329 Ind. Admin. Code 10-9-4

Current through October 31, 2024

Section 329 IAC 10-9-4 - Restricted waste sites waste criteria

Authority: IC 13-14-8-7; IC 13-15-2; IC 13-19-3

Affected: IC 13-19-3; IC 36-9-30

Sec. 4.

(a) A restricted waste site must accept only the restricted waste types specified in the facility permit, determined according to the classification criteria in this section.

(b) Restricted wastes accepted at a restricted waste site must be limited to one (1) waste type or related waste types that are as follows:

(1) Expected to have similar chemical and physical composition.

(2) Demonstrated to be within the concentration limits for the appropriate site type for each constituent for which testing is required. The concentration limits for each constituent for each restricted waste site type are as follows:

(A) Table 1 lists the maximum levels for constituents using Method 1311, the toxicity characteristic leaching procedure test described in U.S. Environmental Protection Agency Publication SW-846:

Table 1. Constituents Using Method 1311, Toxicity Characteristic Leaching Procedure

Constituent	Concentration (milligrams per liter)
Type IV	Type III	Type II	Type I
Arsenic	<=.05	<=.50	<=1.3	<5.0
Barium	<=1.0	<=10.	<= 25.	<100.
Cadmium	<=.01	<=.10	<=.25	<1.0
Chromium	<=.05	<=.50	<=1.3	<5.0
Lead	<=.05	<=.50	<=1.3	<5.0
Mercury	<=.002	<=.02	<=.05	<.20

Selenium	<=.01	<=.10	<=.25	<1.0
Silver	<=.05	<=.50	<=1.3	<5.0

"<" means less than

" <=" means less than or equal to

(B) Table 2 lists the maximum levels for constituents using the neutral leaching method test:

Table 2. Constituents Using the Neutral Leaching Method Test¹

Constituent	Concentration (milligrams per liter)
Type IV	Type III	Type II	Type I
Barium	<=1.0	<=10.0	[LESS THAN] 25.	(2)
Chlorides	<= 250.	<= 2,500.	<=6,300.	(2)
Copper	<=.25	<= 2.5	<=6.3	(2)
Cyanide, total	<=.20	<= 2.0	<=5.0	(2)
Fluoride	<=1.4	<=14.0	<=35.	(2)
Iron	<=1.5	<=15.0	(2)	(2)
Manganese	<=.05	<=.50	(2)	(2)
Nickel	<=.20	<= 2.0	<=5.0	(2)
Phenols	<=.30	<=3.0	<=7.5	(2)
Sodium	<= 250.	<= 2,500.	<=6,300.	(2)
Sulfate	<= 250.	<= 2,500.	<=6,300.	(2)
Sulfide, total	<=1.03	<=5.0	<=13.	(2)
Total dissolved solids	<=500.	<=5,000.	<=12,500.	(2)
Zinc	<= 2.5	<= 25.	<=63.	(2)

"<" means less than

" <=" means less than or equal to 1 The Neutral Leaching Method test is conducted as follows:

(1) Use Method 1311, Toxicity Characteristic Leaching Procedure, described in U.S. Environmental Protection Agency publication SW-846.

(2) Substitute deionized water for extraction fluids 1 and 2 described in Method 1311.

(3) Analyze for pH at the end of the eighteen (18) hour extraction period.

²Testing is not required.

³If detection limit problems exist, please consult the Office of Land Quality for guidance.

(C) Table 3 lists the maximum pH:

Table 3. pH

Constituent	Acceptable Range (Standard Units)
Type IV	Type III	Type II	Type I
pH	6.0-9.0	5.0-10.0	4.0-11.0	(1)

¹Testing is not required.

(c) The following apply to those wastes that have previously been classified using the Method 1310, extraction procedure toxicity test, described in U.S. Environmental Protection Agency Publication SW-846, under 329 IAC 2, which was repealed in 1996, and now must be classified using Method 1311 under this article:

(1) The waste must be classified under this section at the renewal of the current waste classification.

(2) If the results using Method 1311 demonstrate a higher concentration of contaminants leaching from the waste than demonstrated using Method 1310 for the previous waste classification such that the waste now requires a restricted waste site type with more environmentally protective design and operating standards, the facility accepting the waste is subject to the following:

(A) For units undergoing closure, the facility must comply with the ground water monitoring and post-closure requirements of the more environmentally protective restricted waste site type.

(B) Within one (1) year from the date that the new waste classification type is determined, the owner or operator shall:

(i) submit an application to reclassify the facility to the restricted waste site type with the more environmentally protective standards; or

(ii) close the facility as required under clause (A).

(C) If the facility is comprised of previously closed units that are contiguous with existing or new units, the new and existing units must comply with clause (B) and the entire facility must comply with the ground water monitoring requirements of the more environmentally protective restricted waste site type.

(d) Coal combustion fly or bottom ash and flue gas desulfurization byproducts may be disposed of at a restricted waste site Type I without characterization testing, or at a restricted waste site Type II, III, or IV, if the following are completed:

(1) The waste is characterized as specified in this section.

(2) The waste is classified as specified in this section for disposal and meets the criteria under subsection (b) for a restricted waste site Type II, III, or IV.

(3) Resampling is conducted:

(A) at five (5) year intervals;

(B) whenever the characteristics of the coal changes;

(C) whenever the process generating the waste changes; or

(D) according to a schedule for resampling specified by the commissioner based on variability noted in previous sampling and other factors affecting the predictability of waste characteristics.

(e) Foundry waste may be disposed of at a restricted waste site Type I, II, III, or IV if the following are completed:

(1) The waste is characterized as specified in this section for disposal and meets the criteria under subsection (b) for a restricted waste site Type I, II, III, or IV.

(2) Resampling is conducted:

(A) at two (2) year intervals;

(B) whenever the process changes; or

(C) according to a schedule for resampling by the commissioner based on variability noted in previous sampling and other factors affecting the predictability of waste characteristics.

(f) For waste other than those in subsections (d) through (e), the generator may request that the commissioner define test constituents and concentration limits needed to determine which restricted waste site type controls the expected hazards of the waste based on the chemical and physical characteristics of the waste. The commissioner may deny such a request for wastes that are heterogeneous, such as municipal garbage and trash and demolition debris, or wastes that are subject to organic decomposition, and other wastes for which test methods are inadequate to determine the hazards posed by the waste or its decomposition products.

(g) Except as provided in subsections (a) through (f), even if sampling results that indicate that waste constituents exceed the criteria for a proposed restricted waste site type, the commissioner may approve the site if the permittee demonstrates that:

(1) the pH range encountered under leaching conditions likely to be encountered at the site will produce lower concentrations of waste constituents in any leachate generated;

(2) due to precipitation, sorption, ion exchange, neutralization, reaction, or decomposition, the waste constituents will be removed from solution; or

(3) dispersion and dilution likely to occur within the monitoring boundary, as defined in 329 IAC 10-2-113, will reduce the concentration of waste constituents in leachate as determined by the toxicity characteristic leaching procedure and leaching method tests.

(h) The generator shall submit a comprehensive list, comparable to material safety data sheets, of all organic additives used in the process unit operations generating the waste. If trade names are given to additives, it is the generator's responsibility to contact the manufacturer about supplying the commissioner with the chemical ingredient listing that makes up the trade name chemical and to have the manufacturer contact the commissioner with the proper information. The commissioner may require organic testing of the additive.

(i) Waste analyses submitted to the commissioner for review under subsections (a) through (h) must be accompanied by sufficient documentation of representative sampling and quality assurance and quality control measures to establish that the applicable procedures were conducted under adequate controls as stipulated in subsections (l) through (o).

(j) The person seeking the restricted waste site waste classification shall include a signed statement attesting that the information provided is true and accurate that states, "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized to submit this information.".

(k) The results of the waste classification indicating the restricted waste type determined by the commissioner must be provided in writing to the generator of the waste. A waste classification is not considered valid unless provided in writing by the commissioner.

(l) Testing used to identify the contents and properties of a solid waste must follow appropriate methods described in U.S. Environmental Protection Agency Publication SW-846 or equivalent methods acceptable to the commissioner. All sampling, sample preparation, analytical, quality control, and reporting procedures for the methods used must be followed.

(m) Wastes must not be combined for testing.

(n) Nothing in this section limits the ability of the commissioner to require additional testing for activities other than disposal in a municipal solid waste landfill that meets the requirements of 329 IAC 10-17.

(o) The methods listed in Table 4 must be used to determine if a waste is suitable for disposal in a restricted waste site:

Table 4. Testing Requirements for Waste to be Disposed of in a Restricted Waste Site

Waste	Use These Extraction Methods1	Analyze for These Constituents2
Coal Ash or Flue Gas Desulfurization Byproducts	Method 1311 (Toxicity Characteristic Leaching Procedure)	Arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver
Neutral Leaching Method3 or Method 1312 (Synthetic Precipitation Leaching Procedure)	Barium, chlorides, total cyanide, fluoride, pH, sodium, sulfate, total sulfide, total dissolved solids
Foundry Waste	Method 1311 (Toxicity Characteristic Leaching Procedure)	Arsenic, barium, cadmium, chromium, lead, mercury, selenium, silver
Neutral Leaching Method3 or Method 1312 (Synthetic Precipitation Leaching Procedure)	Chlorides, copper, total cyanide, fluoride, iron, manganese, nickel, pH, phenols, sodium, sulfate, total sulfide, total dissolved solids, zinc
All Other Waste	Test methods from SW-846 specific to the waste	Constituents will be determined based on the specific waste

¹Extraction methods and procedures are found in U.S. Environmental Protection Agency Publication SW-846 unless otherwise noted.

²Use appropriate analytical methods from SW-846, "Methods for Chemical Analysis of Water and Waste", EPA-600/ 4-79-020, revised March 1983, or use other equivalent analytical methods approved by the commissioner. EPA-600/ 4-79-020 is available from the National Technical Information Service, Springfield, Virginia 22161, order number PB84-128677.

³The Neutral Leaching Method is conducted as follows:

(1) Use Method 1311, Toxicity Characteristic Leaching Procedure, described in U.S. Environmental Protection Agency Publication SW-846.

(2) Substitute deionized water for extraction fluids 1 and 2 described in Method 1311.

(3) Analyze for pH at the end of the eighteen (18) hour extraction period.

329 IAC 10-9-4

Solid Waste Management Board; 329 IAC 10-9-4; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1805; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2045; filed Jan 9, 1998, 9:00 a.m.: 21 IR 1725, eff one hundred eighty (180) days after filing with the secretary of state; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jul 14, 2004, 9:15 a.m.: 27 IR 3963; errata filed Oct 7, 2004, 11:50 a.m.: 28 IR 608; errata filed Jan 3, 2005, 10:32 a.m.: 28 IR 1485; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA

Readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR-329190249BFA