# Ohio Admin. Code 3745-50-17: Rule 3745-50-17. Legitimate recycling of hazardous secondary materials > Ohio · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_17 ## Section - **Citation:** Ohio Admin. Code 3745-50-17 - **Heading:** Rule 3745-50-17. Legitimate recycling of hazardous secondary materials - **Jurisdiction:** Ohio - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Ohio Administrative Code / Agency 3745 / Chapter 3745-50 / Rule 3745-50-17 ## Text 119.03 (A) Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste rules shall be legitimate. Hazardous secondary material that is not legitimately recycled is discarded material and is a waste. In determining if the hazardous secondary materials recycling is legitimate, persons shall address all the requirements of this paragraph and shall consider the requirements of paragraph (B) of this rule. (1) Legitimate recycling shall involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process. The hazardous secondary material provides a useful contribution if the material: (a) Contributes valuable ingredients to a product or intermediate; or (b) Replaces a catalyst or carrier in the recycling process; or (c) Is the source of a valuable constituent recovered in the recycling process; or (d) Is recovered or regenerated by the recycling process; or (e) Is used as an effective substitute for a commercial product. (2) The recycling process shall produce a valuable product or intermediate. The product or intermediate is valuable if the product or intermediate is: (a) Sold to a third party; or (b) Used by the recycler or the generator as an effective substitute for a commercial product or as an ingredient or intermediate in an industrial process. (3) The generator and the recycler shall manage the hazardous secondary material as a valuable commodity when the material is under the control of the generator and the recycler. Where there is an analogous raw material, the hazardous secondary material shall be managed, at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner. Where there is no analogous raw material, the hazardous secondary material shall be contained. Hazardous secondary materials that are released to the environment and are not recovered immediately are discarded an analogous raw material, the hazardous secondary material shall be managed, at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner. Where there is no analogous raw material, the hazardous secondary material shall be contained. Hazardous secondary materials that are released to the environment and are not recovered immediately are discarded. (B) The following factor shall be considered in making a determination as to the overall legitimacy of a specific recycling activity: (1) The product of the recycling process does not: (a) Contain significant concentrations of any hazardous constituents found in the appendix to rule 3745-51-11 of the Administrative Code that are not found in analogous products; or (b) Contain concentrations of hazardous constituents found in the appendix to rule 3745-51-11 of the Administrative Code at levels that are significantly elevated from those found in analogous products: or (c) Exhibit a hazardous characteristic (as described in rules 3745-51-20 to 3745-51-24 of the Administrative Code) that analogous products do not exhibit. (2) In making a determination that a hazardous secondary material is legitimately recycled, persons shall evaluate all factors and consider legitimacy as a whole. If, after careful evaluation of these considerations, the factor in this paragraph is not met, then this fact may be an indication that the material is not legitimately recycled. However, the factor in this paragraph does not have to be met for the recycling to be considered legitimate. In evaluating the extent to which this factor is met and in determining whether a process that does not meet this factor is still legitimate, persons can consider exposure from toxics in the product, the bioavailability of the toxics in the product and other relevant considerations. (C) [Reserved.] Last updated June 12, 2023 at 8:29 AM Supplemental Information Authorized By: 3734.12 Amplifies: 3734.12 Five Year Review Date: ## Nearby sections - [Ohio Admin. Code 3745-50-01 Rule 3745-50-01. General information](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_01.md) - [Ohio Admin. Code 3745-50-02 Rule 3745-50-02. Business confidentiality - hazardous waste management](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_02.md) - [Ohio Admin. Code 3745-50-03 Rule 3745-50-03. Use of number and gender](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_03.md) - [Ohio Admin. Code 3745-50-04 Rule 3745-50-04. Manifest copy submittal requirements for certain interstate waste shipments](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_04.md) - [Ohio Admin. Code 3745-50-05 Rule 3745-50-05. Applicability- electronic manifest system and user fee requirements to facilities that receive state-only regulated waste shipments](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_05.md) - [Ohio Admin. Code 3745-50-10 Rule 3745-50-10. Definitions and computation of time](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_10.md) - [Ohio Admin. Code 3745-50-11 Rule 3745-50-11. Incorporated by reference](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_11.md) - [Ohio Admin. Code 3745-50-15 Rule 3745-50-15. Non-waste determinations](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_15.md) - [Ohio Admin. Code 3745-50-16 Rule 3745-50-16. Notification requirement for hazardous secondary materials](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_16.md) - [Ohio Admin. Code 3745-50-17 Rule 3745-50-17. Legitimate recycling of hazardous secondary materials](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_17.md) - [Ohio Admin. Code 3745-50-19 Rule 3745-50-19. Petitions to exclude a waste generated at a particular facility](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_19.md) - [Ohio Admin. Code 3745-50-20 Rule 3745-50-20. Petitions to amend Chapter 3745-273 of the Administrative Code to include additional hazardous wastes](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_20.md) - [Ohio Admin. Code 3745-50-23 Rule 3745-50-23. Variances from classification as a waste](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_23.md) - [Ohio Admin. Code 3745-50-24 Rule 3745-50-24. Standards and criteria for variances from classification as a waste](https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_24.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OH_ADC_3745_50_17. Check the current official text before relying on it. Not legal advice.