7 Del. Admin. Code § 1301-11.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1301-11.0 - Special Wastes Management Part 2 - Municipal Solid Waste Ash

11.1 General Provisions

11.1.1 Municipal solid waste (MSW) ash is considered a hazardous waste, as defined in the Delaware Regulations Governing Hazardous Waste (DRGHW), unless the generator of the ash can demonstrate that the ash is not a hazardous waste. In order to make such a demonstration, the owner or operator of the generating facility must show that the ash does not exhibit the Toxicity Characteristic (TC) as described in DRGHW, § 261.24. Any person desiring to make such a demonstration shall develop and implement a sampling and analysis plan designed to provide reliable information on the chemical properties of the ash. The plan shall be submitted to the Solid and Hazardous Waste Management Section as a part of the facility's application for a Solid Waste Facility permit. The facility will not be permitted to operate until the Department has approved the plan.

11.1.2 The sampling and analysis plan shall include the following:

11.1.2.1 A detailed description of the sampling protocol (how and where samples will be collected, how many samples will be collected, how samples will be composited, how samples will be handled and stored, etc.)

11.1.2.2 A description of the analyses that will be performed on the samples.

11.1.2.3 A description of the procedures that will be used to ensure the quality of the sampling and analysis data.

11.1.3 The owner or operator of a facility in Delaware desiring to process MSW ash generated in another state must first receive written approval from the Department to accept MSW ash from that generator. To receive such an approval a person must:

11.1.3.1 Demonstrate, to the Department's satisfaction, that the ash does not exceed the levels specified in the TC; and

11.1.3.2 Develop, and receive Department approval of, a plan for sampling and analysis of the incoming MSW ash.

11.2 Sampling

11.2.1 This subsection describes the minimum amount of sampling that the Department deems appropriate for MSW ash generated by facilities that meet the following two assumptions:

11.2.1.1 The waste feed prior to incineration is not segregated by type of generator, and

11.2.1.2 The ash generated is not separated by size during storage or disposal. If either of these two assumptions is not valid, then a facility-specific sampling and analysis program shall be designed by knowledgeable personnel and shall be implemented after receiving Department approval.

11.2.2 The sampling strategy shall be sufficient to enable the facility owner or operator to assess the properties of the ash and to ascertain its variability over time.

11.2.3 The sampling strategy shall provide for reassessment of the ash at least quarterly, in accordance with a Department-approved schedule. In determining how often to recharacterize the ash, the generator shall consider all facility-specific and external factors that could cause the ash properties to vary. These factors include:

11.2.3.1 Changes in the composition of the waste (e.g., new types of industries moving into the area, institution of recycling programs in the collection area, seasonal changes affecting population or waste composition).

11.2.3.2 Changes in plant design (e.g., addition of dry scrubber, addition of quench tank).

11.2.3.3 Significant changes in plant operating conditions (e.g., increase in combustion time or temperature, change in lime utilization rate).

11.2.4 The sampling strategy shall include the following steps:

11.2.4.1 Determine the most convenient location for sampling. In situations where the sampling can be conducted either from transport vehicles or from the waste conveyance device, the Department recommends sampling from the transport vehicle (i.e. dump truck, barge).

11.2.4.2 Construct a sampling device (trough, bucket, shovel, thief, etc.) to be used to gather a grab sample of the entire depth of the hopper, pile, or truck load, or the entire width of the belt conveyor, drag chain flight, or vibrating conveyor. ASTM standards for sampling unconsolidated waste materials from trucks may be used for guidance if the ash is to be sampled from trucks.

11.2.4.3 If a conveyor is to be the sample location, collect the entire width of the conveyor at a fixed point each hour for eight (8) hours. If trucks are to be sampled, randomly select eight trucks to sample during the eight-hour period. In certain situations, where fewer than eight truckloads are generated, a different schedule may be necessary (e.g., less than one truck per hour). Composite all samples for the period into an eight-hour composite. Containerize, label, and set aside for further processing.

11.2.4.4 Collect a second eight-hour composite during the course of the work day. The second composite should be collected during a different shift from the first composite.

11.2.4.5 For an initial waste characterization, collect samples each day for a minimum of one week's operation (i.e., fourteen composite samples).

11.3 Analysis

11.3.1 Each composite sample shall be tested, using Method 1311 [Toxicity Characteristic Leaching Procedure (TCLP)], and the results analyzed, to determine whether the ash passes or fails the TC as defined in the DRGHW, § 261.24.

11.3.2 All testing shall be performed following the specific procedures described in "Test Methods for Evaluating Solid Waste" (SW-846).

11.3.3 The testing shall be performed by an independent laboratory.

11.3.4 In lieu of TCLP, testing for total concentration of constituents (i.e., the contaminants listed in DRGHW, § 261.24, Table 1) may be performed. If no constituent is present at a concentration exceeding the TC regulatory limit, the waste may be considered non-hazardous. However, if the concentration of any constituent exceeds the TC regulatory limit, TCLP must be performed to determine whether the waste is hazardous.

11.3.5 If it has been demonstrated that none of the organic constituents listed in DRGHW, § 261.24, Table 1, is present in the ash at a detectable level, the ash need not be routinely tested for the organics.

11.4 Quality Assurance And Quality Control

The sampling and analysis plan shall include:

11.4.1 A detailed description of the steps that will be taken to ensure quality control, and

11.4.2 A provision for appointing a knowledgeable person to oversee the sampling and analysis program to ensure that all procedures are followed.

11.5 Data Evaluation

The following approach shall be used in evaluating the data to determine whether the ash passes or fails the TC (see SW-846, Chapter Nine, Tables 9-1 and 9-2 for statistical formulas to use in making the calculations):

11.5.1 Determine the mean TC concentration (x) of the fourteen eight-hour composite samples for each regulated analyte (equation 2a of Table 9-1).

11.5.2 Determine the standard deviation(s) of the data employed to calculate the mean (i.e., the individual composite results) (equation 3a and 4 of Table 9-1).

11.5.3 Determine the upper bound of the 90 percent (one-sided) confidence interval for the mean for each analyte (equation 6 of Table 9-1).

If the upper bound of the interval is below the applicable regulatory threshold for all analytes listed in DRGHW, § 261.24, then the waste passes the TC. If the upper bound of the interval is above the applicable regulatory threshold for any analyte listed in DRGHW, § 261.24, then the waste fails the TC.

7 Del. Admin. Code § 1301-11.0

11 DE Reg. 807 (12/01/07)
17 DE Reg. 545 (11/1/2013)
19 DE Reg. 422 (11/1/2015)
21 DE Reg. 893 (5/1/2018) (Final)