New Definition of Solid Waste and Haz Waste Organic Air Emission Rules Effective June 12, 2023 in Ohio

On June 12, 2023, a hazardous waste rule package will become effective in Ohio regarding the adoption of existing federal rules governing the expanded definition of solid waste (“new” DSW) and organic air emissions (known federally as Subparts AA, BB, and CC).  The Ohio rules are considered functionally equivalent to the federal rules and in the case of the organic air emission standards have applied to Ohio Large Quantity Generators (LQGs) and RCRA-permitted facilities since their original promulgation by U.S EPA in the early 1990s.  We believe that Ohio adoption of the organic air emission rules will streamline permitting and compliance as well as allow for interaction with Ohio EPA staff who are more familiar with facility operations as compared to their federal counterparts.

As for the new DSW, it is intended to promote recycling of hazardous secondary materials while providing appropriate environmental standards.  The new DSW includes three new exclusions that allow recycling of hazardous secondary materials as “not a waste.”  The exclusions consist of the: generator-controlled exclusion, transfer-based exclusion, and remanufacturing exclusion.  Utilization of these exclusions by the regulated community are optional, but when utilized, they provide significant advantages over other alternatives such as a RCRA permit or Variance.  One of the caveats with the three new exclusions is that recycling must be considered legitimate.  Even if a regulated entity is not utilizing one of the new exclusions, they must be able to demonstrate legitimacy if recycling.  The new DSW provides clearly defined criteria for demonstrating legitimate recycling.

Want to know how you can benefit from the Hazardous Waste Rules package? Contact John West or your Cox-Colvin project manager today at 614-526-2040 or

The following Ohio EPA lmailto:Nick_Petruzzi@coxcolvin.cominks provide additional information.

Ohio EPA RCRA Organic Air Emissions Standards

Ohio EPA Definition of Solid Waste