1. Texas Commission on Environmental Quality Environmental Trade Fair & Conference May 5-6, 2015 Kellie Crouch-Elliott Phone: (512) 239-2435 e-mail: Kellie.Crouch-Elliott@tceq.texas.gov

2. THE SLUDGE SHOW! TCEQ SLUDGE AUTHORIZATION PROCEDURES

3. Types of Authorizations Recent Rulemaking, Rule Changes Application Process Highlights Frequently Asked Questions

4. Sludge Program Rules Federal Rules: Established 1993 – Title 40 Code of Federal Regulations (CFR) Part 503 and Part 257 State Rule: Established 1995 – Title 30 Texas Administrative Code (TAC) Chapter 312. Updated in 2005 due to legislation and in 2014 due to rulemaking

5. Source of nutrients for plant growth Saves money from using chemical fertilizers Lowers cost of disposal for utilities Lowers amount of material disposed in landfills Processing to higher standards to develop a product for distribution and sale

6. Individual Permits Beneficial Land Application of Class B Sewage Sludge, or Beneficial Land Use (BLU) – State Only Operation of a Sludge Disposal Site - TPDES Processing of Sewage Sludge Material- TPDES

7. Processing Permits Dewatering Lime Stabilization Composting with Green Waste Heat Pelletizing Mobile Processing Unit

12. Registrations Water Treatment Plant Sludge Domestic Septage Notification Authorization Marketing and Distribution of Class A Sewage Sludge

16. Sludge Permits & Registrations in Texas Class B Land Application Permits – 49 Sludge Disposal Permits – 6 Sludge Processing Permits – 10 Domestic Septage Land Application Registrations – 50 Water Treatment Plant Sludge Land Application Registrations – 140 Class A Marketing/ Distribution Authorizations – 29

17. Recent Rulemaking Rule Petition - Bulk Sewage Sludge June 18, 2013 Commissioners Agenda – Initiate a rulemaking proceeding to address nuisance odors at bulk sewage sludge land application sites 2013 – Stakeholder meetings 2014 – Proposed rules published in Texas Register, public hearing held

18. Recent Rulemaking September 10, 2014 Commissioners Agenda – TCEQ Executive Director recommends adoption of revised Chapter 312 rules Rule adopted October 2, 2014

19. Recent Rulemaking Establish a new sewage sludge classification structure with corresponding requirements based on pathogen treatment processes  Class A  Class AB  Class B

20. Classifications of Sewage Sludge Class A – Exceptional Quality Pathogen Requirements 30 TAC Chapter 312.82(a) Fecal Coliform <1,000 MPN per gram of total solids or Density of Salmonella <3 MPN per 4 grams of total solids Alternative 1 - Time and Temperature

21. Classifications of Sewage Sludge Class A – Exceptional Quality Pathogen Requirements 30 TAC Chapter 312.82(a) Alternative 5 – Process to Further Reduce Pathogens (PFRP) –Composting –Heat Drying –Heat Treatment –Thermophilic aerobic digestion –Pasteurization Alternative 6 – Equivalent to PFRP with EPA approval

22. Classifications of Sewage Sludge Class AB - Exceptional Quality Pathogen Requirements 30 TAC Chapter 312.82(a) Fecal Coliform <1,000 MPN per gram of total solids or Density of Salmonella <3 MPN per 4 grams of total solids Alternative 2 - High pH, high temperature and time

23. Classifications of Sewage Sludge Class AB - Exceptional Quality Pathogen Requirements 30 TAC Chapter 312.82(a) Alternative 3 - Concentrations of enteric viruses and viable helminth ova – known process Alternative 4 - Concentrations of enteric viruses and viable helminth ova – unknown process

24. Classifications of Sewage Sludge Class B Pathogen Requirements 30 TAC Chapter 312.82(b) Fecal Coliform < 2,000,000 MPN per gram of total solids Process to Significantly Reduce Pathogens (PSRP) -Aerobic Digestion -Anaerobic Digestion -Air Drying -Composting -Lime Stabilization Site Restrictions

25. Classifications of Sewage Sludge Class B Pathogen Requirements 30 TAC Chapter 312.82(b) Certain Site Restrictions Harvesting Times Limited Public Access animals only allowed to graze 30 days after land application

26. Site Restrictions – Buffer Zones Protect Water Resources Surface Water – 200 feet if sludge not incorporated into soil Surface Water – 33 feet of vegetated buffer zone if sludge is incorporated into soil

27. Site Restrictions – Buffer Zones Protect Water Resources

28. Private Water Supply Well – 150 feet Public Water Supply Well, Intakes, Springs, Treatment Plants, or Storage Tanks – 500 feet Solution Channel, Sinkhole, or other Conduit to Groundwater – 200 feet Irrigation Conveyance Canal – 10 feet

29. Site Restrictions – Buffer Zones Minimizing Nuisance Odors Established school, institution, business, or occupied residential structure – 750 feet Public Right-of-Way and Property Boundaries – 50 feet

30. Core Requirements – Class A, AB, and B sewage sludge Clarify TCEQ authority to add more stringent requirements, such as an Odor Investigation and Control Plan Prohibit land application during rain or on saturated soils

31. Core Requirements – Class A, AB, and B sewage sludge Require cover on trucks Nuisance condition prohibition Submittal of an Adverse Weather and Alternative Plan

32. Additional Requirements for Class AB and B sewage sludge Post signage at application sites Buffer zones to odor receptors Staging of sludge away from odor receptors Best Management Practices to address tracking sludge off-site

33. Sewage Sludge Vector Attraction Reduction Methods 30 TAC Chapter 312.83(a) & (b) 38% Volatile Solids Reduction Specific Oxygen Uptake Rate (SOUR) Test – aerobic process only pH >12 for 2 hours and remain at pH 11.5 or higher for 22 hours

34. Sewage Sludge Vector Attraction Reduction Methods 30 TAC Chapter 312.83(a) & (b) ≥ 75% solids content (does not contain unstabilized sludge) ≥ 90% solids content (contains unstabilized solids) Injection below land surface within 1 hour Incorporation into soil within 6 hours

35. Sludge & Soils Laboratory Analysis Sludge/Septage Application Rate Calculations Maps

36. Sewage Sludge and Water Treatment Plant (WTP) Sludge BLU Requirements – Lab Analysis Total Metals in mg/kg (or parts per million), dry weight Nutrient Concentrations in percentage, dry weight Toxicity Characteristic Leaching Procedure (TCLP) Analysis Polychlorinated Biphenyls (PCBs)

37. Soil Testing Requirements Metals and Nutrients of the Soil: Metals Limits (mg/kg) in soil: ArsenicMercury CadmiumMolybdenum ChromiumNickel CopperSelenium LeadZinc Nutrients: Total Kjeldahl NitrogenSodium Ammonium NitrogenMagnesium Nitrate NitrogenCalcium PhosphorusElectrical Conductivity PotassiumpH

38. 10-15 random sample cores per 80 acres, collected at two depths (0-6 & 6-24 inch depth) 10-15 samples make up one composite sample for each soil depth per 80 acres and per uniform soil type within the 80 acres

39. Uniform soil type – Soils with same characteristics & textures Soils lab analysis report should reference soil type and depth Instructions found in Appendix B of the application

40. Calculating Sludge and Domestic Septage Application Rates Beneficial Land Use (BLU) – Growing a crop/vegetation using nutrients from sludge Sewage Sludge and WTP Sludge – Sludge Application Rate Calculation is measured in dry tons/acre/year in which site can maintain growth of intended crop Domestic Septage – Septage application rate is measured in gallons/acre/year

41. Calculating Sludge and Domestic Septage Application Rates Sewage Sludge and WTP Sludge – Consider metals and nutrients in the sludge & nutrients in the soils Domestic Septage – Consider only the nutrients in the soils

42. WTP Sludge – Pathogen and Vector Attraction Reduction not a concern Domestic Septage – Meet Pathogen & Vector Attraction Reduction Requirements with Lime Stabilization Maintain pH of > 12 for at least 30 minutes

43. Hydrologic Characteristics Aquifer Identification Periods of Perched or High Water Table Distinguish connections between surface and subsurface water

44. Nutrient Management Plan Proof that the risk of water quality impairment caused by nitrogen applied to the site is minimized (312.11(d)) Certified by a Nutrient Management Specialist Insurance Environmental Impairment Commercial Liability

45. Quarterly Reporting due the 15 th of March, June, September and December Amount of sludge delivered and land applied from each sludge source Cumulative metal loading Proof of Insurance Posted on TCEQ website for public viewing

46. General County Highway Map USGS Topographic Map Federal Emergency Management Agency (FEMA) Map USDA, Natural Resource Conservation Service (NRCS) Soils Map

47. Used to indicate location of site Include road/highway names & numbers Original Map

49. Location of the site – Property boundaries Zones Map Key

51. Soil Symbols Boundaries of Site Locations where soil samples collected (marked by “Xs” or dots)

53. How long will it take to receive a signed permit or registration? What are the fees for applying for a permit or registration? What are the notice requirements for the application process?

54. Fee Anticipated quantity of sludge land applied in one year $1,000 2,000 dry tons or less $2,000 >2,000 dry tons but <5,000 dry tons $3,000 >5,000 dry tons but <10,000 dry tons $4,000 >10,000 dry tons but <20,000 dry tons $5,000 >20,000 dry tons

55. 2 Published Public Notices Notice to landowners –within ¼ mile of the boundary of land application site Opportunity for Public Meeting and Contested Case Hearing

56. 2 Public Notices (Published) Notice to Landowners -within ½ mile of the boundary of disposal site -adjacent landowners of processing site Opportunity for Public Meeting and Contested Case Hearing Application Fee: New = $150 Renewal = $115

57. Domestic Septage BLU New / Major Amendment - One public notice is mailed to adjacent landowners and application is placed at County Judge’s office for viewing Renewal / Minor Amendment- No notice requirement Water Treatment Plant BLU and Class A Marketing and Distribution No public notice requirements No application fee for all of the above

58. What do I do if I wish to add a source of sludge to my land application site? When should I submit my annual report? What should be included with my annual report?

59. Due September 30 th - Reporting timeframe from September 1 st of previous year through August 31 st of current year Summary Sheet is Appendix C of permit/registration Amount of sludge/septage land applied Acreage used for land application Type of vegetation and frequency of harvesting Annual soils analysis

60. $100 minimum fee plus: $1.25 / dry ton for sludge disposal activity $0.75 / dry ton for Class B BLU $0.20 / dry ton for Water Treatment Plant BLU $100 flat fee for all Domestic Septage BLU Sludge Processing and Class A Marketing / Distribution do not have an annual fee

61. TCEQ Water Quality Division Wastewater Permitting Section, Municipal Permits Team Bijaya Chalise Kellie Crouch-Elliott Brian Sierant Austin Office: 512-239-4671 http://www.tceq.texas.gov/nav/permits/sewage_sludge.html