The Agency has determined, based on interested party input and developing science, that we will not seek additional permits for beneficial use land placement of DWTM until these DWTM general permits are issued later this year. This recognizes the long established practice of DWTM land placement, the need for flexibility moving to a more efficient permitting system, the science developing for microcystins fate and transport in the environment, and the current fall application season. As always, DWTM land appliers need to prevent any impacts to waters of the state from their activities and when available apply for an OAC Chapter 3745-599 general or individual permit.
We recently committed to sharing literature we’ve encountered researching microcystins. Please see research references posted under the Resources tab below. This is only a sample of the papers published and available and is not meant to represent either a thorough treatment of the subject nor an Agency preference for any one author or group of authors. We welcome other sources interested parties feel should be considered.
We also continue working on rules related to Lake Erie dredged materials under recently passed Senate Bill 2 legislation (SB2). In part, SB2 authorizes Ohio EPA to draft new rules, including authorization-by-rule where possible for material meeting certain constituent thresholds (under development), and beneficial use permits for land applying materials dredged from Lake Erie navigation channels.
The DMWM Beneficial Use Group is also working on permit applications recently received and on further beneficial use program development and efficiencies.
Your input is always welcome and appreciated.
Ohio EPA’s Beneficial Use Program rules are contained in Ohio Administrative Code Chapter 3745-599, which became effective on March 31, 2017. The following materials are included in the rules:
- Foundry Sands;
- Drinking Water Treatment Residuals;
- Waste Materials burned for energy recovery;
- Sewage Sludge (Biosolids) Incinerator Ash; and
- Dredged material from federal navigational channels in Lake Erie
Under the beneficial use rules, these “beneficial use byproducts” (BUBs) may be used in applications increasing in complexity from authorized by rule, burning for energy recovery, and general or individual permits.
When used in accordance with specified conditions, BUBs may be used as an ingredient in certain construction materials such as cement or asphalt concrete, with no input or authorization required by Ohio EPA BUBs may also be used as a fuel or ingredient in a combustion unit, again with no further authorization required from DMWM (Other authorizations for air and water emissions may apply to these activities).
General Permits for beneficially using certain foundry sands in soil mixes and bioretention practices, and as fill material, are final and available for use. Please see a Notice of Intent (NOI) form you can use to seek coverage under the general permits, along with guidance on how to navigate and utilize the beneficial use general permitting process. In the near future we will be posting a final Sewage Sludge Incinerator Ash General Permit and continue working on general permit(s) to use materials dredged from federal navigation channels and areas contiguous.
If you wish to use a BUB in an application other than those provided for in the General Permit, you may apply for an individual permit. Simply complete the application and submit with the required fee as directed for agency consideration.
Lastly, for materials not included in OAC Chapter 3745-599, such as paper sludge or non-hazardous waste baghouse dust, we continue to offer beneficial use land application permits known as Integrated Alternative Waste Management Plans (IAWMPS) and Land Application Management Plans (LAMPs). Please contact the DMWM Beneficial Use Unit to determine which applies best to your proposed project.
We will continue collaborating with all interested parties considering materials we might add to OAC Chapter 3745-599, as well as additional beneficial uses and ways to improve the new rules. Your input is always welcome.