[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations,
and test methods,
federal rules, and federal statutory provisions 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 5.0
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.
