Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 9 - Mississippi Commission on Environmental Quality Regulations For The Beneficial Use of Nonhazardous Solid Waste
Rule 11-4-9.3 - Beneficial Use Categories
Universal Citation: MS Code of Rules 11-4-9.3
Current through December 10, 2024
A. Category I uses are uses that have a Standing Use Determination that has been approved by the Department. Category I uses must fulfill the following conditions:
(1) Category I uses must be consistent with
one of the following Standing Use Determinations approved by the Department:
(a) Uses of uncontaminated and untreated
wood, wood chips, bark, or sawdust where such materials are used as mulch,
landscaping, animal bedding, wood fuel production, bulking agents or additives
at a permitted composting facility, or other directly comparable
uses.
(b) Rubbish that is
legitimately used, reused, recycled or reclaimed, except for rubbish wastes
which is composted or which, due to its chemical or physical constituency,
would result in an endangerment to the environment or the public health,
safety, or welfare.
(c) Uses
consistent with and approved under the conditions of the Mississippi Waste Tire
Management Regulations as they pertain to the beneficial use of waste tires or
waste tire derived materials;
(d)
Contained uses in a regulated environmental system that the Department
regulates through an existing permit, order, or regulation. Such uses may
include stabilization or solidification of a solid waste for ultimate disposal
in a municipal solid waste landfill, alternate cover uses in a municipal solid
waste landfill or other type disposal facility, construction uses within a
lined landfill cell and other similar uses as determined by the
Department;
(e) Uses in which a
by-product is utilized as a contained and/or encapsulated additive in the
manufacture of a product; or
(f)
Other uses which have been sufficiently demonstrated by the owner, distributor
or supplier or user and subsequently approved by the Department for a Standing
Use Determination.
(2)
The by-product must satisfy Rule 9.2(A) of these regulations regarding
eligibility requirements.
(3) For
Category I uses, the generator/distributor shall be exempt from the
requirements of Rules 9.2(B) and 9.4 of these regulations.
B. Category II uses are uses in which the by-product is utilized in engineered construction or other civil engineering uses. Category II determined uses must fulfill the following conditions:
(1) The by-product must satisfy Rule 9.2(A)
of these regulations regarding eligibility requirements.
(2) An applicant must comply with Rule 9.2(B)
of these regulations for the Department's consideration of a proposed
beneficial use.
(3) By-Product
Characterization - A by-product must be adequately characterized to ensure that
the use of the material does not cause environmental or public health problems.
At a minimum, the characterization must include a demonstration of the
following:
(a) The applicant must conduct an
appropriate analysis of the by-product that identifies the primary chemical
constituents and demonstrates the physical characteristics of the material and
must submit that analytical data with the application for beneficial
use.
(b) The by-product should not
contain constituents that exceed the Beneficial Use Characteristic Standard of
Table A in Appendix 1 for the following metals: Arsenic, Barium, Cadmium,
Chromium, Lead, Mercury, Selenium and Silver. Where a constituent(s) in the
by-product exceeds a Table A standard, the constituent(s) should be analyzed by
the Toxicity Characteristic Leaching Procedure (TCLP) to confirm that the
material does not exceed the leachability standards of Table B in Appendix 1.
The Department may consider the use of an alternate leaching test, upon the
written request and demonstration by the applicant that the alternate test
provides a comparable and appropriate analysis for the use proposed.
(c) The Department may establish additional
constituent standards for a byproduct or may require that the applicant conduct
an appropriate risk assessment of the by-product, depending upon the process
generating the by-product. In such cases, the additional constituents must be
analyzed and reported to the Department.
(d) Where a by-product does not meet an
established beneficial use standard as described in Rules 9.3(B)(3)(b) and
(B)(3)(c), the applicant may propose an alternate demonstration to the
Department of the suitability of the by-product, based on an appropriate
contaminant risk assessment of the material.
(4) The registrant of the by-product must
have the certification of a professional engineer licensed in the State of
Mississippi that the by-product has physical or chemical properties suitable
for the proposed construction or civil engineering use. Where ASTM standards or
other recognized standards exist relating to the proposed use, the by-product
must comply with those standards.
(5) Where appropriate, the Department may
adopt written best management practices for more common construction or civil
engineering uses of by-products in the state. Upon the development of such best
management practices, the registrant must provide a written copy to the end
user or users at the point of sale or distribution of the by-product.
C. Category III determined uses are uses in which the by-product is utilized as a soil amendment, soil amendment additive, or direct application to the land. Category III determined uses must fulfill the following conditions:
(1) The by-product must satisfy Rule 9.2(A)
of these regulations regarding eligibility requirements.
(2) An applicant must comply with Rule 9.2(B)
of these regulations for the Department's consideration of a proposed
beneficial use.
(3) By-Product
Characterization - A by-product must be adequately characterized to ensure that
the proposed use of the material does not cause environmental or public health
problems. At a minimum, the characterization must include a demonstration of
the following:
(a) The applicant must conduct
an appropriate analysis of the by-product that identifies the primary chemical
constituents and demonstrates the physical characteristics of the material and
must submit that analytical data with the application for beneficial
use.
(b) The by-product should not
contain constituents that exceed the Beneficial Use Characteristic Standard of
Table A in Appendix 1 for the following metals: Arsenic, Barium, Cadmium,
Chromium, Lead, Mercury, Selenium and Silver. Where a constituent(s) in the
by-product exceeds a Table A standard, the constituent(s) should be analyzed by
the Toxicity Characteristic Leaching Procedure (TCLP) to confirm that the
material does not exceed the leachability standards of Table B in Appendix 1.
The Department may consider the use of an alternate leaching test, upon the
written request and demonstration by the applicant that the alternate test
provides a comparable and appropriate analysis for the use proposed.
(c) The pollutant concentrations of a
by-product proposed for Category III determined uses should not exceed the
secondary soil amendment constituent standards in Appendix 2.
(d) The Department may establish additional
constituent standards for a byproduct or may require that the applicant conduct
an appropriate risk assessment of the by-product, depending upon the process
generating the by-product. In such cases, the additional constituents must be
analyzed and reported to the Department.
(e) Where a by-product does not meet an
established beneficial use standard as described in Rules 9.3(C)(3)(b) and (c),
the applicant may propose an alternate demonstration to the Department of the
suitability of the byproduct, based on an appropriate contaminant risk
assessment of the material.
(4) A supplier or distributor must advise end
users of the by-product in writing of the acceptable agronomic rate of
application and agronomic practices for use of the by-product. Where
appropriate, the Department may adopt written best management practices for
more common soil amendment uses of by-products in the state. Upon the
development of such best management practices, the registrant must provide a
written copy to the end user or users at the point of sale or distribution of
the by-product.
(5) Prior to a
Category III use of the by-product, the applicant must apply for and obtain
proper certification from the Mississippi Department of Agriculture and
Commerce (MDAC) for the use of the proposed material as a soil amendment, where
applicable.
D. Category IV determined uses are all other miscellaneous uses that do not fall into one of the preceding categories. Such uses must fulfill the following conditions:
(1) The by-product must satisfy Rule 9.2(A)
of these regulations regarding eligibility requirements.
(2) An applicant must comply with Rule 9.2(B)
of these regulations for the Department's consideration of a proposed
beneficial use.
(3) Based upon the
conditions of the proposed use, the Department may require that the applicant
comply with part or all of the conditions in Rules 9.3(B) or (C) of these
regulations.
Miss. Code Ann. §§ 17-17-1, et seq., 17-17-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq., 49-17-1, et seq. and 49-31-1, et seq.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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