Rule 11-4-9.3 - Beneficial Use CategoriesA. Category I uses are uses that have a Standing Use Determination that has been approved by the Department. Category I uses must fulfill the following conditions: (1) Category I uses must be consistent with one of the following Standing Use Determinations approved by the Department: (a) Uses of uncontaminated and untreated wood, wood chips, bark, or sawdust where such materials are used as mulch, landscaping, animal bedding, wood fuel production, bulking agents or additives at a permitted composting facility, or other directly comparable uses.(b) Rubbish that is legitimately used, reused, recycled or reclaimed, except for rubbish wastes which is composted or which, due to its chemical or physical constituency, would result in an endangerment to the environment or the public health, safety, or welfare.(c) Uses consistent with and approved under the conditions of the Mississippi Waste Tire Management Regulations as they pertain to the beneficial use of waste tires or waste tire derived materials;(d) Contained uses in a regulated environmental system that the Department regulates through an existing permit, order, or regulation. Such uses may include stabilization or solidification of a solid waste for ultimate disposal in a municipal solid waste landfill, alternate cover uses in a municipal solid waste landfill or other type disposal facility, construction uses within a lined landfill cell and other similar uses as determined by the Department;(e) Uses in which a by-product is utilized as a contained and/or encapsulated additive in the manufacture of a product; or(f) Other uses which have been sufficiently demonstrated by the owner, distributor or supplier or user and subsequently approved by the Department for a Standing Use Determination.(2) The by-product must satisfy Rule 9.2(A) of these regulations regarding eligibility requirements.(3) For Category I uses, the generator/distributor shall be exempt from the requirements of Rules 9.2(B) and 9.4 of these regulations.B. Category II uses are uses in which the by-product is utilized in engineered construction or other civil engineering uses. Category II determined uses must fulfill the following conditions: (1) The by-product must satisfy Rule 9.2(A) of these regulations regarding eligibility requirements.(2) An applicant must comply with Rule 9.2(B) of these regulations for the Department's consideration of a proposed beneficial use.(3) By-Product Characterization - A by-product must be adequately characterized to ensure that the use of the material does not cause environmental or public health problems. At a minimum, the characterization must include a demonstration of the following:(a) The applicant must conduct an appropriate analysis of the by-product that identifies the primary chemical constituents and demonstrates the physical characteristics of the material and must submit that analytical data with the application for beneficial use.(b) The by-product should not contain constituents that exceed the Beneficial Use Characteristic Standard of Table A in Appendix 1 for the following metals: Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium and Silver. Where a constituent(s) in the by-product exceeds a Table A standard, the constituent(s) should be analyzed by the Toxicity Characteristic Leaching Procedure (TCLP) to confirm that the material does not exceed the leachability standards of Table B in Appendix 1. The Department may consider the use of an alternate leaching test, upon the written request and demonstration by the applicant that the alternate test provides a comparable and appropriate analysis for the use proposed.(c) The Department may establish additional constituent standards for a byproduct or may require that the applicant conduct an appropriate risk assessment of the by-product, depending upon the process generating the by-product. In such cases, the additional constituents must be analyzed and reported to the Department.(d) Where a by-product does not meet an established beneficial use standard as described in Rules 9.3(B)(3)(b) and (B)(3)(c), the applicant may propose an alternate demonstration to the Department of the suitability of the by-product, based on an appropriate contaminant risk assessment of the material.(4) The registrant of the by-product must have the certification of a professional engineer licensed in the State of Mississippi that the by-product has physical or chemical properties suitable for the proposed construction or civil engineering use. Where ASTM standards or other recognized standards exist relating to the proposed use, the by-product must comply with those standards.(5) Where appropriate, the Department may adopt written best management practices for more common construction or civil engineering uses of by-products in the state. Upon the development of such best management practices, the registrant must provide a written copy to the end user or users at the point of sale or distribution of the by-product.C. Category III determined uses are uses in which the by-product is utilized as a soil amendment, soil amendment additive, or direct application to the land. Category III determined uses must fulfill the following conditions: (1) The by-product must satisfy Rule 9.2(A) of these regulations regarding eligibility requirements.(2) An applicant must comply with Rule 9.2(B) of these regulations for the Department's consideration of a proposed beneficial use.(3) By-Product Characterization - A by-product must be adequately characterized to ensure that the proposed use of the material does not cause environmental or public health problems. At a minimum, the characterization must include a demonstration of the following:(a) The applicant must conduct an appropriate analysis of the by-product that identifies the primary chemical constituents and demonstrates the physical characteristics of the material and must submit that analytical data with the application for beneficial use.(b) The by-product should not contain constituents that exceed the Beneficial Use Characteristic Standard of Table A in Appendix 1 for the following metals: Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium and Silver. Where a constituent(s) in the by-product exceeds a Table A standard, the constituent(s) should be analyzed by the Toxicity Characteristic Leaching Procedure (TCLP) to confirm that the material does not exceed the leachability standards of Table B in Appendix 1. The Department may consider the use of an alternate leaching test, upon the written request and demonstration by the applicant that the alternate test provides a comparable and appropriate analysis for the use proposed.(c) The pollutant concentrations of a by-product proposed for Category III determined uses should not exceed the secondary soil amendment constituent standards in Appendix 2.(d) The Department may establish additional constituent standards for a byproduct or may require that the applicant conduct an appropriate risk assessment of the by-product, depending upon the process generating the by-product. In such cases, the additional constituents must be analyzed and reported to the Department.(e) Where a by-product does not meet an established beneficial use standard as described in Rules 9.3(C)(3)(b) and (c), the applicant may propose an alternate demonstration to the Department of the suitability of the byproduct, based on an appropriate contaminant risk assessment of the material.(4) A supplier or distributor must advise end users of the by-product in writing of the acceptable agronomic rate of application and agronomic practices for use of the by-product. Where appropriate, the Department may adopt written best management practices for more common soil amendment uses of by-products in the state. Upon the development of such best management practices, the registrant must provide a written copy to the end user or users at the point of sale or distribution of the by-product.(5) Prior to a Category III use of the by-product, the applicant must apply for and obtain proper certification from the Mississippi Department of Agriculture and Commerce (MDAC) for the use of the proposed material as a soil amendment, where applicable.D. Category IV determined uses are all other miscellaneous uses that do not fall into one of the preceding categories. Such uses must fulfill the following conditions: (1) The by-product must satisfy Rule 9.2(A) of these regulations regarding eligibility requirements.(2) An applicant must comply with Rule 9.2(B) of these regulations for the Department's consideration of a proposed beneficial use.(3) Based upon the conditions of the proposed use, the Department may require that the applicant comply with part or all of the conditions in Rules 9.3(B) or (C) of these regulations.Miss. Code Ann. §§ 17-17-1, et seq., 17-17-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq., 49-17-1, et seq. and 49-31-1, et seq.