Transcript Project Overview

Biosolids
Regulatory Compliance
2004 Joint RMSAWWA/RMWEA
Annual Conference
September 12-15, 2004
Wesley Carr, Environmental Protection Specialist
CDPHE/WQCD
Biosolids Regulation
Why do we
Need
Biosolids
Regulation?
Biosolids Regulation is
Necessary to:
Protect Public Health
Biosolids Regulation is
Necessary to:
Protect Our Natural Resources
Biosolids Regulation Also Provides
an Avenue for Beneficial Use…
Biosolids in Colorado
are Regulated by…
EPA Region 8* 40 CFR Part 503
“The 503s…”
*Presently, EPA Region 8 has the ultimate “Authority” over
the program and they have implemented a mechanism to
regulate facilities – the General Permit
503s are available at:
www.epa.gov/region08/water/wastewater/biohome/biohome.html
Biosolids in Colorado
are Also Regulated by…
Colorado Department of
Public Health and
Environment (CDPHE)*Biosolids Regulation No. 64
*CDPHE regulates individual application sites via NOAs
(permits) which are tied to facilities/contractors
Regulation 64 is available at:
www.cdphe.state.co.us/op/regs/waterqualityregs.asp
Biosolids in Colorado
may be Regulated by…
Select
Counties
Health Departments
& Local Authorities
Contact the local authority
EPA Region 8 Biosolids Program
Regulations and Administration
EPA Region 8
General Permit - Facilities
Region 8 issued a General Permit effective
August 16, 2002 for Colorado facilities
whose operations generate, treat, and/or
use/dispose of sewage sludge by means
of land application, landfill, and surface
disposal under the National Pollutant
Discharge Elimination System (NPDES)
Any of these activities require coverage
under the EPA Region 8 General Permit
Basis for the General Permit
Section 405 of the Clean Water Act
 40 CFR Part 503

Section 503.7 - Requirement For a Person Who Prepares Sewage
Sludge
Any person who prepares sewage sludge shall ensure that
the applicable requirements in this part are met when the
sewage sludge is applied to the land, placed on a surface
disposal site, or fired in a sewage sludge incinerator.
EPA Region 8
General Permit Categories
Category 1 – Generate but do not use or dispose
Category 2 – Use or dispose with or without treatment
Category 3 – Lagoon cleanouts
Notice of Intent (NOI) for Coverage
Under the General Permit
NOI Requirements
- General Facility Information
- Biosolids Treatment Provided
- Contractor Information
- Biosolids Quality (Pathogens,
Metals, VAR)
- Land Application Site Info
NOI Requirements at
the Facility

Processing Sewage Sludge to
Produce Biosolids Requires
Treatment Separate From the
Wastewater Treatment Process
Examples:
Aerobic Digestion
Anaerobic Digestion
Composting
NOI Requirements at
The Facility – Beneficial Use
Must meet Table I Metals
 Pathogen Destruction Criteria
 Vector Attraction Reduction Criteria

NOI Requirements at
the Site – Beneficial Use
Similar to the State’s process
 Site name/owner
 Location
 Soils data
 Waters

NOI Requirements at
the Site – Beneficial Use

Management Practices
- No harm to Endangered Species
- No harm to Historic Sites
- Groundwater protection
- Frozen/snow covered sites
- Wet weather
- Storage requirements
NOI Requirements at
the Site – Beneficial Use

Agronomic rates
- Each cropping cycle
- Soil analysis
- Cropping history
NOI Requirements at
the Site – Deep Soil Monitoring
< 18” per Year Mean
Annual Precip
> 18” per Year Mean
Annual Precip
1/5 year application
No Irrigation
No Deep Soil
Sampling
No Deep Soil
Sampling
>1/5 year application
No Irrigation
No Deep Soil
Sampling
Deep Soil Sampling
Required
1/5 year application
Irrigation
No Deep Soil
Sampling
No Deep Soil
Sampling
>1/5 year application
Irrigation
Deep Soil Sampling
Required
Deep Soil Sampling
Required
NOI Requirements at
the Site – Deep Soil Monitoring



Deep Soil means 5 feet (principal root
zone)
6 Locations per Field or 320 acres
Sample every foot at each location down
to five feet
- composite
- analyze
NOI Requirements at
the Site – Deep Soil Monitoring
Combine the six 1’ samples in one pail, the
2’s in another, the 3’s in another, etc.
6
6
6
6
1’
2’
3’
4’
6
5’
Other NOI Requirements at
the Site – Similar to State’s
Phosphorous Control
 Site Restrictions
 Monitoring
 Record Keeping
 Reporting
 BDMS

State of Colorado Biosolids Program
Regulations and Administration
The State’s Role in Biosolids
Regulation is to:
…establish requirements, prohibitions,
standards and concentration
limitations on the use of biosolids as
a fertilizer and/or organic soil
amendment in a manner so as to
protect the public health and prevent
the discharge of pollutants into state
waters.
Beneficial Use Requires a
Letter of Intent (LOI)



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Facility Information
Biosolids Analysis Information
- Pathogen Reduction
- VAR
- Metals
- Other Physical Characteristics
Site Info, Maps Soils Analyses
Surface and Ground Water Information
Crop/Agronomic Info
Biosolids Management Plan
Receive Letter of Intent (LOI)
Notice is sent to the County Health
Department and Commissioners
upon receipt by the Division
 Health Department or
Commissioners may object to the
use of biosolids on a particular site

Regulation Section
64.10(A)
Division Review
Completeness letter sent out to
applicant within 30 days of receipt
 The clock stops if LOI is incomplete
and restarts after the Division
receives the missing information

Regulation Section
64.10(B)
Notice of Authorization NOA
NOA is either issued or denied within
30 days of being determined
complete
 The applicant is notified in writing if
denied and the reasons for denial
 Allow for a 30 – 60 day turn-around

Regulation Section
64.10(C)
Appeal of Issuance or Denial
The applicant or other persons
affected by the issuance or denial
may request a hearing within 30 days
of issuance or denial
 Only issues of law or fact may be
raised at hearing

Regulation Section
64.10(D)
Minimum Terms and Conditions
of the NOA

Issuance date
 Terms for modifications, revocation or termination
 Biosolids, soils and other monitoring requirements
 Grazing and cropping restrictions
 Reporting, record keeping and labeling requirements
 Public access restrictions
 A statement of applicable penalties
Regulation Section
64.10(E)
NOA Duration
NOAs do not expire unless terms and
conditions have been incorporated
 Exception – no NOA may allow
application of biosolids in
exceedences of the cumulative
pollutant loading limits

Regulation Section
64.10(F)
Classification and Use of Biosolids

Metals Based Classification
Table III, Table I

Pathogen Destruction Criteria
Class A, Class B

Vector Attraction Reduction Methods (VAR)
Regulation Section
64.12
METALS BASED CLASSIFICATION
Maximum Concentration mg/kg dry
64.12(A)
Table III
Table I
Arsenic
41
75
Cadmium
39
85
Copper
1500
4300
Lead
300
840
Mercury
17
57
Molybdenum
75
Nickel
420
420
Selenium
100
100
Zinc
2800
7500
Pathogen Destruction Criteria
Class A Biosolids*
Class B Biosolids*
*with respect to pathogens
Regulation Section
64.12(B)
Class “A” With Respect to
Pathogens


Fecal < 1000 MPN/g or Salmonella s.p. < 3 MPN/4g
(based on seven samples per event) AND
Use one of 5 approved methods to Further
Reduce Pathogens:
–
–
–
–
–
Time/temp depending on solids content
pH/time then dry to at least 50% solids
Testing for enteric viruses/viable helminth ova
Testing
PFRP: composting, heat drying, heat treatment, TAD,
beta ray irradiation, gamma ray irradiation,
pasteurization, other as approved by EPA Region 8
Class “B” With Respect to
Pathogens


7 samples - Geometric Mean <2,000,000 MPN/g or
CFU* (based on seven samples per event) OR
Use 1 of 5 Approved PSRP methods:
– Aerobic Digestion: 40 days @ 20 °C no less than 60 days
@15 °C
– Air Drying: 3 months with two months above 0 °C
– Anaerobic Digestion: 15 days @ 35-55 °C no less than
60 days at 20 °C
– Composting: Minimum 40 °C for 5 days with min 4
hours at 55 °C
– Lime Stabilization: Add lime to raise pH to 12 after two
hours of contact
– Other as approved by EPA Region 8
Vector Attraction Reduction
(VAR)
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(3) 38% VSR
(4) Anaerobic - bench scale test (40 days)
(5) Aerobic - bench scale test (30 days)
(6) Aerobic - SOUR =< 1.5mg O2/hr @ 20 °C
(7) Aerobic - 14+ days @ >40 °C (avg >45 °C)
(8) pH ^ 12+ for 2 hr then 11.5+ for 22hr
(9) Dry to 75% when stabilized solids used (digested)
(10) Dry to 90% when unstabilized solids used (undigested)
(11) Sub. injection (no significant after 1hr)
(12) Surface application w/incorporation (w/in 6hrs)
Regulation Section
64.12(C)
Storage of Biosolids


NOA Required for > 14 days
– Must meet Class B and VAR
– Other requirements based on % solids
– Maximum of 2 years
Exemptions
– CDPS permitted facilities
– Designated solid waste disposal sites
– Components of an ISDS
– Offloading facilities (truck to spreader) & Tanks
Regulation Section
64.13
Distribution and Marketing

Class A Unrestricted Use (lawn)

Class A Restricted Use (containerized)

Class B Restricted Use – (agricultural)
Regulation Section
64.14
Class “A” Unrestricted Use
Must meet Table III Metals
 Must meet Class A Pathogen Criteria
 Must meet one of the VAR 3 thru 10

Class “A” Restricted Use*
Meet Table I Metals
 Must meet Class A Pathogen Criteria
 Must meet one of the VAR 3 thru 10
 Subject to Annual Pollutant Loading
Limits (APLR)

*nobody practices this
Annual Pollutant Loading Limits
kg/ha (lbs/Ac)
Arsenic
Cadmium
Copper
Lead
Mercury
Nickel
Selenium
Zinc
2 (1.79)
1.9 (1.7)
75 (66.94)
15 (13.39)
.85 (.76)
21 (18.74)
5 (4.46)
140 (124.96)
Land Application

Must meet Table I Metals
 Must meet either Class A or Class B and one of
VAR 3 thru 13
 Table I subject to Cumulative Pollutant Loading
Limits
 No land application if metals exceed Table I limits
Regulation Section
64.15
Cumulative Pollutant Loading
Limits
kg/ha (lbs/Ac)
Arsenic
Cadmium
Copper
Lead
Mercury
Nickel
Selenium
Zinc
41 (37)
39 (35)
1500 (1339)
300 (268)
17 (15)
420 (375)
100 (89)
2800 (2499)
Facility Notification Requirements

Provide N concentration to applier
 Other info as needed to comply
 Written notice to permitting authority prior
to land application:
– site location
– application period
– facility name, address, phone, permit #
– applier name, address, phone, permit #
Application Near State Waters

No biosolids application:
– up gradient and within 1 linear mile of a public water system
diversion
– up gradient and within 300’ of a Class 1 Recreational Use Reservoir
– no surface application within 200’ of any surface water
– within 50’ of any surface water if injected
– within 33’ of any dry streambed
– where soil is saturated or ponding is occurring
– agricultural rate: within 100’ of a private well or 300’ of a community
well
– reclamation rate: within 300’ of a private well or 1500’ of a
community well
Groundwater

No biosolids application when annual high
groundwater table is within 5’ of the surface
 Water table is determined using:
– direct observation
– Soil Survey maps and/or
– well completion maps with other supporting
documentation such as lack of seasonal
ponding or vegetation and topography suggest
adequate depth to GW
Application on Slopes: Agricultural
% Slope
0-5%
< 6% Solids
No Limitations
6% or Greater
No Limitations
>5 to 9%
Incorporate within
24hrs or inject or
approved SOP
No Limitations
>9 to 15%
Inject or approved SOP Surface application if
established vegetation
or 60% crop residue or
approved SOP
>15%
Application prohibited
Application prohibited
Application on Slopes: Reclamation
% Slope
< 6% Solids
6% or Greater
0-5%
No Limitations
No Limitations
>5 to 9%
Immediate
incorporation or inject
or approved SOP
No Limitations
>9 to 15%
Subsurface Injection or Incorporation within
approved SOP
24hrs or approved SOP
>15%
Application prohibited
Frozen or Snow Covered
Ground

No application where slope exceeds 6%
 Slope < 3%, no management practice
 If slope is 3 to 6 % then:
– 80% vegetative cover, or
– Obtain approval based on a SOP
describing runoff containment
Soils

No application to food crops where
soil pH is < 6.0 SU
 Minimum suitable soil depth required:
– Irrigated land 36”
– Dryland/Rangeland 18”
– Land Reclamation 12”
Nutrient Management

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Agricultural – apply N at agronomic rate
Reclamation – may apply up to 5X agronomic
rate
No application where available P >
– 100 ppm sodium bicarb
– 50 ppm AB-DTPA
– 170 ppm Bray P1* use Bray when pH < 6.5
– State may allow application based on
NRCS Code 590
Class B Crop Harvesting
Restrictions

Food crops with harvested parts that touch
biosolids or grow above surface – 14 months
 Food crops with harvested parts below surface
and biosolids remain on surface for 4 months
prior to incorporation – 20 months
 Food crops with harvested parts below surface
and biosolids remain on surface for less than 4
months prior to incorporation – 38 months
 Food, feed and non-food crops – 30 days
Class B Site Restrictions
No domestic livestock grazing for 30
days after application
 Turf may not be harvested for 1 yr
 High public exposure sites - limit access
for 1 yr
 Low public exposure sites – limit access
for 30 days

Monitoring & Analysis
Biosolids
Biosolids Frequency of Sampling & Analysis
Annual Production
DST/YR
Less than 319
319 to 1,649
1,650 to 16,499
16,500 +
Lagoons
Frequency
Once per year collected
during 4th QTR
Once per quarter
Once per two months
Monthly
Prior to removal
Monitoring & Analysis
Soils
Soils Frequency of Sampling & Analysis
Soil Fertility Analysis nitrogen, phosphorus, pH
conductivity, organic
matter
Soil Metals – As, Cd, Cu,
Pb, Hg, Mo, Ni, Se,
Sample prior to application
and once per cropping
cycle thereafter
Prior to application and
once every 5 years
thereafter
Collect 16 soil cores per 320 Acres and combine to form
a 1lb sample. Use AB-DTPA extraction to determine
extractable metals. (EPA Requires TRM)
Record Keeping

Preparers & Appliers must develop
and maintain the following information
for 5 years:
– Documentation demonstrating
compliance with Pathogen
Destruction, VAR and Metals
Criteria
– Certification Statements
– Results of Biosolids and Soils
Analysis
Annual Report

Preparers and Appliers must submit an Annual
Self-Monitoring Report (BDMS FORMAT)
containing the following:
– Documentation demonstrating compliance
with Pathogen Destruction, VAR and Metals
Criteria
– Certification Statements
– Results of Biosolids and Soils Analysis
– Total amount (DMT) and disposition of
biosolids produced in previous 12 months
Annual Reports Due
On or Before
Notification
of Noncompliance

Verbal notification to Division within 24 hrs
AND written notification within 5 days if
noncompliance may endanger public health or
environment
 Written notification of other instances of
noncompliance shall be submitted to the
Division within 30 days
Local Biosolids Regulation
Health Departments Keeping Their
Eye on Biosolids
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Tri-County Health (Adams, Arapahoe, Douglas)
San Juan Basin Health (Archuletta, La Plata, San Juan)
Southeast Land and Environment (Prowers, Baca, Bent and
Kiowa*)
Elbert
Weld
El Paso
County Planning Departments
Indirectly Involved
Routt
Adams
Douglas
Pueblo
Counties That Do Not Allow
Land Application of Biosolids
Kiowa
Lincoln
Washington
Cheyenne
USEFUL LINKS
Biosolids Regulation No. 64
www.cdphe.state.co.us/op/regs/waterqualityregs.asp
Biosolids Letter of Intent Forms
www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html
Colorado State University Cooperative Extension (Biosolids,
Nutrient Mgmt, Crop Fact Sheets)
www.ext.colostate.edu/PUBS/crops/00547.html
EPA Region 8
(FREE BDMS DOWNLOAD! Loads of Useful Resources!)
www.epa.gov/region08/water/wastewater/biohome/biohome.html
Biosolids Program Contacts:
Wesley Carr, Environmental Protection Specialist
Biosolids Management Program
WQCD-P-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
303-692-3613
[email protected]
Robert Brobst, P.E., Biosolids Program Coordinator
EPA Region 8 (8P-W-P)
999 18th Street, Suite 500
Denver, CO 80202
303-312-6129
[email protected]