rule.

67 FR 53674
August 13, 2002

National Environmental Performance Track Program:
This is a proposed rule. It would allow large quantity generators who are members of the National Environmental Performance Track program to store their hazardous wastes for 180 days provided they meet the conditions in the rule.

Ohio EPA Comments

67 FR30811
May 8, 2002

Spent Catalysts from Dual-Purpose Petroleum Hydroprocessing Reactors
Notice of Final Interpretation. EPA is announcing its decision to maintain its interpretation that spent catalysts removed from dual purpose petroleum hydroprocessing reactors (such as H-oil units) are included within the scope of the hazardous waste listings for spent hydrotreating catalysts (K171) or spent hydrorefining catalysts (K172).

67 FR 21234
April 30, 2002  

Draft Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency
EPA is announcing the availability of the Agency's draft "Information Quality Guidelines" and is requesting comment on them. In addition, EPA is announcing a public meeting in Washington, DC to discuss EPA draft "Information Quality Guidelines."

67 FR 13684 - 13700,
March 25, 2002

Conditional Exclusion for Oil-bearing Secondary Materials from the Petroleum Refining Industry Processed in Gasification System to Produce Synthesis Gas:
This is a proposed rule. EPA has developed a conditional exclusion for hazardous oil-bearing petroleum refinery wastes that are processed using gasification to produce synthesis gas. We are accepting comments on this rule.

Ohio EPA Comments