1. Jeff Hutton Permit Section, Division Of Water Pollution Control
Changes in State Regulations and Future Issues In Land Application of Sludge
Jeff Hutton
Permit Section,
Division Of Water Pollution Control

2. Contact People Jeff Hutton/IEPA 217-782-0610
State Land Application Permits
John Colletti/USEPA
Federal Land Application Permits

3. Why Do We Land Apply Sludge
The Agency’s position is that material which can be recycled should be recycled in order to save landfill capacity for non-recyclable items.
Illinois Generates approximately 380,000 dry tons of sludge per year
380,000 dry tons is approximately 845,000 cubic yards

4. Who is Generating & Land Applying Sludge
449 Facilities in Illinois generate sludge on an annual basis
332 Facilities have permits to land apply sludge in Illinois.
Facility size ranges from small towns to the Water Reclamation District of Chicago
10 Private Companies have permits to land apply sludge

5. Immediate Changes to State Sludge Regulations
Changes in Winter Application Procedures
Changes due to regulation of Technologically enhanced naturally occurring radioactive material (TENORM).
Radium Requirements

6. Changes in Winter Application Requirements
Off-site storage will be reduced to 30 days by act of the State Legislature
Off-site storage after November 15 must be on sites approved for winter application
If stockpiled material is on unapproved fields after November 15 it must be returned to the generating facility or moved to an approved site..

7. Radium Issues
Land application of sludge containing radium is now regulated by the Illinois Emergency Management Agency.
The regulatory citation is 32 Ill. Adm. Code (d).
IEMA will notify effected facilities

8. Radium Issues Contact: Illinois Emergency Management Agency
Attn: Treatment Residuals Exemption
1035 Outer Park Drive
Springfield, Illinois 62704
Gary Forsee

9. Proposed Changes to State Regulations

10. Existing State Regulations
Land application of sludge is governed by 35 Ill. Adm. Code Part 391, Design Criteria For Sludge Application on Land.
Became effective January 1, 1984
Based on a very conservative approach with regard to public safety.
Explain that regs were issued 23 years ago and are being revised to reflect new information.

11. Proposed Changes To State Regulations-Soils
Required Soil pH is reduced to 6.0
Site restriction will be based on permeability rates. No application at rates in excess of 20 in/hr. ½ application rate at >6 in/hr but <20 in/hr.
Site restriction based on depth to bedrock. Bedrock at 18 inches or less no application. Bedrock at 18 to 36 inches depth application at ½ rate.

12. Proposed Changes To State Regulations-Setbacks
Setback from surface waters will be reduced to 100 feet.
Setback of 200 feet from operating sand and gravel pits
Setback of 200 feet from homes in all cases
Setback of 200 feet from potable wells will remain in regulations

13. Proposed Changes To State Regulations
Application will be allowed in floodplains if protected from flooding but not closer than 30 feet from the waterbody
Sludge monitoring and reporting will be based on sludge production as required by 40 CFR Part 503
Parameters to be monitored will match 40 CFR Part 503
40 CFR Part 503 Ceiling Limits will be adopted

14. Changes In Metal Loading (lbs/acre)
Metal Existing Proposed Arsenic Cadmium Copper Lead Mercury 7 15 Nickel Manganese 900 Not Included Selenium 8 89 Zinc

15. Proposed Changes To State Regulations-Dedicated Sites
Surface Disposal under 40 CFR Part 503 will be incorporated into the State Regulations.
Land Reclamation projects applying at greater than agronomic rates will be treated as surface disposal units.
Regulations will retain surface water monitoring, groundwater monitoring and runoff controls.

16. Future Issues Phosphorous vs. Nitrogen Application Rates Urban Sprawl
Updating of State Regulations
Public Demand for Exceptional Quality Sludge Treatment
State Delegation of Part 503 regulations
Misinformation on the Internet

17. Phosphorous Concerns
Confined Animal Feeding Operations (CAFOs) are limited to applying manure at the Phosphorous rate.
Municipal Sludge is usually applied at nitrogen rates.
Some groups have asked why manure is applied at P rates and sludge is applied at N rates.
Existing State regulations allow the application of up to 800 pounds of plant available P per acre (400 pounds on sandy soils) based on the Bray 1 soil test.

18. Application of sludge based on nitrogen vs phosphorous rates:
Assume:
50,000 mg/kg Total Kjeldahl nitrogen
5000 mg/kg Ammonia
20,000 mg/kg Phosphorous
1,000 tons of sludge generated (4 MGD plant)

19. Application of sludge based on nitrogen vs. phosphorous rates:
Corn for grain at 150 bushels/acre
20% of organic nitrogen available
80% of ammonia nitrogen available
1.3 pound plant available nitrogen/bushel
0.55 pound plant available phosphorous/bushel

20. Application of sludge based on nitrogen vs. phosphorous rates:
N application rate = 7.5 dt/acre Acreage required 133 acres P application rate = 3.75 dt/acre Acreage required = 267 acres

21. Application of sludge based on nitrogen vs. phosphorous rates:
Statewide this means: Present acreage applied: ~21,000 acres (based on N) Acreage at P Rate : ~41,500 acres The extra acreage required would have significant impact in NE Illinois

22. PHOSPHOROUS CONCERNS
What this means to the farmer: Excess phosphorous applied-no big deal Additional nitrogen needed-big deal

23. Kane County Land Use Plan
Gray is Urban Corridor Yellow is Critical Growth Brown is Towns/Villages Green is Agricultural

24. Updating State Regulations
Revised regulations will be open to public comment
Various interest groups will be attempting to insert their agendas into the revised sludge regulations
Regulated community needs to be involved in the rulemaking process.

25. Public Demand For Exceptional Quality Sludge
Most land applied sludge in Illinois is Class B sludge with regard to pathogen reduction.
Anti-land application groups in California and Virginia have demanded Class A sludge as a requirement for land application.
Class B is safe but this may not make any difference if decisions on sludge application on land become political.

26. Delegation of Part 503 to the State of Illinois
Presently there are 2 sludge permitting systems in Illinois
State Permits under 35 Ill. Adm. Code Part 391
Federal Permits under 40 CFR Part 503
Delegation means Illinois EPA would assume responsibility for administering the Federal sludge program.

27. Delegation of Part 503 to the State of Illinois
The revised State regulations will be more closely aligned with 40 CFR Part 503
Illinois has the equivalent of 2 full time employees administering the sludge program. No one is assigned solely to the sludge program.
Illinois does not have the resources to accept delegation at this time and in the foreseeable future.

28. Misinformation on the Internet
If claims are made regarding the land application of sludge contact myself or refer concerned individuals to:
Jeff Hutton/ Illinois EPA

29. General Public Concerns
Odor Issues
Drinking water protection
Disease
Stream contamination
Winter application

30. Contact People Jeff Hutton/IEPA 217-782-0610
State Land Application Permits
John Colletti/USEPA
Federal Land Application Permits