Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-340 - Initial beneficial use byproduct characterization demonstration for individual beneficial use permits

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations,
				and test methods referenced in this
				rule, see rule
				3745-599-03 of the
				Administrative Code titled "Beneficial use - incorporation by
				reference."]
Initial beneficial use byproduct characterization
				demonstration. The initial beneficial use byproduct characterization
				demonstration shall include at a minimum the following:
(A) The name, address, and telephone number
			 of the applicant and the applicant's contact person.
(B) The applicant's determination, if
			 required by rule
			 3745-52-11 of the Administrative
			 Code, that the beneficial use byproduct is not a hazardous waste.
(C) A description of the physical and
			 chemical characteristics of each beneficial use byproduct as generated,
			 including a description of the generating process, the product generated, and a
			 list of the feedstock, input materials, and raw materials used to generate the
			 beneficial use byproduct.
(D) A
			 list of all constituents reasonably expected to be present in each beneficial
			 use byproduct, available analytical data, and the rationale for including or
			 excluding all reasonably expected constituents on the list. Reasonably expected
			 constituents are all constituents that have the potential to occur at
			 concentrations exceeding regional screening levels as published by the United
			 States environmental protection agency. If an appropriate regional screening
			 level for a constituent is not available, the rationale for including or
			 excluding a constituent shall provide justification for an appropriate
			 screening level.
(E) An analysis
			 for each constituent listed for each beneficial use byproduct in accordance
			 with paragraph (D) of this rule. These listed constituents shall be the
			 constituents of concern for the purposes of the initial beneficial use
			 byproduct characterization demonstration required by rule
			 3745-599-310 of the
			 Administrative Code and the compliance demonstration as required by rule
			 3745-599-345 of the
			 Administrative Code.
(F) The
			 identification of the analytical methods selected and an explanation of the
			 rationale for using each selected method. The initial beneficial use byproduct
			 characterization demonstration shall consider the appropriate analytical
			 methods to determine the leaching potential of constituents of concern to the
			 environment.
[Comment: Applicants may refer to the following documents for
				guidance on how to choose a sampling strategy; determine the appropriate number
				of samples; evaluate whether a statistically significant set of samples has
				been acquired; and conclude that a statistically determined confidence interval
				(if practical) has represented the average properties of a beneficial use
				byproduct.
Battelle Memorial Institute, "Visual Sample Plan Version 7.7
				User's Guide."
United States environmental protection agency, "Beneficial Use
				Compendium: A Collection of Resources and Tools to Support Beneficial Use
				Evaluations, EPA 530-R-16-009."
United States environmental protection agency, "Methodology for
				Evaluating the Beneficial Use of Industrial Non-Hazardous Secondary Materials,
				EPA 530-R-16-011."
United States environmental protection agency, "Methods for
				Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater
				and Marine Organisms, EPA-821-R-02-012."
United States environmental protection agency, "RCRA Waste
				Sampling Draft Technical Guidance, Planning, Implementation, and Assessment,
				EPA 530-D-02-002."
United States environmental protection agency "Statistical
				Software ProUCL 5.2 for Environmental
				Applications for Data Sets with and without Nondetect Observations,
				EPA-600-R-07-041."
United States environmental protection agency, "Test Methods
				for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)."]
(G) A description of the
			 representative sampling strategy for the initial beneficial use byproduct
			 characterization demonstration using sampling methods in accordance with rule
			 3745-599-60 of the
			 Administrative Code. The description of the sampling strategy shall include at
			 a minimum the following:
(1) An explanation of
			 whether the representative sampling strategy characterizes the beneficial use
			 byproduct by volume or characterizes the beneficial use byproduct as generated
			 through time.
(2) The location and
			 the number of all grab samples, composite samples, and incremental samples taken to define the average
			 properties of the beneficial use byproduct. The number and location of samples
			 shall be chosen so as not to miss areas of high chemical
			 concentration.
(3) A narrative
			 explaining whether a sufficient number of samples were collected by the
			 applicant to ensure that the collected samples truly represent the average
			 properties of the entire beneficial use byproduct. In the case of simple random
			 sampling using grab samples, the applicant shall perform a statistical analysis
			 of the data. If composite or incremental samples were used for the sampling
			 method, and a statistical analysis is not practical, the applicant shall
			 demonstrate to the satisfaction of the director that the sampling method is
			 valid and defensible for the purpose for which the data was
			 collected.