Biosolids Regulatory Compliance 2004 Joint RMSAWWA/RMWEA Annual Conference September 12-15, 2004 Wesley Carr, Environmental Protection Specialist CDPHE/WQCD

Why do we Need Biosolids Regulation? Biosolids Regulation

Biosolids Regulation is Necessary to: Protect Public Health

Protect Our Natural Resources Biosolids Regulation is Necessary to:

Biosolids Regulation Also Provides an Avenue for Beneficial Use…

Biosolids in Colorado are Regulated by… EPA Region 8* - 40 CFR Part 503 “The 503s…” 503s are available at: *Presently, EPA Region 8 has the ultimate “Authority” over the program and they have implemented a mechanism to regulate facilities – the General Permit

Biosolids in Colorado are Also Regulated by… Colorado Department of Public Health and Environment (CDPHE)*- Biosolids Regulation No. 64 Regulation 64 is available at: *CDPHE regulates individual application sites via NOAs (permits) which are tied to facilities/contractors

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 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.

Category 1 – Generate but do not use or dispose Category 2 – Use or dispose with or without treatment Category 3 – Lagoon cleanouts EPA Region 8 General Permit Categories

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 >1/5 year application No Irrigation No Deep Soil Sampling Deep Soil Sampling Required 1/5 year application Irrigation No Deep Soil Sampling >1/5 year application Irrigation 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

1’ 6 2’ 6 3’ 6 4’ 66 5’ Combine the six 1’ samples in one pail, the 2’s in another, the 3’s in another, etc. NOI Requirements at the Site – Deep Soil Monitoring

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.

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 Beneficial Use Requires a 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) Receive Letter of Intent (LOI)

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) Division Review

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) Notice of Authorization NOA

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) Appeal of Issuance or Denial

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) Minimum Terms and Conditions of the NOA

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) NOA Duration

Regulation Section Classification and Use of Biosolids Metals Based Classification Table III, Table I Pathogen Destruction Criteria Class A, Class B Vector Attraction Reduction Methods (VAR)

METALS BASED CLASSIFICATION Maximum Concentration mg/kg dry 64.12(A) Table IIITable I Arsenic4175 Cadmium3985 Copper Lead Mercury1757 Molybdenum75 Nickel420 Selenium100 Zinc

Regulation Section 64.12(B) Pathogen Destruction Criteria Class A Biosolids* Class B Biosolids* *with respect to pathogens

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: °C no less than 60 °C –Air Drying: 3 months with two months above 0 °C –Anaerobic Digestion: °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) (3) 38% VSR (4) Anaerobic - bench scale test (40 days) (5) Aerobic - bench scale test (30 days) (6) Aerobic - SOUR =< 1.5mg 20 °C (7) Aerobic >40 °C (avg >45 °C) (8) pH ^ 12+ for 2 hr then 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

Regulation Section Distribution and Marketing Class A Unrestricted Use (lawn) Class A Restricted Use (containerized) Class B Restricted Use – (agricultural)

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) Arsenic2 (1.79) Cadmium1.9 (1.7) Copper75 (66.94) Lead15 (13.39) Mercury.85 (.76) Nickel21 (18.74) Selenium5 (4.46) Zinc140 (124.96)

Regulation Section 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

Cumulative Pollutant Loading Limits kg/ha (lbs/Ac) Arsenic41 (37) Cadmium39 (35) Copper1500 (1339) Lead300 (268) Mercury17 (15) Nickel420 (375) Selenium100 (89) Zinc2800 (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< 6% Solids6% or Greater 0-5%No Limitations >5 to 9%Incorporate within 24hrs or inject or approved SOP No Limitations >9 to 15%Inject or approved SOPSurface application if established vegetation or 60% crop residue or approved SOP >15%Application prohibited

Application on Slopes: Reclamation % Slope< 6% Solids6% or Greater 0-5%No Limitations >5 to 9%Immediate incorporation or inject or approved SOP No Limitations >9 to 15%Subsurface Injection or approved SOP Incorporation within 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 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 Frequency Less than 319Once per year collected during 4 th QTR 319 to 1,649Once per quarter 1,650 to 16,499Once per two months 16,500 +Monthly LagoonsPrior to removal

Monitoring & Analysis Soils Soils Frequency of Sampling & Analysis Soil Fertility Analysis - nitrogen, phosphorus, pH conductivity, organic matter Sample prior to application and once per cropping cycle thereafter Soil Metals – As, Cd, Cu, Pb, Hg, Mo, Ni, Se, 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 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 Douglas Adams Pueblo

Counties That Do Not Allow Land Application of Biosolids Kiowa Washington LincolnCheyenne

USEFUL LINKS Biosolids Regulation No Biosolids Letter of Intent Forms Colorado State University Cooperative Extension (Biosolids, Nutrient Mgmt, Crop Fact Sheets) EPA Region 8 (FREE BDMS DOWNLOAD! Loads of Useful Resources!)

Biosolids Program Contacts: Robert Brobst, P.E., Biosolids Program Coordinator EPA Region 8 (8P-W-P) th Street, Suite 500 Denver, CO Wesley Carr, Environmental Protection Specialist Biosolids Management Program WQCD-P-B Cherry Creek Drive South Denver, CO