Current through Register Vol. 41, No. 3, September 23, 2024
A. The department may consider other waste
materials and uses to be beneficial. The generator or proposed user of such
materials may request that the department make a case-specific determination
that the solid waste may be beneficially used in a manufacturing process to
make a product or as an effective substitute for a commercial product. In all
such cases, the materials will be managed so they do not create an open dump,
hazard, or public nuisance.
1. The requestor
shall provide the following information:
a. A
description of the solid waste under review and its proposed use;
b. Chemical and physical characteristics of
the solid waste under review and of each type of proposed product;
c. A demonstration that there is a known or
reasonably probable market for the intended use of the solid waste under review
and of all proposed products by providing one or more of the following:
(1) A description of how the proposed product
will be used;
(2) A demonstration
that the proposed product complies with industry standards and specifications
for that product if any; or
(3)
Other documentation that a market for the proposed product or use exists;
and
d. A demonstration
that the management of the solid waste under review will not adversely affect
human health and safety, the environment, and natural resources by providing:
(1) A solid waste control plan that describes
the following:
(a) The source of the solid
waste under review;
(b) Procedures
for periodic testing of the solid waste under review and the proposed product
to ensure that the proposed product's composition has not changed
significantly;
(c) The disposition
of any solid waste that may result from the manufacture of the product into
which the solid waste under review is intended to be incorporated;
(d) A description of the type of storage
(e.g., container, tank, or pile) and the maximum anticipated inventory of the
solid waste under review (not to exceed 90 days) before being used;
(e) Procedures for run-on and run-off control
of the storage areas for the solid waste under review; and
(f) A program and implementation schedule of
best management practices designed to minimize uncontrolled dispersion of the
solid waste under review before and during all aspects of its storage as
inventory and during beneficial use.
2. Upon receipt of complete information
required under subdivision 1 of this subsection, the department will determine
in writing within 90 days, on a case-by-case basis, whether the proposal
constitutes a beneficial use based on a showing that all of the following
criteria have been met:
a. The proposed use of
the material constitutes a reuse rather than disposal;
b. For a material that is proposed for
incorporation into a manufacturing process, the material is not required to be
decontaminated or otherwise specially handled or processed before such
incorporation, in order to minimize loss of material or to provide adequate
protection, as needed, of public health, safety, or welfare; the environment;
or natural resources; and
c. Other
criteria as the department shall determine in its discretion to be appropriate.
Conversely, the department may determine that owing to the nature of the use,
reuse, or reclamation process, some of the informational materials required
under subdivision 1 of this subsection may not be required to make the
determination.
3. The
department will either approve the request, disapprove it, or allow the
proposed use of the solid waste under review subject to such conditions as the
department may impose. When granting a beneficial use determination, the
department shall determine, on a case-by-case basis, the precise point at which
the solid waste under review ceases to be solid waste. Unless otherwise
determined for the particular solid waste under review, that point occurs when
it is used in a manufacturing process to make a product or used as an effective
substitute for a commercial product or a fuel. As part of its request, the
generator or the proposed user may request that such point occur elsewhere. In
such a request, the proponent shall include a demonstration that there is
little potential for improper disposal of the material or little potential for
the handling, transportation, or storage of the solid waste under review to
have an adverse impact upon the public health, safety, or welfare; the
environment; or natural resources.
4. The department may revoke any
determination made if it finds that one or more of the items of information
submitted serving as the basis for the department's determination was incorrect
or is no longer valid, the department finds that there has been a violation of
any condition that the department attached to such determination, or that the
use, reuse, or reclamation process has become a public nuisance.
B. Beneficial use determinations
granted by the department before March 16, 2011, shall remain in effect,
subject to all conditions contained therein, unless specifically addressed by
subsequent department action.
C.
Beneficial use determinations involving coal combustion residuals must meet the
requirements of beneficial use of CCR as defined in
40 CFR
257.53. Beneficial use determinations for CCR
projects involving over 12,400 tons of CCR must provide the required
demonstrations identified in the definition of "beneficial use of CCR" to the
department for review and approval.
Statutory Authority: § 10.1-1402 of the Code of
Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and
258.
