City and County of San Francisco 2030 Sewer System Master Plan

Transcription

1 City and County of San Francisco 2030 Sewer System Master Plan TASK 400 TECHNICAL MEMORANDUM NO. 408 REGULATORY CONSIDERATIONS FOR BIOSOLIDS MANAGEMENT FINAL DRAFT August YGNACIO VALLEY ROAD SUITE 300 WALNUT CREEK, CALIFORNIA (925) FAX (925)

2 CITY AND COUNTY OF SAN FRANCISCO 2030 SEWER SYSTEM MASTER PLAN TASK 400 TECHNICAL MEMORANDUM NO. 408 REGULATORY CONSIDERATIONS FOR BIOSOLIDS MANAGEMENT TABLE OF CONTENTS Page No. 1.0 INTRODUCTION REGULATORY FRAMEWORK Federal State Regional and Local Other Drivers Environmental Management System EXISTING BENEFICIAL REUSES ISSUES AND LIMITATIONS Land Application Landfills Summary LIST OF TABLES Table 1 Local Regulation of Biosolids Land Application in Northern California Table 2 San Francisco Biosolids Management Summary, Table 3 Summary of Available Bay Area Landfill Options (2006) DRAFT - August 26, 2009 i

3 Task 400 Technical Memorandum No. 408 REGULATORY CONSIDERATIONS FOR BIOSOLIDS MANAGEMENT 1.0 INTRODUCTION Biosolids is the accepted term for sewage sludge that has been highly treated and tested to ensure that it complies with federal standards prior to being beneficially reused. The National Biosolids Partnership defines biosolids as the nutrient-rich organic materials resulting from the treatment of domestic sewage at a wastewater treatment facility. ( This technical memorandum describes the regulations currently affecting the beneficial reuse of biosolids, regulatory trends, and the status and future of San Francisco s biosolids program. 2.0 REGULATORY FRAMEWORK 2.1 Federal The EPA regulates biosolids use under Section 503 of Chapter 40 of the Code of Federal Regulations (40 CFR 503). The 40 CFR 503 regulations address land application, surface disposal, and incineration of biosolids. The 40 CFR 503 regulations are self-implementing and include monitoring, certification, and reporting requirements. Agencies are required to send an annual report to the EPA summarizing and certifying their compliance with the rule. The 40 CFR 503 regulations establish metal concentration limitations, pathogen density reduction requirements, vector attraction reduction requirements, and site management practices for land application of biosolids. Land application refers to the beneficial use of biosolids for their nutrient and organic matter content. Biosolids land application rates cannot exceed the agronomic rate of the vegetation that will be grown. The metal concentration limitations are based on a risk assessment prepared by EPA. The pathogen density and vector attraction reduction requirements are based on past successful experience. Biosolids are classified as either Class B or Class A with respect to pathogen density. Class B biosolids have significantly reduced pathogen densities (as compared to raw sludge), but require application site management to ensure protection of public health and the environment. Class A biosolids have further reduced pathogen densities and do not require application site management to ensure protection of public health and the environment. Biosolids that meet the pollutant concentration, Class A pathogen, and vector attraction reduction requirements in 40 CFR 503 are typically called Exceptional Quality Biosolids, and can be sold or given away in bulk or bags without additional regulation by EPA. The 40 CFR 503 regulations also establish requirements for surface disposal and incineration of biosolids. Surface disposal includes monofills, surface impoundments, DRAFT - August 26,

4 lagoons used for final disposal as opposed to treatment, waste piles, dedicated disposal sites, and dedicated beneficial use sites. Incineration refers to combustion of sewage sludge or biosolids at high temperatures in an enclosed device. The 40 CFR 503 regulations establish metals concentration limits, total hydrocarbon emission limits, and management practices. The use or disposal of non-hazardous incinerator ash is not covered by 40 CFR 503; other Federal regulations (40 CFR 257 and 40 CFR 258) cover these practices. Neither surface disposal nor incineration is practiced in San Francisco. 2.2 State In California, state regulation of biosolids land application is more stringent than Federal regulation. The California State Water Resources Control Board (SWRCB) has adopted General Waste Discharge Requirements (WDRs) for the Discharge of Biosolids to Land for use as a Soil Amendment in Agricultural, Silvicultural, Horticultural, and Land Reclamation Activities (Biosolids General Order). The Biosolids General Order can be used by Regional Water Quality Control Boards (RWQCBs) for streamlined permitting of biosolids land application sites. The adoption of the Biosolids General Order has led to increased consistency between WDRs, however, the RWQCBs can adopt site-specific WDRs if conditions warrant. The Biosolids General Order applies to Class B land application sites and sites where Class A Exceptional Quality biosolids will be applied at rates greater than 10 dry tons per acre per year to a field that is larger than 20 acres in size. The Biosolids General Order goes beyond the requirements of 40 CFR 503 by requiring additional biosolids testing, soil testing, groundwater sampling, and wind and dryness limitations. The SWRCB and the RWQCBs generally recognize that highly treated Class A, Exceptional Quality biosolids products such as heat dried pellets or properly prepared composts are commercial products and their use is not regulated. The California Department of Food and Agriculture (CDFA) regulates nutrient guarantees of fertilizer materials and agricultural minerals. CDFA licensing is required for all producers of fertilizing materials and agricultural minerals. San Francisco s Class B dewatered cake are considered to be an agricultural mineral, while a heat dried biosolids will qualify as a fertilizing material under the CDFA regulations. Although its impacts are local, the Delta Protection Commission is a state agency tasked with regional planning for the Sacramento/San Joaquin River Delta area, a large, fertile agricultural area located relatively close to the Bay Area. The Delta Protection Commission has adopted regulations that prohibit biosolids land application within the Primary Zone of the Delta, as defined in Section of the California Water Code. The Primary Zone includes portions of Solano, Yolo, Sacramento, San Joaquin, and Contra Costa counties. The five counties have incorporated the requirements of the Delta Protection Commission within their land use plans and zoning codes. Biosolids reuse and disposal in landfills falls under the jurisdiction of the California Integrated Waste Management Board (CIWMB). In addition to regulating the co-disposal of DRAFT - August 26,

5 biosolids in landfills and use of biosolids for Alternative Daily Cover (ADC), the CIWMB also regulates biosolids composting facilities. ADC is considered different from co-disposal because it utilizes the biosolids (mixed with other materials, such as green waste) as a daily cover for the solid waste placed in the landfill, reducing the need to use soil for that purpose. ADC is considered to be a beneficial use, even though the materials are ultimately entombed in a landfill. ADC use is limited to 25 percent of the total landfill cover requirements. 2.3 Regional and Local Regional Air Quality Management Districts (AQMDs) are tasked with reducing air pollution within their jurisdictions. AQMD regulations can affect biosolids management programs by requiring permits and emission control systems at landfills, land application sites, cogeneration, heat drying, composting, and thermal conversion facilities. Most local/regional influence on biosolids management practices, however, originates at the county level. Northern California counties have enacted local regulation of biosolids land application in various forms, as summarized in Table 1. San Francisco currently land applies biosolids in Solano, Sonoma, and Merced Counties. Some counties require a Conditional Use Permit (CUP) be obtained for a site, which triggers an environmental review in accordance with the California Environmental Quality Act (CEQA) and allows the county to apply site-specific conditions to the proposed operation. Other counties have enacted biosolids ordinances to address local concerns. The ordinances range from complete banning of biosolids land application to allowing Class A or Class B biosolids to be applied. Each county s requirements are unique and must be studied carefully; some ordinances even ban the use of high quality products like compost or fertilizer pellets derived from biosolids. In general, the trend in California has been towards increasingly restrictive local regulation or bans of biosolids land application. The current ordinance in Solano County, which receives approximately 30% of San Francisco's biosolids for land application, expires in October This ordinance will only allow the land application of Class B biosolids to continue after October 2012 if an agency has adequately demonstrated progress towards production of either Class A EQ biosolids or is using a waste to energy process. Maintaining good biosolids management practices, including strong stakeholder participation, has been crucial to the City's continued ability to land apply approximately 40% of its biosolids. DRAFT - August 26,

6 Table 1 Local Regulation of Biosolids Land Application in Northern California 2030 Sewer System Master Plan City and County of San Francisco Biosolids Ordinance County CUP Required Ban Class A Only Class B Allowed Alameda Merced Sacramento San Joaquin Solano Sonoma Stanislaus Yolo 2.4 Other Drivers Environmental Management System San Francisco is one of the charter agencies that signed on to the National Biosolids Partnership s Environmental Management System (EMS) program. The EMS for biosolids is a voluntary program that establishes the regulatory controls (as described above) as a baseline, and seeks opportunities for program enhancement above and beyond that baseline. This program has 17 elements, including communication, operational controls, and corrective action procedures that the agency must develop in order to obtain EMS certification. While the near term goal is to develop an EMS program and attain third-party EMS certification, the work associated with an EMS is ongoing with a long-term goal of continual improvement. The EMS helps agencies maintain and develop sound long-term management practices and improve public acceptance of biosolids. San Francisco s EMS is still under development with the goal of attaining third party certification by 2010, but many of the EMS elements have already been implemented at the treatment facilities. The City has realized the EMS benefits of increased control over final product quality and improved internal and external communications. As it relates to Solano County, the following practices were implemented through the City s EMS: Monthly inspections by City staff of the Contractor s land application sites Twice weekly analysis of fecal coliform in biosolids cake during land application season (in addition to monitoring of time and temperature) to guarantee Class B quality biosolids at land application sites Routine attendance at Solano County biosolids stakeholder meetings Creation of a biosolids fact sheet for public education purposes Creation of a biosolids EMS website for public education purposes DRAFT - August 26,

7 In-plant training for all operators on both biosolids and the EMS to provide a deeper understanding of the importance of maintaining high quality biosolids Additional monitoring for parameters of public interest, such as those found in personal care products 3.0 EXISTING BENEFICIAL REUSES San Francisco produces between 80,000-85,000 wet tons of mesophillically digested Class B biosolids each year. San Francisco has beneficially reused all of the biosolids produced in recent years. The City s biosolids have been transported to Merced, Solano, and Sonoma Counties for agricultural land application and use as landfill beneficial use. Agricultural land application occurs primarily during the months of April through October each year - application dates are legislated in Solano and Sonoma Counties, whereas the ability to land apply is strictly weather related in Merced County. Landfill use occurs throughout the year. Biosolids are used as landfill beneficial use during the wet season, when land application is not permitted due to wet field conditions. During the dry season land application sites are used as much as possible, and any excess material is sent to landfills for beneficial use. New contracts for landfill beneficial reuse were renewed in December 2007 and are set to expire in November Land application contracts were extended for one year in July Table 2 provides a summary of biosolids management practices in 2007 and Table 2 San Francisco Biosolids Management Summary, Sewer System Master Plan City and County of San Francisco County Merced Beneficial Use 2007 Tons (wet weight) 2007 Percent of Total 2008 Tons (wet weight) 2008 Percent of Total Land Application Class A Compost 3, Solano Beneficial landfill 44, , reuse Hayward Road Landfill Potrero Hills Landfill - Treasure Island Disposal Land Application 24, , Sonoma Land Application 11, , Totals 84, , DRAFT - August 26,

8 Hauling and tipping are separated out, as they are managed under different contracts. Tipping fees are typically paid on a per ton basis to the owner or operator of the disposal/reuse site. Tipping fees at landfills are expected to increase as available space becomes more limited, with multiple agencies competing for reuse sites. The rates of a hauler are dependent upon distance and time of travel to the reuse site. Haul rates will increase in proportion with rising fuel costs. The weighted average per ton cost to haul and reuse San Francisco biosolids as of June 2006 was $ This cost has since slightly decreased due to a change in trucking companies. 4.0 ISSUES AND LIMITATIONS Biosolids quantities are increasing due to population growth and increasingly stringent clean water regulations. At this time, most wastewater agencies remain committed to recycling biosolids rather than disposing of them. Cities benefit from this recycling commitment as it aids in furthering the CIWMB s requirements for diversion of waste from landfills. The pressure on existing reuse methods is making this practice increasingly difficult, as described below. 4.1 Land Application Land application of Class B biosolids is mostly accomplished by firms that specialize in biosolids management. The firms are under contract with the municipal wastewater agencies, and solicit interested farmers and obtain the required permits. The firm spreads the biosolids and completes the monitoring required by the permits. The farmer receives free fertilizer, but is generally not paid a tipping fee. Proactive public outreach is generally required in communities where land application is to occur because dewatered cake biosolids do not look or smell like materials commonly used in agriculture. Neighbors of land application sites may react with fear and concerns about the practice if not given proper information on the safety and benefits. This is true for both Class A and Class B biosolids. Land application of Class B dewatered cake has traditionally been attractive to wastewater agencies. Not only do the biosolids add organic matter to the soil (a valuable addition to many California soils that are typically very low in organic matter), but it has also been one of the lowest cost ways to manage biosolids. However, it has also become increasingly controversial in California and has been banned or restricted by a number of counties, as described in the previous section. Significant outreach efforts have been made by SFPUC staff in recent years to address issues and concerns expressed in the counties where land application of San Francisco biosolids is taking place, particularly Solano County. The outreach efforts have included contact with members of the Board of Supervisors, discussions with Solano County Environmental Management staff, attendance at public meetings and hearings, and providing information to interested members of the public. DRAFT - August 26,

9 In addition to public perception issues, there are also some practical limitations on the practice of land application. As development in the Bay Area increases, the numbers of proximate land application sites (particularly those with sufficient buffers from private residences) are diminishing. The shrinking inventory of permitted land application sites and increasing county restrictions in California have forced many wastewater agencies, including San Francisco, to haul biosolids greater distances, increasing transportation costs, fuel usage, and diesel emissions. Increased competition for available sites has increased application costs. This problem is more severe in Southern California, but it is also becoming an issue in Northern California. Another management issue is the seasonality of agricultural land application in Northern California. Land application activities are typically not possible (and may be prohibited by local regulations) during the wet season, November through April. Farm fields are usually too wet during this time of the year to allow access to the heavy equipment needed to spread biosolids. There are also concerns about runoff and timing with the cropping cycle which limit wet season uses. Dry season application (May through October) must be scheduled around the growth cycle of the crops; biosolids cannot be applied while a crop is being grown. Farm land that is not irrigated (dryland farming) is ideal for biosolids land application because biosolids can be applied throughout much of the dry season; the farmer plants his crop just prior to the wet season and harvests the crop in late spring or early summer. Purchase of farmland outside the wastewater agency s county presents greater risk than development within the city or county of origin. Vallejo Sanitation and Flood Control Agency owns and operates a farm on Tubbs Island, located in adjacent Sonoma County. The award-winning project has a long, successful operating history. However, the City of Los Angeles purchase of an established site in Kern County has not appeared to reduce Kern County resident s resistance to land application of biosolids originating from urban Southern California. The Green Acres farm is located within unincorporated Kern County, and has been the subject of ongoing litigation, as the Kern County voters wish to ban importation of biosolids. Therefore, development of a dedicated land application site by San Francisco in another county presents considerable risk and is not considered feasible. Exporting biosolids out of the state of origin is or has been practiced by a number of large wastewater agencies, including the City of New York, District of Colombia Water and Sewage Authority, City of Los Angeles, and Orange County Sanitation District. Transport can be by truck or rail, depending on the haul distance. Biosolids from Southern California have been successfully exported by truck to several Arizona counties for beneficial use. However, Orange County Sanitation District encountered significant local opposition in 2003 when it began exporting biosolids by truck to Nye County, Nevada. The Sacramento Regional County Sanitation District received a proposal from a large, fully permitted ranch located north of Reno (in Nevada) to accept biosolids transported by rail as a long-term (15 year) solution. The proposal was not accepted, however it demonstrates that out-of-state DRAFT - August 26,

10 exportation may be a viable alternative for Northern California wastewater agencies. Pursuit of out-of-state markets for San Francisco Class B biosolids is not recommended at this time, but should be considered in the future if solutions located within California become infeasible or prohibitively expensive. In general, agricultural land application does not appear to be a sustainable biosolids management practice for wastewater agencies that serve large urban areas, such as the San Francisco Bay area and the greater Los Angeles area. Rural communities in California are becoming increasingly resistant to accepting waste products that are transported from distant urban centers, particularly with dewatered cake products. Agricultural land application of dewatered cake may provide a short-term outlet for San Francisco biosolids, but should not be considered a permanent biosolids management solution. As counties located close to the Bay Area place greater restrictions on agricultural land application of Class B biosolids the SFPUC will be forced to haul dewatered cake longer distances. Counties that ban or restrict Class B biosolids reuse may also limit Class A biosolids products. It is prudent for San Francisco to focus efforts on creating higher-quality biosolids products that are more-readily accepted by the communities that receive and use them, rather than focusing on maximizing the short-term economic advantages provided by Class B biosolids recycling in agriculture. 4.2 Landfills Biosolids from San Francisco are currently put to beneficial use in landfills. SFPUC staff conducted a survey to determine landfill availability for biosolids disposal within 200 miles of San Francisco (Jones and Schepis, 2006). The study, completed in 2006, found that of the 31 landfills listed on the CIWMB s website as permitted to receive biosolids, one is closed, five only accept in-county biosolids, one has an expired permit, two are at capacity, and thirteen have chosen not to accept biosolids. For those landfills accepting out-ofcounty biosolids, the results of the survey are summarized in Table 3. This table clearly indicates that landfill capacity is somewhat limited in the Bay Area, particularly with several large agencies seeking to utilize this capacity. San Francisco has had several contracts with a number of these landfills, although currently they only have one. Competition for landfill space with other agencies has led to a steady increase in tipping fees for many Bay Area agencies, such that this is an increasingly expensive reuse option. Landfill beneficial use therefore shares some issues with land application of Class B biosolids limited space, increasing costs, potential for increased hauling distance although it tends to have many fewer public perception issues. DRAFT - August 26,

11 Table 3 Summary of Available Bay Area Landfill Options (2006) 2030 Sewer System Master Plan City and County of San Francisco Landfill Name County Disposal ADC Permitted Biosolids Capacity Altamont Landfill Alameda Not specified Vasco Road Sanitary Landfill Keller Canyon Landfill Contra Costa Salinas Valley Solid Waste Authority Forward Landfill Newby Island Sanitary Landfill Alameda 500 tons/day Monterey Not specified San Joaquin Santa Clara Unused Biosolids Capacity 1,000 tons/week 1,000 tons/week 1,000 tons/week Potrero Hills Landfill Solano 250 tons/day Hay Road Landfill Solano 40,000 tons/yr Yolo County Landfill Yolo Not specified 4.3 Summary San Francisco s current biosolids reuse practices are threatened. As effluent limits become more stringent, there exists the potential for there to be a higher pollutant loading in the biosolids, which could further limit reuse options. The regulatory pressure on agricultural land application has increased to the point where land application of Class B biosolids will become infeasible within the life of the SSMP. The three major Southern California agencies Los Angeles County Sanitation District, City of Los Angeles, and Orange County Sanitation District all have plans to move beyond a biosolids cake product. As the regulatory pressures on land application increase, there is likely to be a corresponding increase in demand for limited landfill space, which could drive costs upwards. In order to prepare for the future, San Francisco must take steps towards preparing for limited Class B reuse options. DRAFT - August 26,