(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.