3745-500-03 Incorporation by reference.

Incorporation by reference. The text of the incorporated materials is not included in the rules contained in Chapters 3745-500 to 3745-599 of the Administrative Code. The materials listed in paragraph (B) of this rule are hereby made a part of the rules in Chapters 3745-500 to 3745-599 of the Administrative Code. For materials subject to change, only the specific version specified in this rule is incorporated. Any amendment or revision to a referenced document is not incorporated until this rule has been amended to specify the new version.

(A) Availability. The materials incorporated by reference are available as follows:

(1) Code of federal regulations (C.F.R.). Information and copies may be obtained by writing to: "U.S. Government Printing Office, P.O. Box 979050, St. Louis, MO 63197-9000." The full text of the C.F.R. is also available in electronic format at http://www.gpoaccess.gov/cfr/. The C.F.R. compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(2) Federal statutes. The full text is available in electronic format athttp://www.gpoaccess.gov/uscode/index.html. These laws are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(3) Government literature. The availability of these documents is provided in paragraph (B)(3) of this rule. However, many of the documents are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(4) Specifications of the "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, third edition, including Volume II, Field Manual (SW-846)." Information and copies may be obtained by writing to: "National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Rd., Springfield, VA 22161." The full text is also available in electronic format at http://www.epa.gov/epawaste/index.htm. These test methods are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(5) Specifications of the "American Society for Testing and Materials" (ASTM). Information and copies may be obtained by writing to: "ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959." These documents are available for purchase at http://www.astm.org.

(6) Other publications. The availability of these documents is provided in paragraph (B)(6) of this rule. However, many of the documents are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(B) Incorporated materials.

(1) Appropriate "Code of Federal Regulations," the regulations listed in this rule are those effective on July 1, 2011 and include 40 C.F.R. Part 61, "National Emission Standards for Hazardous Air Pollutants (NESHAP)."

(2) Appropriate "Government Literature," including the following:

(a) Investment Company Act of 1940, 15 U.S.C. 80A-1 et seq.

(b) U.S. Bureau of Economic Analysis document, available at http://www.bea.gov or by writing to U.S. Bureau of Economic Analysis, 1441 L Street NW, Washington, DC 20230: "Survey of Current Business", July 2011.

(c) U.S.C. Title 11, Bankruptcy.

(d) U.S. environmental protection agency documents, available at http://www.epa.gov/nscep or by writing to U.S. Environmental Protection Agency/National Service Center for Environmental Publications, P. O. Box 42419, Cincinnati, OH 45242-0419, including "Methods for Chemical Analysis of Water and Wastes, EPA 600/4-79-020", published in 1983.

(e) U.S. department of treasury document, available at http://www.fms.treas.gov: "Circular 570" published in the July 1, 2011 C.F.R.

(3) Appropriate "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)," as amended through January 3, 2008, including the following:

(a) Method 3050B, "Acid Digestion of Sediments, Sludges, and Soils."

(b) Method 3051A, "Microwave assisted acid digestion of sediments, sludges, soils, and oils."

(c) Method 6010C, "Inductively Coupled Plasma - Atomic Emission Spectrometry."

(d) Method 6020A, "Inductively Coupled Plasma - Mass Spectrometry."

(e) Method 7000B, "Flame Atomic Absorption Spectrophotometry."

(f) Method 7010, "Graphite Furnace Atomic Absorption Spectrophotometry."

(g) Method 7471B, "Mercury in Solid or Semisolid Waste (Manual Cold-Vapor Technique)."

(h) Method 9045D, "Soil and Waste pH."

(i) Method 9060, "Total Organic Carbon."

(4) Appropriate "American Society for Testing and Materials." Each of the following ASTM standards are regulated by the date specified, another standard may be used if it is at least equivalent to those cited in this rule and is acceptable to Ohio EPA. ASTM standards include the following:

(a) ASTM D2976-71, "Standard Test Method for pH of Peat Materials;" approved in 1971; reapproved in 1998 and 2004.

(b) ASTM D6270-08e1, "Standard Practice for Use of Scrap Tires in Civil Engineering Applications;" approved in 1998; reapproved in 2004; amended in 2008.

(c) ASTM D6868-11, "Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities;" approved in 2003; superseded in 2011.

(5) Other publications as follows:

(a) American public health association book: "Standard Methods for the Examination of Water and Wastewater" (Andrew D. Eaton, Lenore S. Clesceri, Eugene W. Rice, Arnold E. Greenberg eds., 21st ed. 2005). Available for purchase at http://www.standardmethods.org/. Standard methods include the following:

(i) 9221 "Multi-Tube Fermentation Technique for Members of the Coliform Group."

(ii) 9222 "Membrane Filter Technique for Members of the Coliform Group."

(iii) 9260 "Detection of Pathogenic Bacteria."

(b) Association of Official Analytical Chemists (AOAC) book: "Official Methods of Analysis," (Dr. William Horwitz and Dr. George Latimer, Jr. eds., 18th ed. Rev. 2 2007). Available for purchase at http://www.aoac.org.

(c) North central region (NCR) document: "Recommended Chemical Soil Test Procedures for the North Central Region," (J. R. Brown ed., Pub. No. 221, 1998). The full text is available in electronic format at http://extension.missouri.edu/publications/. Copies may be purchased by writing to: "MU Extension Publications, 2800 Maguire Blvd., Columbia, MO 65211" or athttp://extension.missouri.edu/explore/shop/.

(d) U.S. Composting Council document: "Test Methods for Evaluation of Compost and Composting (TMECC)", August 12, 2011. Available for purchase at http://compostingcouncil.org/publications/. TMECC methods include the following:

(i) 03.08 -A "Classification of inerts."

(ii) 04.01 -A "Combustion with CO2 detection."

(iii) 04.02 -A "Total kjeldahl nitrogen, semi-micro kjeldahl technique."

(iv) 04.02 -D "Total nitrogren by combustion."

(v) 04.03 -A "Total phosphorus."

(vi) 04.04 -A "Total potassium."

(vii) 04.05 -B "Boron."

(viii) 04.06 -As "Arsenic."

(ix) 04.06 -Cd "Cadmium."

(x) 04.06 -Pb "Lead."

(xi) 04.06 -Hg "Mercury."

(xii) 04.06 -Ni "Nickel."

(xiii) 04.06 -Se "Selenium."

(xiv) 04.06 -Zn "Zinc."

(xv) 04.10 -A "1:5 slurry method, mass basis."

(xvi) 04.11 -A "1:5 slurry pH."

(xvii) 05.08 -A "SOUR: Specific oxygen uptake rate."

(xviii) 05.08 -B "Carbon dioxide evolution rate."

(xix) 05.08 -C "In-situ oxygen refresh rate."

(xx) 05.08 -D "Dewar self-heating test."

(xxi) 05.08 -E "Solvita maturity index."

(xxii) 05.08 -F "Biologically available carbon."

Effective: 04/02/2012
R.C. 119.032 review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.12
Rule Amplifies: 121.72 , 121.73 , 121.75 , 121.76 , 3734.02 , 3734.12