Ohio Admin. Code 3745-599-410 - Criteria for issuance of a harbor sediment authorization
[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 "
(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 .
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 6111.03, 6111.32, 6111.33, 6111.34
Rule Amplifies: 3734.01, 3734.02, 6111.01, 6111.03, 6111.32, 6111.33, 6111.34
Prior Effective Dates: 02/25/2019
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