This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3745-599-01 | Beneficial use and harbor sediment authorization - applicability.
Effective:
February 11, 2024
(A) Beneficial use. (1) Unless otherwise
excluded as provided in rule 3745-599-05 of the Administrative Code, this
chapter authorizes the beneficial use of beneficial use byproducts that are
placed on land or burned in accordance with 40 C.F.R. Part 241 (2011),
including beneficial use byproducts that are commingled with other beneficial
use byproducts or beneficial use byproducts commingled with materials that are
not a waste. (2) Drinking water
treatment material as authorized under a beneficial use permit issued pursuant
to this chapter is not a solid waste under Chapter 3734. of the Revised
Code. (3) Notwithstanding paragraph (A)(2) of
this rule, when a beneficial use byproduct has been managed and beneficially
used in accordance with this chapter, the beneficial use byproduct that has
been beneficially used is not a solid waste under Chapter 3734. of the Revised
Code. (B) Harbor sediment authorization. This
chapter authorizes the director to issue a harbor sediment authorization for
lake Erie dredge that the director determines is neither a solid waste nor an
other waste. A harbor sediment authorization issued in accordance with this
chapter does not authorize the placement of any material into waters of the
state. [Comment: Placement of materials into waters of
the state may require an authorization pursuant to Chapter 6111. of the Revised
Code.] (C) Compliance with this chapter, or permits authorized
hereunder, does not relieve any person of obligations under state or federal
laws and rules.
Last updated February 12, 2024 at 8:29 AM
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Rule 3745-599-02 | Beneficial use and harbor sediment authorization - definitions.
Effective:
February 11, 2024
As used in this chapter, terms are defined as
follows: (A) (1) "Agronomic
benefit" means the promotion or enhancement of plant growth and includes
but is not limited to increases in soil fertility and moisture
retention. (2) "Asphalt"
means a brown-black solid or semisolid mixture of bitumens obtained from native
deposits or as a petroleum byproduct that is used in paving, roofing, and
waterproofing. (3) "Asphalt
concrete" means a composite material consisting of asphalt binder and
mineral aggregate that is mixed together then laid down in layers and
compacted. (B) (1) "Beneficial
use" means the use of a beneficial use byproduct as an ingredient, as a
product, or in a manner that contributes to a manufacturing process or product
that does not constitute disposal or cause pollution of any waters of the
state. A beneficial use may include but is not limited to the
following: (a) Use for agronomic benefit. (b) Use as a replacement of a raw material. (c) Use as a soil amendment. (d) Use as a fertilizer. (e) Use as structural fill. (f) Use as a fuel in accordance with 40 C.F.R. Part 241
(2011). (2) "Beneficial use
byproduct" means a source separated solid waste, industrial waste, or
other waste having properties necessary or preferred for beneficial
use. (3) "Best management
practices" or "BMPs" means activities, prohibitions or
practices, maintenance procedures, and other management practices intended to
prevent or reduce the pollution of waters of the state. BMPs also include
treatment, operating procedures, and practices intended to control site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw material and
beneficial use byproduct storage. (C) (1) "Cement"
means a pozzolanic material that can bind other materials together, is a
powder, and to which both of the following apply: (a) Includes a mixture of calcined limestone and
clay. (b) Sets and hardens independently. (2) "Cement
concrete" means a construction material that solidifies and hardens
independently after mixing with water and that includes cement mixed with any
of the following: (a) Cementitious materials such as fly ash or slag
cement. (b) Aggregate (generally a coarse aggregate such as gravel,
limestone, or granite, plus a fine aggregate such as sand). (c) Chemical admixtures. (3) "Chip and seal
pavement" means a pavement surface treatment that combines a layer of
asphalt with a layer of fine aggregate, constructed by evenly distributing a
thin base of asphalt onto an existing pavement and then embedding finely graded
aggregate into the pavement. (4) "Controlled
low-strength material" means a self-consolidating cementitious mixture
that is intended to result in a compressive strength of twelve hundred pounds
per square inch or less. (5) "Cyanobacteria" means photosynthesizing bacteria,
also called blue-green algae, which naturally occur in marine and fresh water
ecosystems and may produce cyanotoxins that at sufficiently high concentrations
can pose a risk to public health. (6) "Cyanotoxin" means a toxin produced by
cyanobacteria, which include liver toxins, nerve toxins, and skin
toxins. (D) (1) "Director"
means the director of environmental protection or the director's
authorized representative. (2) "Disposal"
means the discharge, deposit, injection, dumping, spilling, leaking, emitting,
or placing of any beneficial use byproduct into or on any land or ground or
surface water or into the air, except if the disposition or placement
constitutes storage, treatment, or beneficial use in accordance with this
chapter. (3) "Distributor" means a person that provides a
beneficial use byproduct to another person for beneficial use. (4) "Drinking water
source protection area for a public water system using ground water" means
the surface and subsurface area surrounding a public water system's supply
well that will provide water to the well within five years as delineated or
endorsed by Ohio EPA under the wellhead protection program and the source water
assessment and protection program. (E) "Emergency management zone"
or "EMZ" means the surface and subsurface area in the immediate
vicinity of a public water system intake as delineated or endorsed by the Ohio
EPA under the source water assessment and protection program within which the
public water supply owner or operator has little or no time to respond to
potential contamination from a spill, release, or weather related event. The
standard emergency management zone boundary consists of a semi-circle that
extends five hundred feet upstream of the intake and one hundred feet
downstream of the intake, except as modified due to local
conditions. (F) [Reserved.] (G) (1) "Generator"
means a person who generates a beneficial use byproduct. (2) "Ground
water" means any water below the surface of the earth in a zone of
saturation. (3) "Grout"
means a construction material used to embed rebar in masonry walls, connect
sections of pre-cast concrete, fill voids, or seal joints. Grout is generally
composed of a mixture of water, cement, sand, and sometimes fine
gravel. (H) (1) "Hazardous
waste" means waste that is listed specifically as hazardous waste or
exhibits one or more characteristics of hazardous waste as defined in rule
3745-51-03 of the Administrative Code. (2) "Household
hazardous waste" means solid waste originally generated by individual
households that is listed specifically as hazardous waste or exhibits one or
more characteristics of hazardous waste as defined in rule 3745-51-03 of the
Administrative Code. Household hazardous waste is excluded from regulation as a
hazardous waste pursuant to paragraph (B)(1) of rule 3745-51-04 of the
Administrative Code. (I) "Industrial waste" has the
same meaning as in section 6111.01 of the Revised Code. (J) [Reserved.] (K) [Reserved.] (L) (1) "Lake Erie
dredge" means material excavated or dredged from either a federal
navigation channel during harbor or navigation maintenance activities or from
adjacent or connected commercial maritime port facilities. (2) "Liquid
waste" means industrial waste or other waste that contains free liquids as
determined by the paint filter liquids test in accordance with method 9095B of
the "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods
(SW-846)" as described in rule 3745-599-03 of the Administrative
Code. (M) (1) "Masonry
unit" means manufactured building product that includes but is not limited
to materials composed of burned clay, concrete, stone, glass, gypsum, sand, or
other residuals. (2) "Material
change" means the composition of the beneficial use byproduct has changed
such that either of the following occurs: (a) The concentration of a known constituent exceeds the
concentration limits established in the general or individual beneficial use
permit issued pursuant to this chapter. (b) A new constituent is present in the beneficial use byproduct
that was not present or known at the time of the previous
characterization. (N) "Nuisance" means anything
which is injurious to human health or offensive to the senses; interferes with
the comfortable enjoyment of life or property; and affects a community,
neighborhood, or any considerable number of persons (although the extent of
annoyance or damage inflicted upon individual persons may be
unequal). (O) (1) "Ohio EPA"
means Ohio environmental protection agency. (2) "Open
burning" has the same meaning as in section 3734.01 of the Revised
Code. (3) "Open
dumping" has the same meaning as in section 3734.01 of the Revised
Code. (4) "Other
waste" has the same meaning as in section 6111.01 of the Revised
Code. (P) (1) "Permittee"
means any person covered under an effective permit issued pursuant to this
chapter. (2) "Person" means an
individual, the state, any political subdivision of the state or other state or
local body, the United States and any agency or instrumentality thereof, and
any legal entity or organization defined as a person under section 1.59 of the
Revised Code, or other entity. (Q) [Reserved.] (R) "Representative sample"
means a sample of a universe or whole that can be expected to exhibit the
average properties of the universe or whole. (S) (1) "Sediment
processing facility" means a site or location to which lake Erie dredge is
transferred and at which the lake Erie dredge is dewatered, blended, amended,
or otherwise managed prior to distribution or use. (2) "Solid
waste" has the same meaning as in Chapter 3734. of the Revised Code. As
used in the definition of solid waste for the purposes of this chapter,
"unwanted" means discarded by the generator or used in a manner that
shows the generator no longer reasonably needs or desires the beneficial use
byproduct. Unwanted does not include beneficially used in accordance with this
chapter. (T) [Reserved.] (U) [Reserved.] (V) [Reserved.] (W) "Waters of the state" has
the same meaning as in section 6111.01 of the Revised Code.
Last updated February 12, 2024 at 8:30 AM
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Rule 3745-599-03 | Beneficial use and harbor sediment authorization - incorporation by reference.
Effective:
February 11, 2024
Incorporation by reference. The text of the
incorporated materials is not included in the rules contained in this chapter.
The materials are hereby made a part of this chapter. 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 unless and
until this rule has been amended to specify the new version. (A) Availability. The materials
incorporated by reference are available as follows: (1) Specifications of the "Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods, third edition,
including Volume IV, Field Manual (SW-846)." Information and copies may be
obtained by writing to: "National Technical Information Service, U.S.
Department of Commerce, 5301 Shawnee Road, Alexandria, VA 22312." The full
text is also available in electronic format at
https://www.epa.gov/hw-sw846/sw-846-compendium. These test methods are also
available for inspection and copying at most public libraries and "The
State Library of Ohio." (2) Other publications. The availability
of these documents is provided in paragraph (B)(2) 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 "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods (SW-846)," as amended
through May 2019 including the following: (a) Method 1311, "Toxicity Characteristic Leaching
Procedure." (b) Method 1312, "Synthetic Precipitation Leaching
Procedure." (c) Method 1313, "Liquid-Solid Partitioning as a
Function of Extract pH Using a Parallel Batch Extraction
Procedure." (d) Method 1314, "Liquid-Solid Partitioning as a
Function of Liquid-Solid Ratio for Constituents in Solid Materials Using an
Up-Flow Percolation Column Procedure." (e) Method 1315, "Mass Transfer Rates of Constituents
in Monolithic or Compacted Granular Materials Using a Semi-Dynamic Tank
Leaching Procedure." (f) Method 1316, "Liquid-Solid Partitioning as a
Function of Liquid-Solid Ratio Using a Parallel Batch Extraction
Procedure." (g) Method 3050B, "Acid Digestion of Sediments,
Sludges, and Soils." (h) Method 3500C "Organic Extraction and Sample
Preparation." (i) Method 6010D, "Inductively Coupled Plasma-Optical
Emission Spectrometry." (j) Method 7000B or 7010, "Flame Atomic Absorption
Spectrophotometry," or "Graphite Furnace Atomic Absorption
Spectrophotometry." (k) Method 8081B, "Organochlorine Pesticides by Gas
Chromatography." (l) Method 8082A, "Polychlorinated Biphenyls (PCBs) by
Gas Chromatography Guidance." (m) Method 8260D, "Volatile Organic Compounds by Gas
Chromatography/ Mass Spectrometry (GC/MS)." (n) Method 8270E, "Semivolatile Organic Compounds by
Gas Chromatography/Mass Spectrometry (GC/MS)." (o) Method 9095B, "Paint Filter Liquids
Test." (2) Other publications as
follows: (a) American Public Health Association, American Water Works
Association, and Water Environment Federation "Standard Methods for the
Examination of Water and Wastewater;" 24th Edition, 2023. The full text of
this document is available in electronic format at:
www.standardmethods.org/. (b) Battelle Memorial Institute, "Visual Sample Plan Version
7.0 User's Guide;" March, 2014. The full text is also available in
electronic format at: https://vsp.pnnl.gov. (c) Ohio environmental protection agency, "Rainwater and
Land Development Manual;" March, 2023. The full text is available in
electronic format at:
https://epa.ohio.gov/divisions-and-offices/surface-water/guides-manuals/rainwater-and-land-development. (d) Ohio environmental protection agency, "Total
(Extracellular and Intracellular) Microcystins - ADDA by ELISA Analytical
Methodology Version 2.4," November 2021. The full text is available in
electronic format at:
https://epa.ohio.gov/static/Portals/28/documents/rules/701.0-TotalMicrocystins-V2.4.pdf. (e) Ohio hydrologic soil groups. A listing of these soils can be
found on the United States department of agriculture, natural resources
conservation service web site at:
https://www.nrcs.usda.gov/conservation-basics/conservation-by-state/ohio/ohio-data-maps-analysis. (f) Ohio state university, "Standard Operating
Procedure Mehlich 3," Version 13, 2012. The full text is available in
electronic format at:
https://swel.osu.edu/sites/swel/files/imce/Mehlich%203%20SOP%20SHI.pdf. (g) Soil temperatures. The college of food, agriculture,
and environmental sciences at the Ohio state university provides daily site
specific data at several sites around Ohio for soil temperatures at the
following internet address: https://weather.cfaes.osu.edu//. (h) United States environmental protection agency,
"Beneficial Use Compendium: A Collection of Resources and Tools to Support
Beneficial Use Evaluations, EPA 530-R-16-009," June 2016. The full text is
available in electronic format at:
https://www.epa.gov/sites/production/files/2016-06/documents/ben_use_compendium_062216.pdf. (i) United States environmental protection agency,
"Determination of microcystins and nodularin in drinking water by solid
phase extraction and liquid chromatography/tandem mass spectrometry (LC/MS/MS)
(EPA Method 544)," September 8, 2015. The full text is available in
electronic format at:
https://cfpub.epa.gov/si/si_public_record_report.cfm?Lab=NERL&dirEntryId=306953. (j) United States environmental protection agency,
"Determination of Total Microcystins and Nodularins in Drinking Water and
Ambient Water by ADDA Enzyme-Linked Immunosorbent Assay (EPA Method 546),"
September 2016. The full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2016-09/documents/method-546-determination-total-microcystins-nodularins-drinking-water-ambient-water-adda-enzyme-linked-immunosorbent-assay.pdf. (k) United States environmental protection agency,
"Ecological Soil Screening Levels for Aluminum," November 2003. The
full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_aluminum.pdf. (l) United States environmental protection agency,
"Ecological Soil Screening Levels for Antimony," February 2005. The
full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_antimony.pdf. (m) United States environmental protection agency,
"Ecological Soil Screening Levels for Arsenic," March 2005. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_arsenic.pdf. (n) United States environmental protection agency,
"Ecological Soil Screening Levels for Barium," February 2005. The
full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_barium.pdf. (o) United States environmental protection agency,
"Ecological Soil Screening Levels for Beryllium," February 2005. The
full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_beryllium.pdf. (p) United States environmental protection agency,
"Ecological Soil Screening Levels for Cadmium," March 2005. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_cadmium.pdf. (q) United States environmental protection agency,
"Ecological Soil Screening Levels for Chromium," April 2008. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_chromium.pdf. (r) United States environmental protection agency,
"Ecological Soil Screening Levels for Cobalt," March 2005. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_cobalt_.pdf. (s) United States environmental protection agency,
"Ecological Soil Screening Levels for Copper," February 2007. The
full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_copper.pdf. (t) United States environmental protection agency,
"Ecological Soil Screening Levels for DDT and Metabolites," April
2007. The full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_ddt.pdf. (u) United States environmental protection agency,
"Ecological Soil Screening Levels for Dieldrin," April 2007. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_dieldrin.pdf. (v) United States environmental protection agency,
"Ecological Soil Screening Level for Iron," November 2003. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_iron.pdf. (w) United States environmental protection agency,
"Ecological Soil Screening Levels for Lead," March 2005. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_lead.pdf. (x) United States environmental protection agency,
"Ecological Soil Screening Levels for Manganese," April 2007. The
full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_manganese.pdf. (y) United States environmental protection agency,
"Ecological Soil Screening Levels for Nickel," March 2007. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_nickel.pdf. (z) United States environmental protection agency,
"Ecological Soil Screening Levels for Pentachlorophenol," April 2007.
The full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_pcp.pdf. (aa) United States environmental protection agency,
"Ecological Soil Screening Levels for Polycyclic Aromatic Hydrocarbons
(PAHs)," June 2007. The full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_pah.pdf. (bb) United States environmental protection agency,
"Ecological Soil Screening Levels for Selenium," July 2007. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_selenium.pdf. (cc) United States environmental protection agency,
"Ecological Soil Screening Levels for Silver," September 2006. The
full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_silver.pdf. (dd) United States environmental protection agency,
"Ecological Soil Screening Levels for Vanadium," April 2005. The full
text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_vanadium.pdf. (ee) United States environmental protection agency,
"Ecological Soil Screening Levels for Zinc," June 2007. The full text
is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/eco-ssl_zinc.pdf. (ff) United States environmental protection agency,
"Integrated Risk Information System," April 2023. The full text is
available in electronic format at: https://www.epa.gov/iris. (gg) United States environmental protection agency
internet-based resources relating to BMPs for erosion and sedimentation,
including the sector specific "Industrial Storm Water Fact Sheet
Series;" February 2021. The full text is available in electronic format
at: https://www.epa.gov/npdes/industrial-stormwater-fact-sheet-series.
(hh) United States environmental protection agency,
"Background Information for the Leaching Environmental Assessment
Framework (LEAF) Test Methods," November 2010. The full text is available
in electronic format at:
https://clu-in.org/download/remed/EPA_LEAF_P1009TQ9.pdf. (ii) United States environmental protection agency,
"Determination of Ammonia Nitrogen by Semi-Automated Colorimetry (EPA
method 350.1)," Revision 2.0, August 1993. The full text is available in
electronic format at:
https://www.epa.gov/sites/default/files/2015-06/documents/epa-350.1.pdf. (jj) United States environmental protection agency,
"Determination of Total Kjeldahl Nitrogen by Semi-Automated Colorimetry
(EPA method 351.2)," Revision 2.0, August 1993. The full text is available
in electronic format at:
https://www.epa.gov/sites/default/files/2015-08/documents/method_351-2_1993.pdf. (kk) United States environmental protection agency,
"Determination of Nitrate-Nitrite Nitrogen by Automated Colorimetry (EPA
method 353.2)," Revision 2.0, August 1993. The full text is available in
electronic format at:
https://www.epa.gov/sites/default/files/2015-08/documents/method_353-2_1993.pdf. (ll) United States environmental protection agency,
"Phosphorous, All Forms (Colorimetric, Ascorbic Acid, Two Reagent)(EPA
method 365.3)," 1978. The full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-08/documents/method_365-3_1978.pdf. (mm) 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;" Fifth
Edition, October 2002. The full text is available in electronic format at:
https://www.epa.gov/sites/default/files/2015-08/documents/acute-freshwater-and-marine-wet-manual_2002.pdf. (nn) United States environmental protection agency,
"Methods for Chemical Analysis of Water and Wastes, EPA
600/4-79/020;" March 1983. The full text is available in electronic format
at: http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=30000Q10.txt. (oo) United States environmental protection agency,
"Methodology for Evaluating Beneficial Uses of Industrial Non-Hazardous
Secondary Materials, EPA 530-R-16-011;" April 2016. The full text is
available in electronic format at:
https://www.epa.gov/sites/default/files/2016-10/documents/methodology_for_evaluating_beneficial_use_of_secondary_materials_4-14-16.pdf. (pp) United States environmental protection agency,
"National Management Measures to Control Nonpoint Source Pollution from
Urban Areas, EPA-841-B-05-004;" November 2005. The full text is available
in electronic format at:
https://www.epa.gov/sites/default/files/2015-09/documents/urban_guidance_0.pdf. (qq) United States environmental protection agency,
"National Menu of Best Management Practices (BMPs) for Stormwater;"
as updated through August 2023. The full text is available in electronic format
at:
https://www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater#edu. (rr) United States environmental protection agency,
"RCRA Waste Sampling Draft Technical Guidance, Planning, Implementation,
and Assessment, EPA 530-D-02-002;" as amended through August 2002.
Information and copies may be obtained by writing to "U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460."
The full text is also available in electronic format at:
https://www.epa.gov/sites/default/files/2015-10/documents/rwsdtg_0.pdf. (ss) United States environmental protection agency,
"Regional Screening Levels (RSLs) - Generic Tables," May 2023. The
full text is available in electronic format at:
https://www.epa.gov/risk/regional-screening-levels-rsls-generic-tables. (tt) United States environmental protection agency,
"Regional Screening Levels (RSLs) - User's Guide," November
2023. The full text is available in electronic format at:
https://www.epa.gov/risk/regional-screening-levels-rsls-users-guide. (uu) United States environmental protection agency,
"Risk Assessment of Spent Foundry Sands In Soil-Related Applications,
EPA-530-R-14-003;" October 2014. The full text is available in electronic
format at:
https://www.epa.gov/sites/default/files/2016-03/documents/risk_assessment_sfs_in_soil.pdf. (vv) United States environmental protection agency,
technical support center for monitoring and site characterization,
"Statistical Software ProUCL 5.2 for Environmental Applications for Data
Sets with and without Nondetect Observations, EPA-600-R-07-041;" June
2022. The full text is available in electronic format at:
https://www.epa.gov/land-research/proucl-software. (ww) United States environmental protection agency,
"Supplemental Guidance for Assessing Susceptibility from Early-Life
Exposure to Carcinogens," March 2005. The full text is available in
electronic format at:
https://www.epa.gov/sites/default/files/2013-09/documents/childrens_supplement_final.pdf.
Last updated February 12, 2024 at 8:30 AM
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Rule 3745-599-05 | Beneficial use and harbor sediment authorization - general exclusions.
Effective:
February 11, 2024
General exclusions. This chapter is not applicable
to the following, including instances when a beneficial use byproduct or lake
Erie dredge is commingled with a material listed in this rule: (A) Agricultural additives regulated
pursuant to Chapter 905. of the Revised Code and rules adopted
thereunder. (B) Compost regulated pursuant to Chapter 3734. of the Revised
Code and rules adopted thereunder. (C) Hazardous waste regulated pursuant to Chapter 3734. of the
Revised Code and rules adopted thereunder. (D) Liquid wastes regulated pursuant to Chapter 6111. of the
Revised Code and rules adopted thereunder other than liquid wastes resulting
from the treatment of source water for drinking or industrial purposes from a
public water system. (E) Sewage, sewage sludge, sludge, sludge materials, and
biosolids for which an authorization has been issued under Chapter 6111. of the
Revised Code and rules adopted thereunder. (F) Waste from oil and gas exploration and production operations
including brine, regulated pursuant to Chapter 1509. of the Revised Code and
rules adopted thereunder. (G) Material used for activities
specified in division (C) of section 6111.32 of the Revised Code and that have
received a 401 water quality certification pursuant to Chapter 3745-32 of the
Administrative Code. (H) Materials injected into a well
pursuant to Chapter 6111. of the Revised Code and rules adopted
thereunder. (I) Used oil regulated pursuant to
Chapter 3745-279 of the Administrative Code. (J) Asbestos-containing waste material
regulated pursuant to Chapter 3704. of the Revised Code and rules adopted
thereunder. (K) The use of materials at coal mining
and reclamation operations and abandoned mine lands regulated pursuant to
division (A)(7)(a) of section 1513.02 of the Revised Code. (L) Construction and demolition debris, including clean
hard fill, regulated pursuant to Chapter 3714. of the Revised Code and rules
adopted thereunder. (M) Mixed solid waste. (N) Household hazardous
waste. (O) Dredge material, other than lake Erie dredge, that is
comprised solely of uncontaminated soil. (P) Wastes from industrial minerals mining and reclamation
operations regulated pursuant to Chapter 1514. of the Revised Code and rules
adopted thereunder. (Q) Infectious waste regulated pursuant to Chapter 3734. of
the Revised Code and rules adopted thereunder. (R) Lime mining wastes regulated pursuant to section
1514.081 of the Revised Code and rules adopted thereunder. (S) Manure regulated pursuant to Chapter 903. of the
Revised Code and rules adopted thereunder. (T) Polychlorinated biphenyls (PCBs) regulated pursuant to
Chapter 3734. of the Revised Code and rules adopted thereunder. (U) Radioactive waste regulated pursuant to Chapter 3748.
of the Revised Code and rules adopted thereunder. (V) Low-level radioactive waste as
specified in section 3734.027 of the Revised Code. (W) Technologically enhanced naturally
occurring radioactive material regulated pursuant to division (P) or (Q) of
section 3734.02 of the Revised Code. (X) Scrap tires regulated pursuant to Chapter 3734. of the
Revised Code and rules adopted thereunder. (Y) Solid waste and other waste accepted
at a solid waste transfer facility. (Z) Solid waste and other waste disposed or used in
activities that occur within the facility boundary of a construction and
demolition debris facility, construction and demolition debris processing
facility, or a solid waste disposal facility regulated pursuant to Chapter
3714. or 3734. of the Revised Code and rules adopted under those
chapters. (AA) Yard waste or commingled yard waste regulated pursuant
to Chapter 3734. of the Revised Code and rules adopted thereunder.
Last updated February 12, 2024 at 8:30 AM
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Rule 3745-599-10 | Beneficial use byproduct incorporatedinto certain construction materials or used as a fuel or as an ingredient in a combustion unit.
Effective:
February 11, 2024
(A) The beneficial use of a beneficial
use byproduct as an ingredient in any of the construction materials listed in
paragraph (B) of this rule is an authorized beneficial use under this
beneficial use program chapter when the following are true: (1) The construction
materials are produced by a facility meeting the appropriate activity code
under the "North American Industry Classification System" (NAICS) or
"Standard Industrial Classification" (SIC). (2) The beneficial use
byproduct is legitimately managed in accordance with rule 3745-599-35 of the
Administrative Code. (3) The beneficial use of
the beneficial use byproduct as an ingredient results in a construction
material that meets generally accepted industry specifications for the
construction material. (B) Construction materials: (1) Asphalt
concrete. (2) Cement
concrete. (3) Chip and seal
pavement. (4) Controlled
low-strength material. (5) Grout. (6) Glass. (7) Masonry
unit. (C) The beneficial use of a beneficial
use byproduct as a fuel or as an ingredient in a combustion unit in accordance
with 40 C.F.R. Part 241 (2011) is an authorized beneficial use under this
beneficial use program chapter if the beneficial use byproduct is legitimately
managed in accordance with rule 3745-599-35 of the Administrative
Code. (D) Nothing in this rule limits the
applicability of Chapter 3734., 6111., or 3704. of the Revised Code or rules
adopted thereunder, or any other applicable environmental laws and
regulations. [Comment: Management and storage of a beneficial
use byproduct prior to incorporation as an ingredient into construction
materials is subject to the legitimacy criteria in rule 3745-599-35 of the
Administrative Code.]
Last updated February 12, 2024 at 8:30 AM
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Rule 3745-599-20 | Beneficial use and harbor sediment authorization - prohibitions.
Effective:
February 11, 2024
(A) Beneficial use
prohibitions. (1) No person shall
beneficially use a beneficial use byproduct except as authorized in accordance
with this chapter. (2) Except in accordance with an
effective national pollutant discharge elimination system permit, no person
shall place or cause to be placed a beneficial use byproduct in a location
where it results in a discharge to waters of the state. (3) Except as authorized by section
6111.32 of the Revised Code and in accordance with a water quality
certification issued under Chapter 3745-32 of the Administrative Code, and a
permit issued under 33 U.S.C. 1344 (2011), if applicable, no person shall
beneficially use a beneficial use byproduct by placing the beneficial use
byproduct into waters of the state. (4) No person shall beneficially use,
manage, or store a beneficial use byproduct in a manner or location that may
endanger public health, safety, or the environment. (5) No person shall beneficially use,
manage, or store a beneficial use byproduct in a manner or in a location that
creates a nuisance, or causes or contributes to water pollution or air
pollution. (6) No person shall conduct, permit, or
allow disposal of a beneficial use byproduct unless authorized by this chapter
or by Chapter 3704., 3734., or 6111. of the Revised Code. In the event that any
of these activities occur, or have occurred at a property, the person
responsible for the activity, the owner of the property, or the person who
allows or allowed the activity to occur, shall promptly remove and dispose or
otherwise manage the beneficial use byproduct in accordance with Chapters 3734.
and 6111. of the Revised Code, and shall submit verification to Ohio EPA that
the beneficial use byproduct has been properly managed. (B) No person shall use, manage, or place lake Erie dredge in any
location except in accordance with this chapter or as authorized under section
6111.33 of the Revised Code.
Last updated February 12, 2024 at 8:31 AM
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Rule 3745-599-25 | Beneficial use - signatures.
Effective:
March 31, 2017
(A) When a document is required to be
signed in accordance with this rule, the person signing that document shall be
one of the following: (1) In the case of a
corporation, a principal executive officer of at least the level of vice
president or a duly authorized representative. (2) In the case of a
partnership, a general partner. (3) In the case of a
limited liability company, a manager, member, or other duly authorized
representative of the limited liability company. (4) In the case of sole
proprietorship, the owner. (5) In the case of a
municipal, state, federal, or other governmental facility, the principal
executive officer, the ranking elected official, or other duly authorized
employee. (B) The signature on the document signed
in accordance with this rule shall constitute personal affirmation that all
statements and all assertions of fact made in the document to the best of the
signatory's knowledge and belief are true, accurate, include all required
information, and comply fully with applicable state requirements and shall
subject the signatory to liability under section 2921.13 of the Revised
Code. (C) Unless an alternate certification is
specifically required, a document signed in accordance with this rule shall
include the following certification statement: "By signing this document I hereby certify
that all statements and all assertions of fact made in the document to the best
of my knowledge and belief are true and accurate, include all required
information, and comply fully with applicable rules."
Last updated December 5, 2023 at 11:50 AM
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Rule 3745-599-30 | Beneficial use - relationships among authorizing documents, rules, and the authority of the director and board of health.
Effective:
March 31, 2017
(A) When direct conflict occurs between a
requirement of this chapter and an authorizing document approved prior to the
establishment of that requirement in this chapter, the owner or operator shall
comply with the authorizing document until the obligation in the authorizing
document ceases. After the obligation ceases, the owner or operator shall
comply with this chapter. (B) When a direct conflict occurs between
a requirement of this chapter and an order issued by the director, approved
board of health, or court having competent jurisdiction prior to the
establishment of that requirement in this chapter, the owner or operator shall
comply with the order until the order is terminated or until the obligation in
the order ceases. After the obligation in the order has ceased, the owner or
operator shall comply with this chapter. (C) Nothing in this chapter is intended
nor shall be construed to limit or infringe upon any authority granted by
statute to the director or a board of health, including but not limited to
issuing orders, conducting inspections, and enforcing the standards and
requirements of statutes and rules adopted thereunder.
Last updated December 5, 2023 at 11:50 AM
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Rule 3745-599-35 | Beneficial use - legitimacy criteria.
Effective:
March 31, 2017
Any person engaging in beneficial use in accordance
with this chapter shall engage in only legitimate beneficial use of the
beneficial use byproduct. Upon request by Ohio EPA, a person shall demonstrate
legitimate beneficial use of a beneficial use byproduct by providing evidence
of the following: (A) The beneficial use byproduct is
managed and stored as a valuable commodity and is appropriately managed to
prevent releases to the environment. (B) The beneficial use byproduct is not
accumulated speculatively. As used in this rule, a beneficial use byproduct is
not accumulated speculatively by the person accumulating the beneficial use
byproduct if all of the following are true: (1) The beneficial use
byproduct has a feasible means of being beneficially used in accordance with a
general beneficial use permit or an individual beneficial use permit, or in a
manner excluded under rule 3745-599-10 of the Administrative Code. (2) The beneficial use
byproduct will be beneficially used in such quantities and over such time
frames specified in the beneficial use permit. If the permit does not specify
time frames or quantities, upon request by Ohio EPA, the person shall
demonstrate that during the preceding calendar year, commencing January first,
the amount of beneficial use byproduct that is beneficially used, or
transferred to a different site for beneficial use, equals at least
seventy-five per cent by weight or volume of the amount of that beneficial use
byproduct that was accumulated at the beginning of the calendar year. In
calculating the percentage of turnover, the seventy-five per cent requirement
is to be applied to beneficial use byproduct of the same type that is
beneficially used in the same way (i.e., from which the same material is
recovered or that is beneficially used in the same way).
Last updated December 5, 2023 at 11:51 AM
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Rule 3745-599-60 | Approved sampling and characterization procedures for the beneficial use of a beneficial use byproduct.
Effective:
February 11, 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."] (A) A characterization required by a
permit issued pursuant to this chapter shall be conducted in accordance with
the permit. (B) A characterization required by this
chapter to determine whether a beneficial use byproduct can be beneficially
used shall be conducted in accordance with one or a combination of the
following applicable methods or other methods deemed acceptable by the
director: (1) "Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)," including
the following: (a) Method 1311, "Toxicity Characteristic Leaching
Procedure." (b) Method 1312, "Synthetic Precipitation Leaching
Procedure." (c) Method 1313, "Liquid-Solid Partitioning as a
Function of Extract pH Using a Parallel Batch Extraction
Procedure." (d) Method 1314,
"Liquid-Solid Partitioning as a Function of Liquid-Solid Ratio for
Constituents in Solid Materials Using an Up-Flow Percolation Column
Procedure." (e) Method 1315,
"Mass Transfer Rates of Constituents in Monolithic or Compacted Granular
Materials Using a Semi-Dynamic Tank Leaching Procedure." (f) Method 1316,
"Liquid-Solid Partitioning as a Function of Liquid-Solid Ratio Using a
Parallel Batch Extraction Procedure." (g) Method 3050B, "Acid Digestion of Sediments,
Sludges, and Soils." (h) Method 3500C "Organic Extraction and Sample
Preparation." (i) Method 6010D, "Inductively Coupled Plasma-Optical
Emission Spectrometry." (j) Method 7000B or 7010, "Flame Atomic Absorption
Spectrophotometry," or "Graphite Furnace Atomic Absorption
Spectrophotometry." (k) Method 8081B, "Organochlorine Pesticides by Gas
Chromatography." (l) Method 8082A, "Polychlorinated Biphenyls (PCBs) by
Gas Chromatography Guidance." (m) Method 8260D, "Volatile Organic Compounds by Gas
Chromatography/ Mass Spectrometry (GC/MS)." (n) Method 8270E, "Semivolatile Organic Compounds by
Gas Chromatography/Mass Spectrometry (GC/MS)." (o) Method 9095B, "Paint Filter Liquids
Test." (2) Methods described in the following
publications: (a) ASTM D698, "Standard Test Methods for Laboratory
Compaction of Soil Standard Effort." (b) ASTM D2487, "Standard Practice for Classification
of Soils for Engineering Purposes (Unified Soil Classification
System)." (c) ASTM D4318, "Standard Test Methods for Liquid
Limit, Plastic Limit, and Plasticity Index of Soils." (d) ASTM D5907, "Standard Test Methods for Filterable
Matter (Total Dissolved Solids) and Nonfilterable Matter (Total Suspended
Solids) in Water." (e) ASTM D6913, "Standard Test Methods for
Particle-Size Distribution (Gradation) of Soils Using Sieve
Analysis." (f) "Methods for Chemical Analysis of Water and Wastes
(EPA 600/4-79/020)." (g) "Methods for Measuring the Acute Toxicity of
Effluents and Receiving Waters to Freshwater and Marine Organisms,
(EPA-821-R-02-012)." (h) American public health association, American water
works association, and water environment federation "Standard Methods for
the Examination of Water and Wastewater." (i) United States environmental protection agency method
350.1, "Determination of Ammonia Nitrogen by Semi-Automated
Colorimetry." (j) United States environmental protection agency method
351.2, "Determination of Total Kjeldahl Nitrogen by Semi-Automated
Colorimetry." (k) United States environmental protection agency method
353.2, "Determination of Nitrate-Nitrite Nitrogen by Automated
Colorimetry." (l) United States environmental protection agency method
365.3, "Phosphorous, All Forms (Colorimetric, Ascorbic Acid, Two
Reagent)." (m) Ohio state university, "Standard Operating
Procedure Mehlich 3," Version 13. (3) Other United States environmental
protection agency methods or other methods that demonstrate to the satisfaction
of the director that the results of the analysis adequately represent
constituent concentrations in the beneficial use byproduct.
Last updated February 12, 2024 at 8:31 AM
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Rule 3745-599-200 | General beneficial use permit.
Effective:
March 25, 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."] (A) The director may issue or renew a
general beneficial use permit without application. A general beneficial use
permit may address the following: (1) A specific category
or categories of beneficial use byproducts and beneficial uses by persons
conducting similar activities. (2) Establishment of
general beneficial use permit eligibility criteria, which may include but are
not limited to the identification of the following: (a) Activities such as generation, processing, distribution, or
placement of the beneficial use byproducts. (b) Persons including but not limited to generators, processors,
distributors, or landowners. (3) Establishment of
requirements pertaining to the characterization of the beneficial use
byproducts. (4) Establishment of
restrictions or standards for the beneficial uses of beneficial use byproducts.
The director may consider established screening levels, restrictions or
standards, and site specific standards that include but are not limited to the
following: (a) United States environmental protection agency "Regional
Screening Levels." (b) United States environmental protection agency "Risk
Assessment of Spent Foundry Sands In Soil-Related
Applications." (c) Chapter 3745-1 of the Administrative Code ("Aquatic
Toxicity" standards and "Water Quality" criteria). (d) Chapter 3745-40 of the Administrative Code ("Sewage
Sludge Program Limits"). (e) Chapter 3745-300 of the Administrative Code ("Voluntary
Action Program" standards). (f) Information regarding ambient background
concentrations. (5) Establishment of
requirements, including BMPs pertaining to the beneficial use, management, and
storage of beneficial use byproducts, including setbacks and isolation
distances. The director may consider at a minimum the following in determining
appropriate BMPs: (a) Ohio environmental protection agency's "Rainwater
and Land Development Manual." (b) United States environmental protection agency's
internet-based resources relating to BMPs for erosion and sedimentation,
including the sector specific "Industrial Storm Water Fact Sheet
Series." (c) "National Menu of Best Management Practices (BMPs) for
Stormwater." (d) "National Management Measures to Control Nonpoint Source
Pollution from Urban Areas, EPA-841-B-05-004." (e) Ohio hydrologic soil groups. (f) Precipitation forecasts. (g) Soil temperatures. (h) Other BMPs listed in Chapter 3745-40 of the Administrative
Code. (6) Establishment of
record keeping and reporting requirements. (7) Establishment of
requirements specific to the type of beneficial use byproduct, locations of the
beneficial use, and the beneficial uses authorized under the general beneficial
use permit. (8) Establishment of a
general beneficial use permit expiration date and general beneficial use permit
renewal procedures. (9) Notification
requirements upon distribution of the beneficial use byproduct. (10) Establishment of
requirements for land use restrictions including but not limited to deed
restrictions and environmental covenants. (11) A demonstration of
legitimacy in accordance with rule 3745-599-35 of the Administrative
Code. (B) Criteria for issuance of a general
beneficial use permit. The director shall not issue a general beneficial use
permit unless the following are determined: (1) Beneficial use of the beneficial use
byproduct as authorized by the general beneficial use permit is unlikely to
create a nuisance or adversely affect public health, safety, or the
environment. (2) Beneficial use of the beneficial use
byproduct as authorized by the general beneficial use permit is unlikely to
cause pollution of waters of the state. (3) Beneficial use of the
beneficial use byproduct as authorized by the general beneficial use permit is
unlikely to cause air pollution. (4) The issuance of the general
beneficial use permit complies with division (M) of section 3734.02 of the
Revised Code. (C) A person may apply for coverage under
a general beneficial use permit by submitting a notice of intent to obtain
coverage in accordance with rule 3745-599-210 of the Administrative
Code. (D) Revocation or non-renewal of general
beneficial use permits. (1) The director may
revoke a general beneficial use permit during its term if the director
determines that the criteria contained in paragraph (B) of this rule have not
been met. (2) The director may
renew a general beneficial use permit. (3) If the director
proposes to revoke a general beneficial use permit or if the general beneficial
use permit expires without renewal, the director shall send notice of the
proposed revocation or non-renewal in writing to each permittee covered under
the general beneficial use permit. (4) Termination of
coverage under the general beneficial use permit shall occur upon the effective
date of a final revocation or the expiration date of a general beneficial use
permit that is not renewed.
Last updated March 25, 2024 at 10:17 AM
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Rule 3745-599-210 | Notice of intent to obtain coverage under a general beneficial use permit.
Effective:
March 31, 2017
(A) A person eligible for coverage as
specified in a general beneficial use permit may apply for coverage under the
general beneficial use permit prior to the anticipated date of commencing
beneficial use of the beneficial use byproduct by submitting the following to
the director in accordance with this rule: (1) A complete and
accurate notice of intent to obtain coverage under a general beneficial use
permit on forms prescribed by the director. The forms shall be signed in
accordance with rule 3745-599-25 of the Administrative Code. At a minimum, such
notice of intent shall contain the following: (a) The general beneficial use permit number under which
authorization to beneficially use a beneficial use byproduct is
requested. (b) The name, address, and telephone number of the
applicant, and the name, address, telephone number, and title of the
applicant's contact person. (c) If different than the applicant, the name, address, and
telephone number of the generator of the beneficial use byproduct proposed to
be beneficially used under the general beneficial use permit, and the name,
address, telephone number, and title of the generator's contact
person. (d) If different than the applicant, the name, address, and
telephone number of every intended distributor of the beneficial use byproduct,
and the name, address, telephone number, and title of each distributor's
contact person. (e) Each location of the proposed beneficial use and
storage of the beneficial use byproduct, unless otherwise specified in the
general beneficial use permit. (f) A description of the beneficial use byproduct and a
representation that the beneficial use byproduct complies with the general
beneficial use permit. (g) Any additional information specified in the general
beneficial use permit or requested by the director. (2) A nonrefundable
application fee of two hundred dollars. (B) Any notice of intent or other
documentation required to be submitted by this rule that fails to provide Ohio
EPA with information needed to ascertain compliance with the applicable
provisions of this chapter may be considered incomplete. Ohio EPA shall notify
the applicant of the necessary information to ascertain compliance with the
applicable provisions of this chapter and may request submittal of the
necessary information within a specified time frame. Failure to provide the
requested information may result in Ohio EPA returning the notice of intent
application to the applicant as an incomplete application. An incomplete
application will not be considered.
Last updated December 5, 2023 at 11:51 AM
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Rule 3745-599-220 | Coverage under a general beneficial use permit.
Effective:
March 31, 2017
(A) General beneficial use permit
coverage. (1) Upon receipt of a
complete notice of intent that demonstrates that the criteria for general
beneficial use permit eligibility have been satisfied, the director may
authorize coverage of the applicant under the general beneficial use
permit. (2) No person is
authorized to beneficially use a beneficial use byproduct under authority of a
general beneficial use permit until the director issues a written notification
or order to that person stating that the beneficial use of the beneficial use
byproduct is authorized by a general beneficial use permit. (3) Any person authorized
to beneficially use a beneficial use byproduct under authority of a general
beneficial use permit shall comply with the general beneficial use permit and
this chapter. (4) Any person authorized to beneficially
use a beneficial use byproduct under authority of the general beneficial use
permit shall only beneficially use a beneficial use byproduct at a location
that has been specified in a general beneficial use permit or identified in a
written notification or order stating that the beneficial use is authorized by
a general beneficial use permit. (5) Coverage under a general beneficial
use permit is non-transferable. (6) Except as provided in
paragraph (G) of this rule, coverage under general beneficial use permit
expires upon the expiration date of the general beneficial use
permit. (B) Record keeping. Unless otherwise
specified in the general beneficial use permit, the permittee shall maintain
and make available the following to Ohio EPA for a period of five years after
beneficial use of the beneficial use byproduct has last occurred: (1) Records of the annual
volume of the beneficial use byproduct that is managed and the amounts
beneficially used under the general beneficial use permit. (2) Any beneficial use
byproduct characterization information required by the general beneficial use
permit. (3) Any other information
required to be maintained by the general beneficial use permit or by the notice
or order from the director stating that the beneficial use of the beneficial
use byproduct is authorized by the general beneficial use permit. (C) Administrative change. The director
may make an administrative change to the order or written notification
specified in paragraph (A)(2) of this rule. An administrative change may
include changes to do either of the following: (1) Update or correct
administrative information including but not limited to the telephone number,
address, or name of the contact person of the permittee, generator, or
distributor. (2) Correct typographical
errors. (D) Change in beneficial use byproduct
characteristics. (1) The permittee shall
notify the director prior to a change in the generating process or when the
permittee anticipates a change in the feedstock, input materials, or raw
materials used in the generating process and shall include information
regarding the following: (a) Whether the beneficial use byproduct is anticipated to
continue to meet the specifications of the general permit. (b) Whether the change constitutes a material
change. (2) If a change in the
generating process, feedstock, input materials, or raw materials constitutes a
material change, the director may require the permittee to conduct and submit
an additional characterization of the beneficial use byproduct in accordance
with rule 3745-599-60 of the Administrative Code. (3) If at any time the
beneficial use byproduct has undergone a material change or does not meet the
requirements of the general permit, the permittee shall cease beneficial use
and distribution of the beneficial use byproduct and provide written notice to
Ohio EPA not later than three days after ceasing beneficial use of the
beneficial use byproduct. Beneficial use and distribution of the beneficial use
byproduct shall cease until the permittee does one of the
following: (a) Not later than sixty days prior to re-commencing
beneficial use and distribution of the beneficial byproduct, the permittee
shall perform and submit the following to Ohio EPA: (i) A characterization of
the beneficial use byproduct as required in the general beneficial use permit.
The characterization shall include sufficient samples as necessary for a
statistical analysis. (ii) A statistical
analysis that demonstrates compliance with the general beneficial use
permit. (iii) An explanation of
how re-commencing beneficial use and distribution of the beneficial use
byproduct will meet the specifications of the general beneficial use permit and
this chapter. (b) Submits an application for an individual beneficial use
permit and obtains an authorization pursuant to this chapter. (E) Denial of coverage under a general
beneficial use permit. (1) The director shall
deny coverage under a general beneficial use permit when information, including
but not limited to the notice of intent that is required to be submitted under
this chapter, demonstrates non-compliance with this chapter or with any
requirements in the general beneficial use permit. (2) The director may deny coverage for
the beneficial use of a beneficial use byproduct at any location where the
director determines that the beneficial use may endanger public health, safety,
or the environment or if the director determines the beneficial use may create
a nuisance or cause or contribute to water pollution or air pollution. In
making a determination to deny coverage, the director shall at a minimum
consider the following locations: (a) Within a drinking water source protection area for a
public water system using ground water. (b) Within five hundred feet of a well that provides
potable drinking water for human or livestock consumption. (c) Within an emergency management zone. (d) Within a flood plain. (e) Within a location prohibited under division (M) of
section 3734.02 of the Revised Code. (3) The director may deny coverage for
the beneficial use of a beneficial use byproduct in the construction of
facilities used to treat, store, or convey potable water for human or livestock
consumption. (4) If coverage under a
general beneficial use permit is denied, an applicant may apply for an
individual beneficial use permit in accordance with rule 3745-599-310 of the
Administrative Code. (F) Revocation of coverage under a
general beneficial use permit. The director may revoke coverage under a general
beneficial use permit if any of the following occur: (1) The director finds
that there has been a violation of a law, rule, or an authorization issued
pursuant to Chapter 3704., 3734., or 6111. of the Revised Code or the rules
adopted thereunder, or any other applicable environmental laws and
regulations. (2) The director has
determined that a nuisance, or an adverse impact to public health, safety, or
the environment has been caused by the beneficial use of the beneficial use
byproduct. (3) The director has
determined that information submitted as the basis for the director's
determination to authorize coverage was incomplete, incorrect, or is no longer
valid. (4) The director has
determined that the beneficial use byproduct or the beneficial use no longer
meets the criteria for coverage under the general beneficial use
permit. (5) The permittee requests that the
director revoke the permittee's coverage under a general beneficial use
permit. (G) Renewal notice of intent. Unless
otherwise specified in the general beneficial use permit, a permittee with
coverage under a preceding expired or expiring general permit who seeks
coverage under a renewed general beneficial use permit may submit to the
director a notice of intent and associated fees in accordance with the
requirements specified in rule 3745-599-210 of the Administrative Code. The
notice of intent shall be submitted not later than forty-five days after the
effective date of the renewed general beneficial use permit. If a notice of
intent is submitted in accordance with this paragraph, then the applicant shall
be deemed to have temporary coverage under the renewed general beneficial use
permit until the director notifies the permittee in writing that coverage under
the renewed general beneficial use permit has been authorized or
denied. [Comment: If a notice of intent is not submitted
in accordance with paragraph (G) of this rule, coverage under a general
beneficial use permit will expire upon the expiration date that was specified
in the general beneficial use permit.] [Comment: If coverage under a notice of intent
submitted in accordance with paragraph (G) of this rule is denied, an applicant
may apply for coverage under an alternative general beneficial use permit or
submit an application for an individual beneficial use permit.]
Last updated December 5, 2023 at 11:51 AM
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Rule 3745-599-310 | Application for an individual beneficial use permit.
Effective:
March 31, 2017
A person applying for an individual beneficial use
permit shall submit the following to the director: (A) A complete and accurate application
for an individual beneficial use permit on forms prescribed by the director,
signed by the applicant in accordance with rule 3745-599-25 of the
Administrative Code, that includes the following: (1) The name, address,
and telephone number of the applicant and the name, address, telephone number,
and title of the applicant's contact person. (2) If different than the
applicant, the name, address, and telephone number of the generator of the
beneficial use byproduct, and the name, address, telephone number, and title of
the generator's contact person. (3) If different than the
applicant, the name, address, and telephone number of each intended distributor
of the beneficial use byproduct and the name, address, telephone number, and
title of each distributor's contact person. (4) A description of the
beneficial use byproduct proposed for beneficial use as generated, including a
description of the following: (a) The process through which the beneficial use byproduct
is generated, including the feedstock, input materials, and raw materials used
to generate the beneficial use byproduct. (b) A physical and chemical description, including leaching
characteristics, of the beneficial use byproduct proposed for beneficial use as
generated. (5) A description of the
manner in which the beneficial use byproduct is intended to be managed and
beneficially used in accordance with rule 3745-599-35 of the Administrative
Code. In addition, the description shall address any of the
following: (a) How the beneficial use byproduct will provide a useful
contribution to the commercial, production, or manufacturing process. For the
purposes of this rule, the beneficial use byproduct provides a useful
contribution if the beneficial use byproduct does any of the
following: (i) Contributes a
valuable ingredient to a product. (ii) Acts as an effective
substitute for a commercial product. (b) How the beneficial use byproduct will be beneficially
used to produce a valuable product. (c) How the beneficial use byproduct will be beneficially
used as an effective substitute for a commercial product, a soil additive or
amendment, or as an ingredient. (6) If the beneficial use
byproduct is being proposed to be beneficially used for agronomic benefit, a
demonstration of the agronomic benefit. (7) A description of the
BMPs that will be used when transporting, storing, and handling the beneficial
use byproduct to minimize loss, including the activities necessary to ensure
that the beneficial use byproduct is not released to the
environment. (8) A description of the
expected chemical characteristics, including the leaching characteristics, of
runoff from the beneficial use byproduct if the beneficial use byproduct will
be applied to the land. (9) A description of the
location and environs of each location of the proposed beneficial use and each
location proposed for storage of the beneficial use byproduct. (10) The volume of the
beneficial use byproduct estimated to be managed and stored annually by the
permittee. (11) A description of any
other permits or authorizations that have been issued for the site where the
beneficial use byproduct will be beneficially used. (12) Any additional
information requested by Ohio EPA. (B) A copy of the applicant's
initial beneficial use byproduct characterization demonstration developed in
accordance with rule 3745-599-340 of the Administrative Code. (C) The proposed compliance demonstration
as required by rule 3745-599-345 of the Administrative Code for each beneficial
use byproduct intended for beneficial use. (D) A nonrefundable application fee of
three hundred fifty dollars.
Last updated December 5, 2023 at 11:51 AM
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Rule 3745-599-320 | Issuance of an individual beneficial use permit.
Effective:
February 11, 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."] (A) If the director determines that an
individual beneficial use permit application is deficient or other
documentation required to be submitted by this chapter does not provide Ohio
EPA with information necessary to ascertain compliance with the applicable
provisions of this chapter, Ohio EPA shall notify the applicant of the
deficiencies in the application. If the applicant fails to submit a complete
revised application not later than one hundred eighty days after the date of
the notice that the application is deficient, the director may deny the
application. If the applicant fails to provide any response not later than one
hundred and eighty days after the date of the notice that the application is
deficient, the director may return the deficient application to the applicant.
An incomplete application will not be considered. (B) An individual beneficial use permit
is non-transferable. (C) Upon receipt of a complete
application for an individual beneficial use permit and a determination that
the criteria for an individual beneficial use permit have been met, the
director may issue an individual beneficial use permit to the applicant. The
individual beneficial use permit may include conditions to prevent nuisance or
adverse impacts to public health, safety, and the environment, including but
not limited to conditions related to the following: (1) Establishment of
restrictions and requirements pertaining to management of and persons
responsible for management of the beneficial use byproduct proposed for
beneficial use including but not limited to the following: (a) Activities such as generation, processing, distribution, or
placement of the beneficial use byproduct. (b) Persons such as generators, processors, distributors, or
landowners. (2) Establishment of
requirements pertaining to the characterization of the beneficial use
byproducts proposed for beneficial use. (3) Establishment of
restrictions or standards for the beneficial use of beneficial use byproducts.
The director may consider restrictions or standards that include but are not
limited to the following: (a) United States environmental protection agency "Regional
Screening Levels." (b) United States environmental protection agency "Risk
Assessment of Spent Foundry Sands In Soil-Related
Applications." (c) Chapter 3745-1 of the Administrative Code ("Aquatic
Toxicity" standards and "Water Quality" criteria). (d) Chapter 3745-40 of the Administrative Code ("Sewage
Sludge Program Limits"). (e) Chapter 3745-300 of the Administrative Code ("Voluntary
Action Program" standards). (f) Information regarding ambient background
concentrations. (4) Establishment of
requirements, including BMPs pertaining to the beneficial use, management, and
storage of beneficial use byproducts, including setbacks and isolation
distances. The director may consider at a minimum the following in determining
appropriate BMPs: (a) Ohio environmental protection agency's "Rainwater
and Land Development Manual." (b) United States environmental protection agency's
internet-based resources relating to BMPs for erosion and sedimentation,
including the sector specific "Industrial Storm Water Fact Sheet
Series." (c) "National Menu of Best Management Practices (BMPs) for
Stormwater." (d) "National Management Measures to Control Nonpoint Source
Pollution from Urban Areas, EPA-841-B-05-004." (e) Ohio hydrologic soil groups. (f) Precipitation forecasts. (g) Soil temperatures. (h) Other BMPs listed in Chapter 3745-40 of the Administrative
Code. (5) Establishment of
record keeping and reporting requirements. (6) Establishment of
requirements specific to the type of beneficial use byproduct, locations of the
beneficial use, and the beneficial uses authorized under the individual
beneficial use permit. (7) Establishment of an
individual beneficial use permit expiration date and individual beneficial use
permit renewal procedures. (8) Notification
requirements upon distribution of the beneficial use byproduct. (9) Establishment of
requirements for land use restrictions including but not limited to deed
restrictions and environmental covenants. (10) Establishment of
requirements for the permittee to sample for constituents in addition to those
identified in the initial beneficial use byproduct characterization
demonstration and proposed compliance demonstration. (11) Additional terms and
conditions as authorized under Chapter 3734. or 6111. of the Revised
Code. (12) A demonstration of
legitimacy in accordance with rule 3745-599-35 of the Administrative
Code. (D) Criteria for issuance of an
individual beneficial use permit. The director shall not issue an individual
beneficial use permit unless the following are determined: (1) The permittee has
submitted a complete application for an individual beneficial use
permit. (2) Beneficial use of the beneficial use
byproduct in accordance with the permit is unlikely to create a nuisance or
adversely affect public health, safety, or the environment. (3) Beneficial use of the beneficial use
byproduct in accordance with the permit is unlikely to cause pollution of
waters of the state. (4) Beneficial use of the beneficial use
byproduct as authorized by the individual beneficial use permit is unlikely to
cause air pollution. (5) The issuance of the individual
beneficial use permit complies with division (M) of section 3734.02 of the
Revised Code. (E) Expiration of an individual
beneficial use permit. An individual beneficial use permit shall be effective
for five years from the effective date of the permit unless otherwise stated in
the permit, or if the permit is revoked in accordance with rule 3745-599-370 of
the Administrative Code.
Last updated February 12, 2024 at 8:31 AM
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Rule 3745-599-330 | Notice and information for distribution - individual beneficial use permits.
Effective:
March 31, 2017
(A) Unless otherwise specified in the
individual beneficial use permit, any permittee who distributes a beneficial
use byproduct to another person under an individual beneficial use permit for
beneficial use shall provide the person receiving the beneficial use byproduct
with the beneficial use byproduct's notice of necessary information prior
to or with the initial distribution. The notice of necessary information shall
include the following: (1) The name, address,
and telephone number of the generator of each beneficial use byproduct, and the
name, address, telephone number, and title of the generator's authorized
contact person. (2) The type and number
of each applicable individual beneficial use permit. (3) A statement that the
material being distributed is or contains a beneficial use byproduct that meets
the constituent limits established in the individual beneficial use
permit. (4) A summary of results
from any characterization required in accordance with rule 3745-599-340 of the
Administrative Code or required by the individual beneficial use
permit. (5) A copy of the
individual beneficial use permit issued for the beneficial use of the
beneficial use byproduct. (B) Upon request by a person receiving
the beneficial use byproduct, the permittee shall provide to that person the
following: (1) A copy of the initial
beneficial use byproduct characterization demonstration required by rule
3745-599-310 of the Administrative Code. (2) A copy of any
compliance demonstrations for the beneficial use byproduct. (C) The permittee shall provide updates
to the notice of necessary information to the person receiving the beneficial
use byproduct for beneficial use annually on the anniversary of the first
notice of necessary information and whenever a beneficial use byproduct being
beneficially used undergoes a material change.
Last updated December 5, 2023 at 11:51 AM
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Rule 3745-599-334 | Generator obligations for record keeping and reporting - individual beneficial use permits.
Effective:
March 31, 2017
(A) Unless otherwise specified in the individual beneficial use
permit, a permittee who is a generator shall submit to Ohio EPA an annual
report signed in accordance with rule 3745-599-25 of the Administrative Code.
The annual report shall be submitted on or before April first of each year for
the previous calendar year on forms prescribed by the director and shall
include at a minimum the following: (1) A list of all persons and locations that
received the beneficial use byproduct from the generator and the quantity of
beneficial use byproduct distributed annually to each person and location
expressed in dry tons or by volume. (2) Any documentation demonstrating legitimacy of
the beneficial use required under rule 3745-599-35 of the Administrative
Code. (3) Information required to be submitted by rule
3745-599-345 or 3745-599-350 of the Administrative Code. (4) The following information, if the information
has changed since the submittal of the previous annual report: (a) The updated information
as specified in paragraph (A) of rule 3745-599-310 of the Administrative
Code. (b) A copy of the
compliance demonstration developed in accordance with rule 3745-599-345 of the
Administrative Code. (c) The results of any
re-characterization of the beneficial use byproduct, including laboratory
results and statistical analyses of the beneficial use byproduct, if performed
by the generator. (5) Any other information required by the
individual beneficial use permit. (B) The permittee shall maintain all of the records required to
be reported pursuant to paragraph (A) of this rule for a minimum of five years
after distribution of the beneficial use byproduct ceases, and shall make them
available to Ohio EPA upon request.
Last updated December 5, 2023 at 11:51 AM
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Rule 3745-599-335 | Distributor obligations for record keeping and reporting - individual beneficial use permits.
Effective:
March 31, 2017
(A) Unless otherwise specified in the individual beneficial use
permit, the permittee who is a distributor shall submit to Ohio EPA an annual
report signed in accordance with rule 3745-599-25 of the Administrative Code.
The annual report shall be submitted on or before April first of each year for
the previous calendar year on forms prescribed by the director and shall
include at a minimum the following: (1) A list of all persons and locations that
received the beneficial use byproduct and the quantity of beneficial use
byproduct distributed annually to each person and location expressed in dry
tons or by volume. (2) The name, address, and telephone number of
each generator of a beneficial use byproduct distributed by the
permittee. (3) Any documentation demonstrating legitimacy of
the beneficial use required under rule 3745-599-35 of the Administrative
Code. (4) Information required by to be submitted by
rule 3745-599-345 or 3745-599-350 of the Administrative Code. (5) The following information, if the information
has changed since the submittal of the previous annual report: (a) The updated information
as specified in paragraph (A) of rule 3745-599-310 of the Administrative
Code. (b) A copy of the
compliance demonstration developed in accordance with rule 3745-599-345 of the
Administrative Code. (c) The results of any
re-characterization of the beneficial use byproduct, including laboratory
results and statistical analyses of the beneficial use byproduct, if performed
by the distributor. (6) Any other information required by the
individual beneficial use permit. (B) The permittee shall maintain all of the records required to
be reported pursuant to paragraph (A) of this rule for a minimum of five years
after distribution of the beneficial use byproduct ceases, and make them
available to Ohio EPA upon request.
Last updated December 5, 2023 at 11:52 AM
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Rule 3745-599-340 | Initial beneficial use byproduct characterization demonstration for individual beneficial use permits.
Effective:
February 11, 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. (H) A description of the sample handling techniques and
shipping procedures selected to maintain the sample integrity, including sample
preservation and chain of custody. The description shall also set forth the
quality control procedures and sampling protocols used to obtain representative
samples of the beneficial use byproduct. (I) A written discussion of the analytical results used to
justify the beneficial use of the beneficial use byproduct for the beneficial
use specified in the individual beneficial use permit application that contains
at a minimum the following: (1) All raw data and analytical results
gathered in accordance with the initial beneficial use byproduct
characterization demonstration. (2) A summary table of all the raw data
and the data analysis included in a computerized database or electronic
spreadsheet. (3) The analytical report containing
enough detailed information so that the reported statistical analyses are
reproducible. (4) A description of the statistical or
empirical data evaluation methods to determine the representative average
properties of the beneficial use byproduct. (5) A data validation report performed by
a person not employed by the laboratory performing the initial beneficial use
byproduct characterization demonstration.
Last updated February 12, 2024 at 8:31 AM
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Rule 3745-599-345 | Compliance demonstration for individual beneficial use permits.
Effective:
March 31, 2017
(A) Compliance demonstration. An applicant shall develop and
submit a proposed compliance demonstration with the individual beneficial use
permit application. The proposed compliance demonstration shall describe the
sampling and analysis procedures the applicant will use when performing the
annual compliance demonstration required by paragraph (B) of this rule and
shall include all beneficial use byproducts that the applicant is seeking to
beneficially use under the individual beneficial use permit application
pursuant to this chapter. (1) The proposed compliance demonstration shall
include all components of the initial beneficial use byproduct characterization
required by rule 3745-599-340 of the Administrative Code. (2) If the proposed compliance demonstration
proposes different sampling and analysis than what is performed for the initial
beneficial use byproduct characterization demonstration, the applicant shall
submit an explanation of each change. The proposed compliance demonstration
shall include at a minimum the following: (a) An explanation of any
changes made to the list of constituents of concern. (b) An explanation of any
changes of the analytical method selected and of the appropriateness of the
selected analytical method. (c) An explanation of any
changes to the sampling strategy to characterize the beneficial use byproduct
by volume or as generated through time. (d) An explanation of any
changes to the sample handling techniques or shipping procedures. (e) An explanation of any
changes to the sampling strategy followed to obtain representative
samples. (f) An explanation of any
changes of the sampling strategy including locations and number of
samples. (B) Unless otherwise specified in an approved individual
beneficial use permit and except as provided in paragraph (C) of this rule, the
permittee shall annually perform a compliance demonstration for each beneficial
use byproduct in accordance with the effective individual beneficial use
permit. (C) A compliance
demonstration is not required annually if the permittee has not beneficially
used or distributed the beneficial use byproduct in the past year. Prior to
resuming beneficial use or distribution of the beneficial use byproduct, the
permittee shall conduct the compliance demonstration in accordance with this
rule. If the compliance demonstration documents that the beneficial use of the
beneficial use byproduct complies with the approved individual beneficial use
permit, the permittee may resume beneficial use or distribution of the
beneficial use byproduct. (D) If at any time the
results of a beneficial use byproduct compliance demonstration indicate that a
beneficial use byproduct has undergone a material change involving a known
constituent exceeding the limits in the permit, the permittee shall comply with
paragraph (A)(2) of rule 3745-599-350 of the Administrative Code. (E) If deemed necessary to ensure the protection of public
health, safety, or the environment or to prevent a nuisance, the director may
require sampling and monitoring for constituents in addition to those
identified in the compliance demonstration. (F) Record keeping. Unless otherwise specified in the individual
beneficial use permit, the permittee shall maintain and make available upon
request any compliance demonstration information required by this chapter to
Ohio EPA for a period of five years after beneficial use of the beneficial use
byproduct has last occurred.
Last updated December 5, 2023 at 11:52 AM
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Rule 3745-599-350 | Changes to the beneficial use byproduct and the individual beneficial use permit.
Effective:
March 31, 2017
(A) Material change in the raw materials or generating
process of the beneficial use byproduct. (1) If a change in the
generating process, feedstock, input materials, or raw materials constitutes a
material change, the director may require the permittee to conduct and submit
an additional characterization of the beneficial use byproduct in accordance
with rule 3745-599-60 of the Administrative Code. (2) If at any time the
beneficial use byproduct has undergone a material change or does not meet the
requirements of the individual beneficial use permit, the permittee shall cease
beneficial use and distribution of the beneficial use byproduct and provide
written notice to Ohio EPA not later than three days after cessation. The
permittee may resume beneficial use or distribution of the beneficial use
byproduct only after doing one of the following: (a) Not later than sixty days prior to re-commencing
beneficial use and distribution of the beneficial byproduct, the permittee
shall perform and submit the following to Ohio EPA: (i) A characterization of
the beneficial use byproduct as required in the individual beneficial use
permit and this chapter. The characterization shall include sufficient samples
as necessary for a statistical analysis. (ii) A statistical
analysis that demonstrates compliance in accordance with the individual
beneficial use permit. (iii) An explanation of
how re-commencing beneficial use and distribution of the beneficial use
byproduct will meet the specifications of the individual beneficial use permit
and this chapter. (b) Submits an application for and obtains an authorization
pursuant to this chapter. (B) The director may make an
administrative change to an individual beneficial use permit. An administrative
change to an individual beneficial use permit is an amendment that does not
result in a modification. An individual beneficial use permit may be
administratively changed to do the following: (1) To update
administrative information including the telephone number, address, or contact
person of the permittee, generator, or distributor. (2) To correct
typographical errors contained in an individual beneficial use
permit. (C) Modification of an individual
beneficial use permit. (1) The director may
modify an individual beneficial use permit in response to changes in applicable
laws, rules, or other factors affecting compliance with the terms and
conditions of the individual beneficial use permit. (2) The permittee may
request a modification of an individual beneficial use permit. A request to
modify shall at a minimum contain the following: (a) A completed form prescribed by the
director. (b) A brief narrative explanation of the modification being
requested. (c) The identification of each specific permit requirements
related to the requested modification. (d) The rationale for the modification and an evaluation
demonstrating that the modification conforms to the following: (i) Maintains equivalent
protection as specified in the individual beneficial use permit. (ii) Does not affect any
requirements in the individual beneficial use permit that are not part of the
modification request. (e) A non-refundable fee of three hundred fifty
dollars. (3) The modification
shall be effective on the date specified in the modified individual beneficial
use permit issued by the director.
Last updated December 5, 2023 at 11:52 AM
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Rule 3745-599-360 | Renewal of an individual beneficial use permit.
Effective:
March 31, 2017
(A) A permittee who seeks to continue
beneficial use or distribution of a beneficial use byproduct after the
expiration of an individual beneficial use permit may submit to the director an
application for renewal of the individual beneficial use permit not later than
one hundred eighty days prior to the individual beneficial use permit's
expiration date. An application for renewal shall include the items and
information specified in paragraphs (A) and (B) of rule 3745-599-310 of the
Administrative Code and shall be accompanied by a non-refundable application
fee of three hundred fifty dollars. In addition, the application shall include
a copy of the laboratory results for each compliance demonstration that has
occurred since the approval of the individual beneficial use permit the
permittee is seeking to renew. (B) If an applicant submits a complete
application for renewal of an individual beneficial use permit not later than
one hundred eighty days prior to the expiration date of the existing individual
beneficial use permit and Ohio EPA has neither approved nor denied the
application for renewal prior to the expiration of the existing individual
beneficial use permit, the existing individual beneficial use permit shall be
effective until the application for renewal is either approved or denied by the
director. (C) If an applicant submits an
application for renewal not later than one hundred eighty days prior to the
expiration date of the existing individual beneficial use permit and the
application for renewal is denied by the director, the existing individual
beneficial use permit expires on the effective date of the denial of the
application for renewal or the expiration date of the existing individual
beneficial use permit, whichever is later. (D) If an applicant fails to submit an
application for renewal not later than one hundred eighty days prior to the
expiration date of the existing individual beneficial use permit, the existing
individual beneficial use permit expires on the expiration date specified in
the individual beneficial use permit and the permittee shall not continue
beneficial use or distribution of the beneficial use byproduct until
authorization for the beneficial use or distribution under this chapter has
been obtained. (E) An applicant seeking renewal of an
individual beneficial use permit shall submit to Ohio EPA a revised renewal
application for an individual beneficial use permit not later than ninety days
after the date of written notification that the application is incomplete. The
director may deny an incomplete application or return the application to the
applicant. (F) If the director concludes that
additional information is necessary to determine whether an application for
renewal satisfies this chapter, upon written request the applicant shall supply
such additional information. (G) The renewal of an individual
beneficial use permit is subject to the same requirements as the issuance of a
new individual beneficial use permit pursuant to this chapter.
Last updated December 6, 2023 at 11:35 AM
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Rule 3745-599-370 | Denial and revocation of an individual beneficial use permit.
Effective:
March 31, 2017
(A) Denial of an individual beneficial use permit. The director
may deny an individual beneficial use permit application or an application for
renewal of an individual beneficial use permit in accordance with Chapter 119.
of the Revised Code, for at a minimum any of the following
reasons: (1) The beneficial use of a beneficial use
byproduct is proposed at one or more of the following locations: (a) Within a drinking water
source protection area for a public water system using ground
water. (b) Within five hundred
feet of a well that provides potable drinking water for human or livestock
consumption. (c) Within an emergency
management zone. (d) Within a flood
plain. (e) Within a location
prohibited under division (M) of section 3734.02 of the Revised
Code. (2) The beneficial use byproduct is proposed to
be beneficially used in the construction of facilities used to treat, store, or
convey potable water for human or livestock consumption. (3) The beneficial use of a beneficial use
byproduct is proposed at any location where the director determines that the
beneficial use may endanger public health, safety, or the environment, create a
nuisance, or cause or contribute to water pollution or air
pollution. (4) The application is deficient or otherwise not
in compliance with this chapter. (5) The permittee has not demonstrated compliance
with the individual beneficial use permit for which a renewal application has
been submitted. (6) The permit for which an application for
renewal has been submitted has been revoked. (B) Revocation of an individual beneficial use permit. The
director may revoke an individual beneficial use permit in accordance with
Chapter 119. of the Revised Code, if at a minimum any of the following
occur: (1) The director finds that there has been a
violation of a law, rule, or an authorization issued pursuant to Chapter 3704.,
3734., or 6111. of the Revised Code or the rules adopted thereunder, or any
other applicable environmental laws and regulations. (2) The director has determined that a nuisance
or an adverse impact to public health, safety, or the environment has been
caused by the beneficial use of the beneficial use byproduct. (3) The director has determined that information
submitted as the basis for the director's determination to approve the
permit was incomplete, incorrect, or is no longer valid. (4) An additional constituent of concern is
identified that has not been evaluated under the individual beneficial use
permit. (5) The permittee requests that the director
revoke the individual beneficial use permit.
Last updated December 6, 2023 at 11:36 AM
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Rule 3745-599-400 | Harbor sediment authorization.
Effective:
February 11, 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 and harbor sediment
authorization - incorporation by reference."] (A) Upon consideration of the criteria
set forth in rule 3745-599-410 of the Administrative Code, the director may
issue or renew a harbor sediment authorization for lake Erie dredge that is not
a hazardous waste and that is unlikely to create a nuisance or adversely affect
public health, safety, or the environment. Lake Erie dredge that is covered by
and managed in accordance with an effective harbor sediment authorization is
neither a solid waste nor an other waste for the purposes of Chapters 3734. and
6111. of the Revised Code, except to the extent that earthen materials are
regulated pursuant to those chapters. A harbor sediment authorization may
include but is not limited to the following: (1) Requirements pertaining to the
management and storage of lake Erie dredge during handling of the lake Erie
dredge, including setbacks and isolation distances. At a minimum, the director
may consider the following in determining appropriate
requirements: (a) Ohio environmental protection agency's "Rainwater
and Land Development Manual." (b) United States environmental protection agency's
internet-based resources relating to BMPs for erosion and sedimentation,
including the sector specific "Industrial Storm Water Fact Sheet
Series." (c) United States environmental protection agency's
"National Menu of Best Management Practices (BMPs) for
Stormwater." (d) United States environmental protection agency's
"National Management Measures to Control Nonpoint Source Pollution from
Urban Areas, EPA-841-B-05-004." (e) Ohio hydrologic soil groups. (f) Precipitation forecasts. (g) Soil temperatures. (h) Other BMPs listed in Chapter 3745-40 of the Administrative
Code. (2) Testing and sampling
requirements. (3) Record keeping and reporting
requirements. (4) The identification of the lake Erie
dredge covered under the harbor sediment authorization, including the
geographic location and timeframe during which the lake Erie dredge is
excavated. (5) Expiration procedures. (6) Renewal
procedures. (B) Administrative change. The director
may make an administrative change to a harbor sediment authorization to correct
typographical errors. (C) Modification. The director may modify
a harbor sediment authorization in response to changes in applicable laws,
rules, or other factors affecting compliance with the terms and conditions of
the harbor sediment authorization. (D) Suspension or
revocation. (1) Suspension. The
director may suspend a harbor sediment authorization if the director determines
that an emergency exists requiring immediate action to protect the public
health or safety or the environment. The director may issue an emergency order,
without notice or hearing, reciting the existence of the emergency and
requiring that such action be taken as necessary to meet the emergency. The
emergency order shall take effect immediately. Any person to whom the emergency
order is directed shall comply immediately, but on application to the director
shall be afforded a hearing as soon as possible and not later than thirty days
after application. On the basis of the hearing, the director shall continue the
emergency order in effect, revoke, or modify the emergency order. No emergency
order shall remain in effect for more than one hundred twenty days after
issuance. (2) Revocation. The director may revoke a
harbor sediment authorization during the authorization's term if any of
the following occur: (a) A change in applicable laws, rules, or other factors
affecting compliance with the terms and conditions of the harbor sediment
authorization. (b) The director finds that the relevant data and available
information no longer supports issuance of a harbor sediment authorization for
the lake Erie dredge. (c) The director determines that a nuisance or an adverse impact
to public health, safety, or the environment has occurred or is likely to occur
from the lake Erie dredge covered by the harbor sediment
authorization. (d) A constituent of concern is identified that has not been
evaluated when issuing or renewing the harbor sediment
authorization. (e) If at any time the lake Erie dredge to which the harbor
sediment authorization applies no longer meets the criteria set forth in rule
3745-599-410 of the Administrative Code. If revocation occurs pursuant to this
paragraph, evaluation of the lake Erie dredge is required prior to issuance of
a new harbor sediment authorization. (3) If the director proposes to revoke a
harbor sediment authorization, the director shall public notice the proposed
revocation in accordance with Chapter 3745-49 of the Administrative
Code. (4) Except as provided in
paragraph (E) of this rule, if the director suspends or revokes a harbor
sediment authorization, any lake Erie dredge identified in the harbor sediment
authorization shall be considered a solid waste or an other waste as provided
in Chapters 3734. and 6111. of the Revised Code and the rules adopted
thereunder. (E) Lake Erie dredge that has been land applied or removed from a
sediment processing facility for distribution or use while covered under an
effective harbor sediment authorization may be regulated pursuant to Chapter
3734. or 6111. of the Revised Code only to the extent that earthen materials
are regulated pursuant to those chapters.
Last updated February 12, 2024 at 8:31 AM
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Rule 3745-599-410 | Criteria for issuance of a harbor sediment authorization.
Effective:
February 11, 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 and harbor sediment
authorization - incorporation by reference."] (A) When determining whether to issue a
harbor sediment authorization for lake Erie dredge pursuant to rule
3745-599-400 of the Administrative Code, the director may consider at a minimum
the following criteria: (1) The geographic area
from which the lake Erie dredge was excavated. (2) The extent to which
the lake Erie dredge has been dewatered. (3) A characterization of
the lake Erie dredge through analysis of all constituents reasonably expected
to be present in the lake Erie dredge and sufficient samples as necessary for a
statistical analysis. (4) Comparisons of constituent
concentrations to established screening levels, restrictions, or standards that
include but are not limited to the following: (a) United States environmental protection agency,
"Ecological Soil Screening Levels for Aluminum." (b) United States environmental protection agency,
"Ecological Soil Screening Levels for Antimony." (c) United States environmental protection agency,
"Ecological Soil Screening Levels for Arsenic." (d) United States environmental protection agency,
"Ecological Soil Screening Levels for Barium." (e) United States environmental protection agency,
"Ecological Soil Screening Levels for Beryllium." (f) United States environmental protection agency,
"Ecological Soil Screening Levels for Cadmium." (g) United States environmental protection agency,
"Ecological Soil Screening Levels for Chromium." (h) United States environmental protection agency,
"Ecological Soil Screening Levels for Cobalt." (i) United States environmental protection agency,
"Ecological Soil Screening Levels for Copper." (j) United States environmental protection agency,
"Ecological Soil Screening Levels for DDT and
Metabolites." (k) United States environmental protection agency,
"Ecological Soil Screening Levels for Dieldrin." (l) United States environmental protection agency,
"Ecological Soil Screening Levels for Iron." (m) United States environmental protection agency,
"Ecological Soil Screening Levels for Lead." (n) United States environmental protection agency,
"Ecological Soil Screening Levels for Manganese." (o) United States environmental protection agency,
"Ecological Soil Screening Levels for Nickel." (p) United States environmental protection agency,
"Ecological Soil Screening Levels for
Pentachlorophenol." (q) United States environmental protection agency,
"Ecological Soil Screening Levels for Polycyclic Aromatic Hydrocarbons
(PAHs)." (r) United States environmental protection agency,
"Ecological Soil Screening Levels for Selenium." (s) United States environmental protection agency,
"Ecological Soil Screening Levels for Silver." (t) United States environmental protection agency,
"Ecological Soil Screening Levels for Vanadium." (u) United States environmental protection agency,
"Ecological Soil Screening Levels for Zinc." (v) Resident soil screening levels contained in the United States
environmental protection agency, "Regional Screening
Levels." (w) United States environmental protection agency "Regional
screening level (RSL) User's Guide." (x) United States environmental protection agency
"Integrated Risk Information System." (y) United States environmental protection agency
"Supplemental Guidance for Assessing Susceptibility from Early-Life
Exposure to Carcinogens." (z) Information regarding ambient background
concentrations. (5) Information obtained from the army
corps of engineers, the national oceanic and atmospheric association, Ohio EPA,
the United States environmental protection agency, or any other relevant
information deemed acceptable by the director. (6) Whether methods are being employed to
ensure that the lake Erie dredge is not commingled with solid waste or other
contaminants. (7) The concentration of cyanotoxins in
the lake Erie dredge. (8) Any additional criteria deemed
necessary by the director. (B) A characterization of lake Erie
dredge may be conducted by means of testing and analysis in accordance with one
or a combination of the following applicable methods or other methods deemed
acceptable by the director: (1) "Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)," including
the following: (a) Method 1311, "Toxicity Characteristic Leaching
Procedure." (b) Method 1312, "Synthetic Precipitation Leaching
Procedure." (c) Method 3050B, "Acid Digestion of Sediments, Sludges, and
Soils." (d) Method 3500C "Organic Extraction and Sample
Preparation." (e) Method 6010D, "Inductively Coupled Plasma-Optical
Emission Spectrometry." (f) Method 7000B or 7010, "Flame Atomic Absorption
Spectrophotometry," or "Graphite Furnace Atomic Absorption
Spectrophotometry." (g) Method 8081B, "Organochlorine Pesticides by Gas
Chromatography." (h) Method 8082A, "Polychlorinated Biphenyls (PCBs) by Gas
Chromatography Guidance." (i) Method 8260D, "Volatile Organic Compounds by Gas
Chromatography/ Mass Spectrometry (GC/MS)." (j) Method 8270E, "Semivolatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS)." (k) Method 9095B, "Paint Filter Liquids
Test." (2) Methods described in
the following publications: (a) American Public Health Association, American Water Works
Association, and Water Environment Federation, "Standard Methods for the
Examination of Water and Wastewater." (b) "Methods for Chemical Analysis of Water and Wastes (EPA
600/4-79/020)." (c) Ohio environmental protection agency, "Total
(Extracellular and Intracellular) Microcystins -ADDA by ELISA Analytical
Methodology." (d) United States environmental protection agency,
"Determination of microcystins and nodularin in drinking water by solid
phase extraction and liquid chromatography/tandem mass spectrometry (LC/MS/MS)
(EPA Method 544)." (e) United States environmental protection agency,
"Determination of Total Microcystins and Nodularins in Drinking Water and
Ambient Water by ADDA Enzyme-Linked Immunosorbent Assay (EPA Method
546)." (3) United States
environmental protection agency "Leaching Evaluation Assessment Framework
for inorganic constituents." (4) Other United States environmental
protection agency methods or other methods that demonstrate to the satisfaction
of the director that the results of the analysis adequately represent
constituent concentrations in the lake Erie dredge.
Last updated February 12, 2024 at 8:31 AM
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