or operator demonstrates that the hazardous waste does not significantly affect
the residue by demonstrating conformance with either of the following
(1) Comparison of waste-derived residue with
normal residue. The waste-derived residue
must
shall not
contain constituents in the appendix to rule
3745-51-11 of the Administrative
Code (toxic constituents) that could reasonably be attributable to the
hazardous waste at concentrations significantly higher than in residue
generated without burning or processing of hazardous waste, using the following
procedure. Toxic compounds that could reasonably be attributable to burning or
processing the hazardous waste (constituents of concern) include toxic
constituents in the hazardous waste, and the organic compounds listed in
appendix
II
B
to this rule that may be generated as products of incomplete combustion. For
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses
must
shall be
performed to determine specific congeners and homologues, and the results
converted to 2,3,7,8-TCDD equivalent values using the procedure specified in
section 4.0 of the appendix to rule
3745-266-103 of the
Administrative Code.
(a) Normal residue.
Concentrations of toxic constituents of concern in normal residue
must
shall be
determined based on analyses of a minimum of ten samples representing a minimum
of ten days of operation. Composite samples may be
used to develop a sample for
analysis provided that the compositing period does not exceed twenty-four
hours. The upper tolerance limit (at ninety-five per cent confidence with a
ninety-five per cent proportion of the sample distribution) of the
concentration in the normal residue
must
shall be considered the statistically-derived
concentration in the normal residue. If changes in raw materials or fuels
reduce the statistically-derived concentrations of the toxic constituents of
concern in the normal residue, the statistically-derived concentrations
must
shall be
revised or statistically-derived concentrations of toxic constituents in normal
residue
must
shall be established for a new mode of operation with
the new raw material or fuel. To determine the upper tolerance limit in the
normal residue, the
owner or operator
must
shall use statistical procedures prescribed in
"Statistical Methodology for Bevill Residue Determinations" in the appendix to
rule
3745-266-103 of the
Administrative Code.
(b)
Waste-derived residue. Waste-derived residue
must
shall be sampled
and analyzed as often as necessary to determine whether the residue generated
during each twenty-four-hour period has concentrations of toxic constituents
that are higher than the concentrations established for the normal residue
under paragraph (B)(1)(a) of this rule. If so, hazardous waste burning has
significantly affected the residue and the residue
must
shall not be
excluded from the definition of a
" hazardous
waste.
" Concentrations of toxic constituents of
concern in the waste-derived residue
must
shall be determined based on analysis of one or
more samples obtained over a twenty-four-hour period. Multiple samples may be
analyzed, and multiple samples may be taken to form a composite sample for
analysis provided that the sampling period does not exceed twenty-four hours.
If more than one sample is analyzed to characterize waste-derived residues
generated over a twenty-four-hour period, the concentration of each toxic
constituent
must
shall be the arithmetic mean of the concentrations in
the samples. No results may be disregarded; or
(2) Comparison of waste-derived residue
concentrations with health-based limits.
(a)
Nonmetal constituents. The concentration of each nonmetal toxic constituent of
concern [specified in paragraph (B)(1) of this rule] in the waste-derived
residue
must
shall not exceed the health-based level specified in
appendix
I
A
to this rule, or the level of detection
(using
analytical procedures prescribed in SW-846), whichever is higher. If a
health-based limit for a constituent of concern is not listed in appendix
I
A to this
rule, then a limit of 0.002 micrograms per kilogram or the level of detection
(which
must
shall be determined by using appropriate analytical
procedures), whichever is higher,
must
shall be
used.
The levels
specified in appendix A to this rule (and the default level of 0.002 micrograms
per kilogram or the level of detection for constituents as identified in
Footnote 1 of appendix A to this rule) are administratively stayed by U.S. EPA,
under the condition, for those constituents specified in paragraph (B)(1) of
this rule, that the owner or operator complies with alternative levels defined
as the land disposal restriction limits specified in rule
3745-270-40 of the
Administrative Code for F039 nonwastewaters. Ohio EPA will interpret this rule
consistent with U.S. EPA's administrative stay. In complying with those
alternative levels, if an owner or operator is unable to detect a constituent
despite documenting use of best goodfaith efforts as defined by applicable
agency guidance or standards, the owner or operator is deemed to be in
compliance for that constituent. Until new guidance or standards are developed,
the owner or operator may demonstrate such good-faith efforts by achieving a
detection limit for the constituent that does not exceed an order of magnitude
above the level provided by rule
3745-270-40 of the
Administrative Code for F039 nonwastewaters. In complying with the rule
3745-270-40 of the
Administrative Code for F039 nonwastewater levels for polychlorinated
dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses shall be
performed for total hexachlorodibenzo-p-dioxins, total hexachlorodibenzofurans,
total pentachlorodibenzo-p-dioxins, total pentachlorodibenzofurans, total
tetrachlorodibenzo-p-dioxins, and total tetrachlorodibenzofurans.
[Note: The levels specified in
appendix I to this rule (and the default level of 0.002 micrograms per kilogram
or the level of detection for constituents as identified in note 1 of appendix
I to this rule) have been administratively stayed by U.S. EPA under the
condition, for the constituents specified in paragraph (B)(1) of this rule,
that the owner or operator complies with alternate levels defined as the land
disposal restriction limits specified in rule 3745-270-40 of the Administrative
Code for F039 nonwastewaters.
Comment: The
U.S. EPA administrative stay, under the condition that the owner or operator
complies with alternative levels defined as the land disposal restriction
limits specified in rule
3745-270-40 of the
Administrative Code for F039 nonwastewaters, remains in effect until further
administrative action is taken and notice is published in the Federal Register
and the Code of Federal Regulations. Ohio EPA will interpret this rule
consistent with U.S. EPA's administrative stay.]
(b) Metal constituents. The concentration of
metals in an extract obtained using the toxicity characteristic leaching
procedure of rule
3745-51-24 of the Administrative
Code
must
shall not exceed the levels specified in appendix
I
A to this
rule; and
(c) Sampling and
analysis. Waste-derived residue
must
shall be sampled and analyzed as often as
necessary to determine whether the residue generated during each
twenty-four-hour period has concentrations of toxic constituents that are
higher than the health-based levels. Concentrations of toxic constituents of
concern in the waste-derived residue
must
shall be determined based on analysis of one or
more samples obtained over a twenty-four-hour period. Multiple samples may be
analyzed, and multiple samples may be taken to form a composite sample for
analysis provided that the sampling period does not exceed twenty-four hours.
If more than one sample is analyzed to characterize waste-derived residues
generated over a twenty-four-hour period, the concentration of each toxic
constituent
must
shall be the arithmetic mean of the concentrations in
the samples. No results may be disregarded; and
