Ohio Admin. Code 3745-30-03 - Waste characterization for disposal in a residual landfill facility
(A)
In order to
To
determine and confirm the
whether it is appropriate residual waste landfill class for disposal of wastes
specified in rule
3745-30-01 of the
Administrative Code
to dispose a particular IMW
waste stream in a residual landfill , residual
waste
the owner or operator shall
be sampled
sample
the IMW in accordance with paragraph (C) of this rule,
.
and an
An
extract from the IMW shall be obtained and tested
in accordance with paragraphs (D) and (E) of this rule for
all of the following parameters
unless an alternative list is used in accordance
with paragraph (B) of this rule:
(1)
For residual wastes
IMW generated by fuel burning operations as specified
in paragraph (B)(1)
(I)(1)(a) of rule
3745-30-01 of the
Administrative Code, parameter numbers one through eight, ten through fifteen,
and forty of appendix A
B to this rule
3745-30-04 of the Administrative
Code.
(2) For
residual wastes
IMW generated by foundry operations as specified in
paragraph (B)(2)
(I)(1)(b) of rule
3745-30-01 of the
Administrative Code, parameter numbers one through eighteen, twenty-two through
twenty-four, thirty-two, thirty-five, thirty-six, and forty of appendix
A
B to
this rule 3745-30-04
of the Administrative Code.
(3) For residual
wastes
IMW generated by pulp and
papermaking operations as specified in paragraph (B)(3)
(I)(1)(c) of
rule
3745-30-01 of the
Administrative Code, parameter numbers one through forty of appendix
A
B to
this rule 3745-30-04
of the Administrative Code.
(4) For residual
wastes
IMW generated by steelmaking
operations as specified in paragraph (B)(4)
(I)(1)(d) of
rule
3745-30-01 of the
Administrative Code, parameter numbers one through seventeen and forty of
appendix A
B
to this rule 3745-30-04 of the Administrative Code.
(5) For residual
wastes
IMW generated from gypsum
processing plant operations as specified in paragraph
(B)(5)
(I)(1)(e) of rule
3745-30-01 of the
Administrative Code, parameter numbers one through seventeen and forty of
appendix A
B
to this rule 3745-30-04 of the Administrative Code.
(6) For residual
wastes
IMW generated from lime processing
operations as specified in paragraph (B)(6)
(I)(1)(f) of
rule
3745-30-01 of the
Administrative Code, parameter numbers one through six, eight, ten through
fifteen, and forty of appendix A
B to this rule
3745-30-04 of the Administrative
Code.
(7) For
residual wastes
IMW generated from portland cement operations as
specified in paragraph (B)(7)
(I)(1)(g) of rule
3745-30-01 of the
Administrative Code, parameter numbers one through seventeen and forty of
appendix A
B
to this rule 3745-30-04 of the Administrative Code.
(8)
For IMW specified
in paragraph (I)(1)(h) of rule
3745-30-01 of the
Administrative Code, applicable parameters approved by the director based on
process or material knowledge or previously acquired waste
characterization.
(B) As an alternate
alternative
to a parameter list prescribed in paragraph (A) of this rule,
the owner or operator may use another parameter
list may be used to characterize
a residual waste
the
IMW in accordance with the following:
(3)
(4)
For the purpose of confirming the residual solid
waste is appropriate for the landfill class, compounds
A
compound may be removed from the parameters
listed
parameter list prescribed in
paragraph (A) of this rule when performing the waste characterization required
by paragraph (G) of this rule if the waste characterization conducted in
accordance with paragraphs (C) to (F) of this rule demonstrates that the
parameter is either not present in the waste, or present at such low concentrations that the
applicable maximum allowable concentration for the proposed residual
waste landfill class will not be exceeded.
(1)
For the
purpose of determining the appropriate residual solid waste landfill class,
parameters
Parameters may be added or
removed from the parameters listed in paragraph (A) of this rule if
approved
authorized by the
director
Ohio EPA .
(2)
For the
purpose of determining the appropriate residual solid waste landfill class, the
director, based on process or material knowledge or previously acquired waste
characterization data,
Ohio EPA may
require the addition of a parameter(s)
parameter to the parameter list prescribed in
paragraph (A) of this rule based on process or material
knowledge or previously acquired waste characterization data .
(3)
If a parameter is
added to the list prescribed in paragraph (A) of this rule, the maximum
allowable concentration shall be set as thirty times the maximum contaminant
level established in Chapters 3745-81 and 3745-82 of the Administrative Code.
If a maximum contaminant level does not exist for that parameter, the maximum
allowable concentration shall be set as thirty times the United States
environmental protection agency regional screening level for resident tap water
with a target hazard quotient of 1.0.
(C) All samples of a residual waste
IMW
shall be composite samples of that residual
waste as described in section 9.1.1.4.1. of USEPA's
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, third
edition"
(SW-846), as amended through January 3, 2008,
"Guidance on Choosing a Sampling Design for Environmental
Data Collection" (EPA/240/R-02/005) and the sampler
owner or
operator shall employ all reasonable measures, such as sampling different
sources of the residual waste
IMW at different times, or conducting random sampling of a representative
pile of the residual waste generated by the same production processes using the
same raw materials at different times, to ensure that representative composite
samples are obtained. Wastes may be mixed or treated
prior to collecting composite samples as long as one of the following criteria
are met:
(1)
At the discretion of the applicant, owner, or operator,
wastes may be mixed or treated prior to collecting composite samples as long as
one of the following criteria are met:
(1)
(a) The individual
wastes are mixed prior to discharge in the normal production process of the
generator or the individual wastes are generated by substantially similar
industrial processes and raw materials.
(2)
(b) The mixing of
individual wastes results in a waste in which leaching characteristics are
reduced relative to one or more of the individual wastes due to attenuation
factors other than dilution, such as precipitation, adsorption, or ion exchange
and the applicant, owner, or operator
demonstrates all of the following
to Ohio EPA :
(a)
(i)
It is demonstrated to the satisfaction of the
director that
That a reduction in
leaching characteristics occurs in one or more parameters due to such a factor.
the
At a minimum,
the demonstration shall be submitted to Ohio EPA for approval and it
shall include, at a minimum, all of the
following:
(i)
(a) The concentration, determined in accordance with
the waste characterization specified in paragraph (E) of this rule, of each
parameter that undergoes a reduction in concentration due to such a factor and
of each parameter with a concentration greater than fifty per cent of the
maximum concentration for the proposed landfill class, for the following:
(a)
(i)
Each individual waste in the mixture.
(b)
(ii) The resultant
mixture.
(ii)
(b) A listing and the ratio, by weight and volume, of
the individual wastes which
that comprise
the mixture.
(iii)
(c) Calculations using the concentration and weight
data required by paragraphs (C)(2)(a)(i)(a),
(C)(2)(a)(i)(b)
(C)(1) (b)(i)(a),
(C)(1)(b)(i)(b), and (C)(2)(a)(ii)
(C)(1)(c) of this rule, which demonstrate
quantitatively that the reduction in leaching characteristics is not due solely
to dilution.
(iv)
(d) An identification and explanation of the chemical
reaction(s)
reactions , including chemical equations, which causes
the attenuation.
(b)
(ii) The individual
wastes are mixed in the same ratios and in the same manner in which they will
be mixed prior to disposal during the normal operation of the residual
waste landfill.
(3)
(c)
a residual waste
IMW may be treated by aeration to reduce the
concentration of phenol prior to the waste characterization performed in
accordance with paragraph (D) of this rule provided that an aeration process is
performed in the same manner and for the same duration on all similar
residual waste
IMW prior to disposal in the residual
waste landfill.
(2)
If the director
determines that mixing of individual wastes when co-disposed in the residual
landfill facility may result in increased concentrations of parameters, wastes
shall be mixed prior to collecting composite samples.
(D)
The
toxicity characteristic leaching procedure (TCLP) (USEPA method 1311) shall be
used to
To obtain
All extracts for the purpose of
characterizing a residual waste
IMW proposed for disposal in a residual
waste landfill.
For a leaching solution to obtain the extract, the applicant,
or permittee may
owner, or operator shall use
either the acid solution specified in the TCLP or
the water solution specified in the ASTM water leaching method (ASTM D
3987-85)
the specifications of the United
States environmental protection agency's "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods" (SW-846), method 1311, method 1312, method
1313, method 1314, or method 1315 . The acid and water solutions may each
be used for specific parameters as appropriate to utilize characterization
knowledge from other testing, such as hazardous waste determination. The
solution chosen for a parameter in the initial characterization of
a residual waste
IMW shall be used for that parameter in all subsequent
characterizations of that residual waste.
For the purpose of obtaining an extract which will
be analyzed for any of the volatile organic compounds listed in appendix A to
rule
3745-30-04
of the Administrative Code, a zero headspace extraction (ZHE) apparatus, as
specified in the TCLP, shall be used. Laboratory analytical methods
for determining the concentration of the parameters required by paragraph (A)
of this rule in an extract shall use all
of
be in accordance with the following:
(1) Methods specified in
USEPA's
United
States environmental protection agency's "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods, third
edition" (SW-846), as amended through
January 3, 2008, for the analysis of volatile organic compounds
and inorganic
parameters .
(2)
Methods specified in "methods for chemical analysis
of water and wastes" (EPA 600/4-79-020)
ASTM
D5907 or SM 2540C for the analysis of total dissolved solids.
(3) Methods specified in either of
the documents listed in paragraphs (D)(1) and (D) (2) of this rule for the
analysis of arsenic, barium, cadmium, chromium, lead, mercury, selenium,
silver, chloride, fluoride, iron, manganese, sodium, sulfate, cyanide, and
phenols.
(E)
To determine
the appropriate residual waste landfill class for disposal of wastes,
the
The concentration of all parameters
required to be analyzed by paragraph (A) of this rule shall be determined using
a minimum number of seven samples. Based on a high degree of variability in the
concentration of a parameter at or near the maximum allowable concentration for
a particular landfill class
disposal in a residual landfill , the sampler,
applicant, permittee
owner or operator , or the
director
Ohio EPA may determine that
more
additional samples are required
necessary to
characterize the IMW . The maximum allowable
concentration is established in appendix B to this rule and, if appropriate, by
paragraph (B) of this rule. The residual waste classification shall be performed
in accordance with one
to determine either of the following:
(1)
All
The concentrations
of all parameters required for analysis by paragraph (A) of this rule are less
than seventy percent
per cent of the maximum allowable concentrations for
the class
disposal
in a residual landfill .
(2)
The upper limit of the eighty percent
per cent confidence interval of the mean of the
concentration of each parameter required for analysis by paragraph (A) of this
rule is below the maximum allowable concentration for
the class
disposal
in a residual landfill . The statistical procedure for determining the
eighty per cent confidence intervals shall be in accordance with appendix A to
this rule or with an alternative statistical procedure deemed acceptable by
the director
Ohio
EPA .
(F)
For purposes of determining the appropriate residual
waste landfill class, actual leachate
Leachate from previously disposed
residual waste which
IMW that is representative of long-term field leachate
of the residual wastes
IMW proposed for future disposal may be substituted
for the extract specified in paragraph (D) of this rule upon
the written concurrence
of the director
from
Ohio EPA . the director
Ohio EPA may allow alternative
alternate statistical procedures to those specified
in paragraph (E) of this rule when actual
leachate is used.
(G)
To confirm the residual waste is appropriate for the
landfill class as established by rule
3745-30-04
of the Administrative Code, after
Upon
the effective date of a permit to install for a residual
waste landfill, the
permittee
owner or
operator shall characterize each residual waste in accordance with the following:
(1)
Within
not later than
twelve months of
after the effective date of the permit, establish a
confirmation sampling date by collecting one sample of each
residual waste and characterizing it in
accordance with paragraphs (A) to (D) of this rule. Based on a concentration of
a parameter which
that exceeds the upper
limit of the confidence interval calculated for that parameter in accordance
with
limit determined by paragraph
(E)
(E)(1) or
(E)(2) of this rule, the sampler, applicant, permittee
owner or
operator , or the director
Ohio EPA may determine that more
additional
samples are required
necessary to characterize the IMW .
(2) Annually, Within
not later than
forty-five days of
after the confirmation sampling date established in
accordance with paragraph (G)(1) of this rule, or according to a more frequent
schedule authorized
as
established by the director
Ohio EPA based on variability noted in previous
sampling events and/or
or other factors affecting the predictability of waste
characteristics, collect one (or
more) sample(s)
samples of each residual waste and characterize it in accordance
with paragraphs (A) to (D) of this rule.
(3)
All
Submit all
characterization data shall be submitted to
Ohio EPA Within
not
later than seventy-five days of
after sampling and include a general process flow
diagram which
that displays the processes, points of generation, and
types of wastes generated.
(4) If
a test results
indicate
result indicates that the
maximum allowable concentration for
the previously established landfill
class
disposal in the residual landfill
is exceeded, submit two test results from
additional samples must be submitted
within
not later than seventy-five
additional days after receipt of the test results . Testing may be
limited to the parameter in exceedence
exceedance and any parameters with a concentration
greater than fifty per cent of the maximum allowable concentration. Test
results from two samples are required
needed to reject the original
exceedence
exceedance . If the original exceedence
exceedance
is not rejected, the permittee
owner or operator
may
either
shall cease disposal of the waste in the
residual landfill facility. The owner or operator may submit to Ohio EPA
a new waste characterization in accordance with paragraphs (A) to (E) of this
rule, within seventy-five days, or submit a
permit to install application for modification to future phases of the residual
waste landfill to comply with the
appropriate landfill class
liner system prescribed in rule
3745-30-07
of the Administrative Code due to a change in the type of waste received .
If the permittee
owner or operator submits a new waste
characterization, the director shall evaluate the characterization for
the applicable maximum allowable concentration for
disposal in a residual waste landfill classification and may require that the
permittee
owner or
operator submit a permit to install application to modify the landfill to
comply with a new class as appropriate
the liner system prescribed in rule
3745-30-07
of the Administrative Code . The director shall not apply the siting
criteria specified in rule
3745-30-06
of the Administrative Code to such a permit to install application, but may
require additional environmentally protective measures.
(5) Whenever the production process or raw
materials used in the production process change significantly
and/or
or new
wastes are proposed for disposal in the residual waste landfill, characterize the waste in
accordance with paragraphs (A) to (E) of this rule. For the
purpose
purposes of this rule, to
"
a significant change
significantly" means that the change would
be reasonably expected to alter the
appropriate
cause the IMW to fail to meet the
criteria for disposal in a residual waste landfill,
classification as
required
established in rule 3745-30-04
3745-30-03
of the Administrative Code.
[Comment: The confirmation sampling date established pursuant
to paragraph (G)(1) of this rule is the same date to be applied to
residual waste(s) approved for a
facility.]
(H) All characterization data shall be
submitted to the director
Ohio EPA and be accompanied by a completed chain of
custody documentation. The chain of custody documentation shall be a field
tracking report form to record sample custody in the field prior to and during
shipment.
(I) Incorporation by
reference. The text of the incorporated materials is not included in this rule
and are hereby made a part of this rule. Only the specific version specified in
this rule is incorporated. Any amendment or revision to a referenced document
is not incorporated until this rule has been amended to specify the new
version. The materials incorporated by reference are available as follows:
(1) Other publications. The
availability of these documents is provided below; however, many of the
documents are also available for inspection and copying at most public
libraries and "The State Library of Ohio."As used in this rule:
(a) Specifications of the "Test
Methods for Evaluating Solid Waste, Physical/ Chemical Methods, third edition,
including Volume II, Field Manual (SW-846)" as amended through January 3, 2008.
Information and copies may be obtained by writing to: "National Technical
Information Service, U.S. Department of Commerce, 5285 Port Royal Rd.,
Springfield, VA 22161." The full text is also available in electronic format at
http://www.epa.gov/epawaste/index.htm.
(1)
American public
health association, American water works wssociation, and water environment
federation SM 2540C "Total Dissolved Solids Dried at
180Ã,°C," "Standard Methods for the Examination of Water and
Wastewater", 23rd edition, 2017. The full text of this document is available in
electronic format at http://www.standardmethods.org/
.
(2)
United States environmental protection agency,
"Guidance on Choosing a Sampling Design for Environmental Data Collection
EPA/240/R-02/005," published in December 2002. The full text is available
at
http://www.epa.gov/
nscep or by writing to U.S. Environmental Protection
Agency/National Service Center for Environmental Publications, P. O. Box 42419,
Cincinnati, OH 45242-0419.
(3)
United States
environmental protection agency, "Regional Screening Levels," May 2020. The
full text is available in electronic format at: https://www.epa.gov/risk/regional-screening-levels-rsls-generic-tables-May-2016
.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02
Rule Amplifies: 3734.02
Prior Effective Dates: 01/13/1992, 11/30/2002, 05/18/2015
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