2.0 Material Regulations (2024)

March 07, 2023 | Agency


Users must be familiar with the Federal, State, and local laws and regulations that apply to RM. This chapter summarizes those laws and regulations most likely to be applicable to ODOT transportation projects. Familiarity with waste types specifically allows the user better understanding about disposal requirements. Table 1.0 provides a general overview of the typical RM waste types generated on ODOT transportation projects and their associated disposal requirements.

Table 1: ODOT RM Waste Types and Disposal Options

Waste TypeDisposal Facility
AsbestosC&DD facility or Solid Waste Landfill that has a National Emissions Standards for Hazardous Air Pollutants (NESHAP) permit
PCSPCS Recycling Facility or Solid Waste Landfillq
Characteristic HazardousHazardous Waste Landfill under Subtitle C of RCRA
RCRA-ListedHazardous Waste Landfill under Subtitle C of RCRA
PCBsEPA-Approved PCB Disposal Facility
  • Under 50 PPM PCB
Non-TSCA Approved PCB Disposal Facility
  • Equal to or over 50 PPM and under 500 PPM PCB
Incineration or Chemical Waste or PCB Landfill
Solid WasteSolid waste Landfill under Subtitle D of RCRA. Solid waste facilities in Ohio- are licensed by the local health department and permitted by OEPA.

The following is not a comprehensive list of federal and state regulations.

2.1 Federal

2.1.1 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

CERCLA (42 United States Code [USC] Part 103, Sec. 9601 et seq.) established bans and requirements concerning closed and abandoned hazardous waste sites, provided liability to persons responsible for releases of hazardous waste at these sites, and established a trust fund to provide cleanup when no responsible party can be identified. The Superfund Amendment and Reauthorization Act (SARA) of 1986 (Public Law #99-499) modified CERCLA to provide defenses to the liability provisions for contaminated sites. CERCLA established liability that forces cleanup costs of contaminated sites to responsible parties. CERCLA liability for the parties responsible can be identified as strict, joint, several, or retroactive. For more on defined liability, refer to the United States Environmental Protection Agency’s (USEPA’s) website: Superfund: CERCLA Overview.

Under CERCLA, Property owners, both private and public, have three defenses to CERCLA liability: 1) an act of God, 2) an act of war, and 3) an act or omission of a third party. The "third party defense" is supported by establishing that "... the defendant (a) exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circ*mstances, and (b) took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions." These two defenses are commonly referred to as "due care" and "due diligence.”

In addition, SARA provides government agencies an additional defense known as "eminent domain." When ODOT validly uses its power to appropriate Property for a Project, ODOT will typically not be subject to certain CERCLA liabilities, such as becoming a potentially responsible party (PRP) or becoming liable for cleanup costs.

From ODOT’s perspective, Properties with RM regulated under CERCLA, such as landfills, can potentially impact:

  • Acquisition
  • Project cost and schedule to address the excavated material handling and disposal of the waste
  • Extent of liabilityand
  • Real estate decisions associated with corrective action or closure activities.

Institutional Controls (IC), such as deed restrictions, easem*nts, covenants, and zoning restrictions, and Engineering Controls (EC), such as soil capping, sub-surface venting systems, mitigation barriers, and fencing, associated with a CERCLA closure or restriction on a Property need to be understood to ensure that Project actions do not violate the restrictions.

2.1.2 Resource Conservation and Recovery Act (RCRA)

RCRA (40 Code of Federal Regulations [CFR] Parts 260–299) is the primary law governing solid and hazardous waste. RCRA deals with waste management including the manufacture, storage, transportation, use, treatment, and disposal. Subtitle C regulates hazardous waste, Subtitle D regulates solid waste, and Subtitle I regulate underground storage tanks (USTs) containing hazardous materials and petroleum products.

From ODOT’s perspective, Properties with RM regulated under RCRA can potentially impact:

  • Project cost and schedule to address the excavated material handling and disposal of the waste
  • Extent of liability and
  • Project schedule and real estate decisions associated with corrective action or closure activities.

IC and EC associated with a RCRA closure or restriction on a Property need to be understood to ensure that Project actions do not violate the restrictions.

2.1.3 Safe Drinking Water Act (SDWA)

Congress enacted Title XIV of the Public Health Service Act “Safe Drinking Water Act” (Public Law 93-523) and the National Primary Drinking Water Regulations (40 CFR Part 141) to protect public health by regulating drinking water quality. The SDWA authorizes the USEPA to establish national drinking water standards such as Maximum Contaminant Levels (MCL) and health-related standards (Health Advisory Levels) for both naturally occurring and man-made contaminants that may be found in the water supply, including underground sources. An MCL denotes the maximum concentration legally allowed to occur in the drinking water supply for a given substance.

2.1.4 Toxic Substance Congrol Act (TSCA)

TSCA (USC Title 15 Chapter 53), passed by the United States Congress in 1976 and administered by the USEPA, establishes requirements for chemical reporting, record-keeping, and testing and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, such as food, drugs, cosmetics, and pesticides.

TSCA regulations manage electrical transformers and other polychlorinated biphenyl (PCB)-containing equipment and releases. If present, the utility owner is responsible for transformer equipment, including those that are PCB-containing, and would be responsible for maintenance and/or cleanup.

From ODOT’s perspective, RM regulated under TSCA can significantly impact the Project cost and schedule to address excavated material and disposal and liability concerns.

2.2 State

2.2.1 Bureau of Underground Storage Tank Regulations (BUSTR)

The Ohio Department of Commerce Division of State Fire Marshal’s mission is to safeguard the public, its property, and the environment from fire and related risks through education, regulation, investigation, and enforcement. It consists of eight bureaus, including the Bureau of Underground Storage Tank Regulations (BUSTR). To protect human health and the environment for the citizens of Ohio, BUSTR uses a risk-based corrective action process to ensure an appropriate investigation and clean-up of releases from UST systems. The following resources provide more detailed information regarding BUSTR regulation and guidance:

  • OAC 1301:7-9-12 regulate out-of-service, closure-in-place, and permanent removal of USTs. Collectively, these activities are known as closure.
  • OAC 1301:7-9-13 regulate the investigation of releases and suspected petroleum releases from UST systems and require corrective actions for clean-up of a release to levels acceptable by BUSTR.
  • OAC 1301:7-9-16 and 17 regulate handling of petroleum contaminated soils (PCS).
  • BUSTR’s Technical Guidance Manual for the 2017 Closure, Corrective Action, and Petroleum Contaminated Soil Rules Table 5 presents action levels for soil reuse consideration.

From ODOT’s perspective, Properties with RM regulated under BUSTR can impact the Project cost and schedule as it relates to handling excavated material and disposal. Though it is preferred to avoid USTs, if USTs are encountered, ODOT, currently by mandate, must acquire them. Deed restrictions, including IC and EC associated with the BUSTR UST closure on a Property must be understood to prevent Project actions that could violate the restrictions.

2.2.2 Ohio's Voluntary Action Program (VAP)

VAP (OAC 3745-300-07) governs sampling activities of environmental media, the analysis of samples, and risk-based remediation of “brownfields” in Ohio. VAP also provides generic direct contact standards (GDCS) for soils under a variety of land assessment/investigation scenarios (residential, commercial/industrial, and construction/excavation) which can be used as a comparison tool in the RMR. These standards are helpful in assisting decision-making related to both due diligence and materials management in the RMR, by defining “how clean is clean.”

In a larger sense, VAP guides the risk-based remediation of land in Ohio through the issuance of No Further Action (NFA) Letters by Ohio Certified Professionals and the agency’s issuance of Covenants Not to Sue (CNS) for Properties that fulfill all the requirements under the VAP. However, ODOT rarely conducts VAP activities as part of the RMR. OAC 3745-300 contains these regulations that fall under the Ohio Environmental Protection Agency’s (OEPA’s) Division of Environmental Response and Revitalization (DERR).

From ODOT’s perspective and as part of the RMR, any CNS on Properties within ODOT Project Limits should be understood to prevent Project actions (like disturbance of the RM soil cap or an environmental covenant prevent a port of the Property from being disturbed the VAP CNS) which could violate the covenant.

2.2.3 Materials and Waste Management

Waste management regulations and the handling of hazardous and non-hazardous waste are managed under OEPA’s Division of Materials and Waste Management (DMWM). Wastes are classified into two broad categories: 1) hazardous waste or 2) solid waste, infectious waste, and construction and demolition debris (C&DD).

Hazardous waste is defined as waste that poses substantial or potential threats to public health or the environment. The treatment, storage, and disposal of hazardous waste is regulated under RCRA and defined under 40 CFR 261. Final disposition of hazardous waste must go to a licensed Treatment, Storage, and Disposal Facility (TSDF) for recycling, treatment, or disposal depending on type, volume, and cost.

Solid waste, infectious waste, and C&DD are non-hazardous wastes that may be encountered at a Property and are regulated under OAC 3734, OAC 3745-27, -29, -30, -37, -53, -56, -400, and -500 through -503.

For ODOT, understanding the waste type when handling excavated material on a Project is critical since waste management requirements can affect budget, schedule, and liability. Understanding the various waste types allows for:

  • Defining measures required for handling and excavation
  • Compliance with land-disposal restrictions
  • Transportation requirements
  • Long-term liability and,
  • Acceptance of the wastes by appropriate recycling or disposal facilities.

2.2.4 Hazardous Waste

Hazardous wastes are wastes with properties that are considered dangerous or potentially harmful to human health or the environment. Hazardous wastes can be liquids, solids, contained gases, or sludges. They can be by-products of manufacturing processes or simply discarded commercial products, such as cleaning fluids or pesticides.

Hazardous waste as discussed herein is divided into two categories and presented in the regulations under OAC 3745-51:

  • Listed Hazardous Wastes: The waste type is identified on one of four lists (F, K, P, or U) published in Ohio’s hazardous waste rules as presented in OAC 3745-51-31 through 3745-51-33. Each waste on each list is assigned a hazardous waste code.
  • Characteristic Hazardous Wastes: If wastes are not a Listed Hazardous Waste, the waste may still be regulated as hazardous if it exhibits a hazardous characteristic. Four characteristics that could cause a waste to be regulated as hazardous are: ignitability, corrosivity, reactivity, and toxicity.

Wastes that are classified as hazardous and may be encountered on a Property are regulated under RCRA under subcategories such as:

  • Cessation of Regulated Operations (CRO) (OAC 3745-352)
  • Treatment, Storage, & Disposal Facilities (TSDF) (OAC 3745-54 through 57 and 3745-205)
  • Transporters (OAC 3745-53)
  • Hazardous Waste Generator requirements for conditionally exempt and small and large quantity generators of hazardous waste (OAC 3745-52, -65, -66, -69, -256, and -270)
  • Universal wastes (OAC 3745-273) and
  • Used oil (OAC 3745-279).

2.2.5 Solid Waste

Solid waste, as defined in OAC 3745-27-01(S)(23), is an “unwanted residual solid or semisolid material, including but not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt, and debris, as results from industrial, commercial, agricultural, and community operations.” Solid waste does not include earth or material from construction, mining, or demolition operations, or other materials of the type that normally would be included in demolition debris, nontoxic fly ash, and bottom ash. Solid waste does not include any material that is an infectious waste or a hazardous waste.

2.2.6 construction and Demolition Debris (C&DD)

OAC 3745-400-01(C)(2) defines C&DD as those materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade physical structure, including, without limitation, houses, buildings, industrial or commercial facilities, or roadways.

C&DD includesC&DD does not include:
  • Brick, concrete, and other masonry materials
  • Stone
  • Glass
  • Wall coverings
  • Plaster
  • Drywall
  • Framing and finishing lumber
  • Roofing materials
  • Plumbing fixtures
  • Heating equipment
  • Electrical wiring and components containing no hazardous fluids or refrigerants
  • Insulation
  • Wall-to-wall carpeting
  • Asphaltic substances
  • Potentially asbestos debris if comingled in other debris
  • Metals incidental to any of the above
  • Weathered railroad ties and utility poles
  • Solid wastes, infectious wastes, or hazardous wastes pursuant to Ohio Revised Code (ORC) Chapter 3734 and rules adopted thereunder
  • Materials from mining operations
  • Nontoxic fly ash
  • Spent nontoxic foundry sand
  • Slag
  • Reinforced or non-reinforced concrete, asphalt, building or paving brick, building or paving stone that is stored for a period of less than two years for recycling into a usable construction material
  • Materials required to be removed prior to demolition
  • Materials which are otherwise contained within or exist outside the structure, such as:
    • Solid wastes
    • Yard wastes
    • Furniture
    • Appliances
  • Liquids, in all cases, including:
    • Containerized or bulk liquids
    • Fuel tanks
    • Drums and other closed or filled containers
    • Tires
    • Batteries

2.2.7 Infectious Waste

OAC 3745-27-01(I)(6) defines Infectious Wastes as any wastes or combination of wastes that include cultures and stocks of infectious agents and associated biologicals, human blood and blood products, and substances that were or are likely to have been exposed to or contaminated with or are likely to transmit an infectious agent or zoonotic agent, including the following:

  • Laboratory wastes
  • Pathological wastes, including human and animal tissues, organs, body parts, and body fluids and excreta that are contaminated with or are likely to be contaminated with infectious agents or zoonotic agents
  • Animal blood and blood products
  • Animal carcasses and parts
  • Waste materials from the rooms of humans, or the enclosures of animals, that have been isolated because of diagnosed communicable disease that are likely to transmit infectious agents. Also included are waste materials from the rooms of patients who have been placed on blood and body fluid precautions under the universal precaution system established by the "Centers for Disease Control" in the public health service of the United States department of health and human services, if specific wastes generated under the universal precautions system have been identified as infectious wastes by rules referred to in OAC 3745-27-01 (I)(6)(g)
  • Sharp wastes used in the treatment, diagnosis, or inoculation of human beings or animals
  • Any other waste materials generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production of testing of biologicals, that the public health council created in ORC Section 3701.33, by rules adopted in accordance with ORC Chapter 119, identifies as infectious wastes after determining that the wastes present a substantial threat to human health when improperly managed because they are contaminated with, or are likely to be contaminated with, infectious agents. As used in this rule, "blood products" does not include patient care waste such as bandages or disposable gowns that are lightly soiled with blood or other body fluids unless those wastes are soiled to the extent that the generator of the wastes determines that they should be managed as infectious wastes.
  • Any other waste materials the generator designates as infectious waste.

2.2.8 Ohio’s Asbestos Regulations

The OEPA asbestos regulations established under the OAC Chapter 3745-20 Asbestos Emission Control are consistent with federal asbestos NESHAP regulation. These regulations were established by the OEPA for controlling asbestos emissions during demolition and renovation projects. Chapter 3745-22 encompasses the rules governing asbestos hazard abatement contracts, specialists, project designers, workers, and asbestos training courses. Further information on asbestos is provide in Appendix K of this Manual.

2.0 Material Regulations (2024)


How many requirements do hazardous materials requirements have? ›

Hazardous materials regulations are subdivided by function into four basic areas: Procedures and/or Policies 49 CFR Parts 101, 106, and 107. Material Designations 49 CFR Part 172. Packaging Requirements 49 CFR Parts 173, 178, 179, and 180.

How to fill out HazMat shipping papers? ›

Information on the shipping papers must include:
  1. The identification number, identified in the Hazardous Materials Table.
  2. The proper shipping name, identified in the Hazardous Materials Table.
  3. The hazard class.
  4. The packing group, identified in Roman numerals, when required.
  5. The total quantity of hazardous materials.

When looking at column 2 of the HazMat table, how do you know what the proper shipping name for a hazardous material is? ›

Column 2 is labeled Hazardous Materials Descriptions and Proper Shipping Names. This column alphabetically lists the proper shipping name of each hazardous material and may provide additional descriptive information. The proper shipping names are listed in Roman type.

What three things are required for HMR packaging requirements? ›

HazMat packages must be:
  • Designed and constructed and;
  • Maintained, filled, its contents limited, and closed…
Jan 27, 2014

How many fully regulated hazard items are there? ›

Nine Classes of Hazardous Materials (Yellow Visor Card)

What is fully regulated? ›

Generally, this means the material must be accurately classified and described, packaged in a specification package, marked, labeled, documented, and certified before being offered to your carrier.

How much does HAZMAT shipping cost? ›

Prices for shipping hazardous materials are broken down into two categories: Accessible goods: $132.10 per shipment or $2.26 per kg, whichever is greater. Inaccessible goods: $75.00 per shipment or $0.75 per kg, whichever is greater.

What 7 items should be on a HAZMAT shipping paper? ›

If required, prepare a shipping paper that contains a description of the hazmat, including the UN identification number, proper shipping name, hazard class, and packing group, quantity, number and type of packages, emergency contact information, and a shipper's certification.

How do you fill out a hazardous material label? ›

Hazardous Waste Storage & Labeling
  1. The words "Hazardous Waste"
  2. name and address of generator.
  3. date of initial accumulation.
  4. date that the 90-day period begins.
  5. the composition and physical state of the waste.
  6. a statement which calls to attention the particular hazardous properties of the waste.
Apr 17, 2020

What is the column 2 in the HMT? ›

Column 2 includes hazardous materials descriptions and proper shipping names. Non-italicized words are used as part of the proper shipping names. Proper shipping names cannot be modified except as otherwise stated in section 172.101(c).

Which step should you take to determine if a material is a hazardous substance? ›

To identify if a substance is hazardous, check the product's container label and/or the SDS which is available from the supplier.

How to read a hazmat table? ›

How to Read the Hazardous Materials Table
  1. Symbols (Column 1) ...
  2. Descriptions & Proper Shipping Names (Column 2) ...
  3. Hazard Class or Division (Column 3) ...
  4. Identification Numbers (Column 4) ...
  5. Packing Group (Column 5) ...
  6. Label Codes (Column 6) ...
  7. Special Provisions (Column 7) ...
  8. Packaging Authorizations (Column 8)
Sep 19, 2022

What does G mean in shipping? ›

G. Generic proper shipping names such as those that contain n.o.s. (not otherwise. specified), the letter G identifies proper shipping names for which one or more technical names must be entered in parenthesis in association with the basic description.

What does HMR regulate? ›

The HMR are issued by PHMSA and govern the transportation of hazmat in all modes of transportation–air, highway, rail, and water.

How much weight is considered hazmat? ›

For nOn-FLAMMABLe gAS, Oxygen (compressed gas or refrigerated liquid), and FLAMMABLe gAS, placard 454 kg (1,001 lbs) or more gross weight. For POISOn gAS (Division 2.3), placard any quantity. For FLAMMABLe SOLID and SPOntAneOuSLy COMBuStIBLe, placard 454 kg (1,001 lbs) or more.

What are the requirements for handling hazardous materials? ›

Safety musts
  • Carefully read the ingredient list of any product or chemical you use. ...
  • Purchase the correct personal protective equipment like gloves or goggles. ...
  • Be aware of the hazardous materials you come in contact with. ...
  • Follow safe procedures when you handle hazardous material.

What are the requirements for hazardous material labels? ›

All labels are required to have pictograms, a signal word, hazard and precautionary statements, the product identifier, and supplier identification.

How many requirements are found within the Hazard Communication Standard? ›

This standard requires employers using hazardous chemicals to comply with four main requirements: Ensuring the proper chemical labeling on containers. Providing Safety Data Sheets (SDSs) Providing information and training to employees about chemical hazards in the workplace.

What does OSHA require for all hazardous substances? ›

All employers with hazardous chemicals in their workplaces must have labels and safety data sheets for their exposed workers, and train them to handle the chemicals appropriately.


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