Ohio Administrative Code|Rule 3745-599-10 | Beneficial use byproduct incorporated into certain construction materials or used as a fuel or as an ingredient in a combustion unit.

                                                

(A) The beneficial use of a beneficial use byproduct as an
ingredient in any of the construction materials listed in paragraph (B) of this
rule is an authorized beneficial use under this beneficial use program chapter
when the following are true:

(1) The construction materials are produced by a
facility meeting the appropriate activity code under the "North American
Industry Classification System" (NAICS) or "Standard Industrial
Classification" (SIC).

(2) The beneficial use byproduct is legitimately
managed in accordance with rule 3745-599-35 of the Administrative
Code.

(3) The beneficial use of the beneficial use
byproduct as an ingredient results in a construction material that meets
generally accepted industry specifications for the construction
material.

(B) Construction materials:

(1) Asphalt concrete.

(2) Cement concrete.

(3) Chip and seal pavement.

(4) Controlled low-strength
material.

(5) Grout.

(6) Glass.

(7) Masonry unit.

(C) The beneficial use of a beneficial use byproduct in
accordance with 40 C.F.R. Part 241, as described in rule 3745-599-03 of the
Administrative Code, as a fuel or as an ingredient in a combustion unit is an
authorized beneficial use under this beneficial use program chapter if the
beneficial use byproduct is legitimately managed in accordance with rule
3745-599-35 of the Administrative Code.

(D) Nothing in this rule limits the applicability of Chapter
3734., 6111., or 3704. of the Revised Code or rules adopted thereunder, or any
other applicable environmental laws and regulations.

[Comment: Management and storage of a beneficial
use byproduct prior to incorporation as an ingredient into construction
materials is subject to the legitimacy criteria in rule 3745-599-35 of the
Administrative Code.]

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