Presented by: Jacob Howdyshell, Ohio EPA Central Office

Transcription

1 Biosolids Rules Update (Ohio Administrative Code Chapter ) for Ohio Water Environment Association Biosolids Specialty Conference December 8, 2011 Presented by: Jacob Howdyshell, Ohio EPA Central Office

2 New Rules Background There were three separate interested party review periods for the draft rules, with a total of 453 comments received. Final rules were approved by the Joint Committee on Agency Rule Review (JCARR) on December 22, The new rules became effective on July 1, 2011.

3 The New Rules Include 12 rules in lieu of the previous 7 rules; Create rule titles that are more intuitive to the rule s content; Locate all definitions in Rule ; and Include tables, graphics, and comments to clarify and simplify requirements for the regulated community.

4 A Quick Comparison - Old vs. New Rule Previous Title New Title Definitions. Definitions Purpose, applicability and exclusions. Purpose, applicability, general requirements, exclusions and prohibitions Permits, plans and authorizations. NPDES permit requirements and management plan requirements.

5 A Quick Comparison - Old vs. New Rule Previous Title Land application agronomic management Land application restrictions Land application monitoring and reporting. New Title Biosolids classifications. Notice and necessary information requirements for biosolids and other notification requirements. Authorization for a beneficial use site, site transfer requirements and site amendment requirements for class B biosolids

6 A Quick Comparison - Old vs. New Rule Previous Title New Title Other management practices; prohibition. Requirements for the storage of biosolids: isolation distance requirements and requirements for field and regional facility storage N/A Requirements for the beneficial use of biosolids: general requirements, prohibitions, isolation distance requirements, site specific requirements and additional site restrictions for the beneficial use of Class B biosolids N/A Monitoring and reporting requirements and record retention.

7 A Quick Comparison - Old vs. New Rule Previous Title New Title N/A Facility storage requirements N/A Signage requirements for beneficial use sites receiving class B biosolids N/A Compliance, enforcement and spill notification requirements.

8 ORC (s)(1)(e) Powers of the Director Adopt and enforce, modify, or rescind rules necessary for the implementation of division (S) of this section. The rules reasonably shall protect public health and the environment, encourage the beneficial reuse of sludge and sludge materials, and minimize the creation of nuisance odors. 8

9 The Changes The rules introduce new definitions: Biosolids means sewage sludge that has been treated for beneficial use; Beneficial use means the placement of biosolids onto the land for agronomic benefit; Bulk EQ biosolids means more than 300 dry tons of exceptional quality biosolids that will be used on a beneficial use site.

10 The Changes Agronomic rate is defined as: A rate of application of nutrients from any source to the land or an amount of nutrients removed by crop based on: (1) Nutrient content of the biosolids to be applied; (2) Nutrient needs of the current or planned crops; and (3) Nutrient holding capacity of the soil. Starting in July of 2013, beneficial users will now have to evaluate phosphorus loadings as well as nitrogen loadings for beneficial use. The limits on application of phosphorus will be based on the phosphorus soil tests for the beneficial use site.

11 Nitrogen Rate 250 lbs/acre P2O5 Agronomic Rate 250 to 500 lbs/acre P2O5 Single-Year P2O5 Multi-Year P2O5 P-Index Soil Phosphorus Level (use most limiting) Additional Notes (mg/kg Bray- Kurtz P1 extraction) 0-40 X X X₁ X ₁ Must be injected or incorporated within 24 hrs; or >50% ground cover at time of beneficial use and no further phosphorus application for 3 yrs X X₂ X ₂ Max of 5 yrs. and no further phosphorus application for number of years spread X X X >150 X 11

12 The Changes Multi-year phosphate application example To convert from mg/kg P to lbs/dry ton P 2 O 5, multiply mg/kg by 2.27 to convert to mg/kg P 2 O 5, and then by to convert to lbs/dry ton P 2 O 5. For example: 15,000 mg/kg P x 2.27 x = 68 lbs P 2 O 5 /dry ton If injection or immediate incorporation will be utilized, then only half of the phosphate must be considered available (in this case would be 34 lbs/dry ton) 12

13 Crop Alfalfa Corn-grain Corn-silage Grass-cool season, tall grasses, or forage legumes Soybeans Wheat-grain P 2 O 5 lbs. removed per unit (Ohio Agronomy Guide, 12 th Edition) 13.3 lbs/ton 0.37 lbs/bushel 3.1 lbs/ton 13.0 lbs/ton 0.80 lbs/bushel 0.64 lbs/bushel Wheat-straw 0.90 lbs/bushel 13

14 The Changes Multi-year phosphate application example First year is corn-grain, expected yield of 180 bushels/acre. Second year is wheat-grain and straw, expected yield of 50 bushels/acre, double-cropped into soybeans, expected yield of 50 bushels/acre. Third year is alfalfa, expected yield of 5 tons/acre. 14

15 The Changes Multi-year phosphate application example First year phosphate removal = 180 bushels/acre * 0.37 lbs./bushel = 67 lbs. P 2 O 5 Second year removal = 50* * *0.80 = 117 lbs. P 2 O 5 Third year removal = 5*13.3 = 67 lbs. P 2 O 5 Total for 3 years of crop rotation = 251 lbs. P 2 O 5 15

16 The Changes Multi-year phosphate application example Total of 251 lbs/acre P 2 O 5 needed. 68 lbs P 2 O 5 /dry ton in biosolids. Application rate = 251/68 = 3.69 dry tons/acre. No further application for 3 years or until phosphate applied has been removed. 16

17 The Changes Nitrogen rate example Previous Crop Nitrogen Credits (lbs/acre) Corn, small grains 0 Soybeans 30 Grass sod 40 Established forage legume =40+20*(plants/ft 2 ) Annual legume cover crop 30 17

18 The Changes Nitrogen rate for same crop rotation Look at first year crop only, corn-grain expected yield of 180 bushels/acre. Assume soybeans were previous crop, so subtract 30 lbs/acre for residual nitrogen. Nitrogen needed = 220 lbs/acre 30 lbs = 190 lbs/acre. For 8,000 mg/kg NH 4, 35,000 mg/kg TKN in biosolids, available N = 32 lbs/dry ton. Application rate = 190/32 = 5.9 dry tons/acre Use the multi-year P 2 O 5 rate! 18

19 The Changes Which rate to use? 3 year phosphate rate = 3.69 dry tons/acre Nitrogen rate = 5.9 dry tons/acre However, if injecting or immediately incorporating 3 year phosphate rate = 3.69*2 = 7.38 dry tons/acre If surface application, phosphate rate is limiting If injection/incorporation, nitrogen rate is limiting factor 19

20 The Changes If injection/incorporation is utilized and biosolids are applied at the nitrogen rate, then the application rate of phosphate is: 5.9 dry tons/acre * 68 lbs P 2 O 5 /dry ton * 0.5 (amount considered available) = 200 lbs P 2 O 5 /acre Based on the crop rotation, this still provides phosphate into the 3 rd year of crops so no further application for 3 years 20

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23 The Changes Frozen and/or snow covered ground: Surface application of bulk biosolids to land from December 15 through March 1 is prohibited, unless injected or incorporated within 24 hours of application. Surface application of bulk biosolids to frozen and snow covered ground during the rest of the year will have to be in accordance with NRCS Waste Utilization Code 633.

24 The Changes NRCS Waste Utilization Code 633 Beneficial use site must have 90% cover that is not buried by snow or ice Liquid biosolids application rates are limited to 5,000 gallons/acre Beneficial use areas must not exceed 20 contiguous acres with a separation of at least 200 between beneficial use areas All beneficial use areas must be at least 200 from surface waters of the state Slope must be 6% or less 24

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27 The Changes Frozen and/or snow covered ground: Biosolids may still be stockpiled (as long as a VAR option other than 9 or 10 has been met) at the beneficial use sites for up to 90 days, just not too close to any homes.

28 May 20, 2009 OAC Chapter Presentation for OWEA NW Section Mtg. 28

29 The Changes Screening By July 1, 2015, any treatment plant who wishes to beneficially use biosolids must have a means of screening out manufactured inerts from the influent sewage and septage or sewage sludge. This may be accomplished through fine screening (5/8 max aperture, but the finer the better) or other means approved by the Director.

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32 The Changes Biosolids Classifications There are two classifications of biosolids, Class B and Exceptional Quality (EQ). Pathogen reduction alternatives are labeled P-1 through P-16, VAR options are labeled VAR-1 through VAR-10. Class B can meet any of the alternatives. EQ must meet one of P-8 through P-16, and one of VAR-1 through VAR-8.

33 The Changes Biosolids Classifications continued: There are now requirements in rule that records that must be maintained to document that PR and VAR have been satisfied. These requirements were incorporated from the White House document, for the most part.

34 The Changes Notice and Necessary Information (NANI) For the treatment works, including previous information that was required to be provided to the initial person who received the biosolids, now required to provide: i. Metal testing results; ii. PR achievement, and; iii. VAR achievement 34

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36 The Changes Notice and Necessary Information For the person who beneficially uses the biosolids (the land applier), there is a requirement for notification to the farm operator. This notification requires that the application rate of available nutrients in the biosolids that were beneficially used be reported.

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38 The Changes Class B Beneficial Use Sites Ohio EPA has clarified that biosolids from the same entity (i.e. municipality, county, etc.) can be beneficially used on the same site (this would apply if an entity has two different treatment works). Forms have been developed for transfers and acreage amendments for sites that have previously been authorized.

39 The Changes Field Storage All field storage will be limited to 90 days. There will no longer be a notification requirement if biosolids are to be stored for longer than 30 days. Surface water runoff diversions are required for storage areas (e.g. straw bales, silt fence, temporary berms) unless the beneficial use site is a hay/pasture field with slopes less than 6% and greater than 300 to surface waters of the State.

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42 The Changes Precipitation restrictions for Class B and bulk EQ biosolids No beneficial use when the forecast predicts a 50% chance that ½ inch (or ¼ inch for hydrologic soil group D) of rain will occur within 24 hours of beneficial use. Beneficial use may still occur if actual rainfall data indicates that ½ inch of rain did not occur even though the forecast predicted that it would.

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46 The Changes Isolation distance requirements for bulk EQ: 3 feet to bedrock. 33 feet to surface waters of the state. 300 feet without a grass buffer or 100 feet with a grass buffer to a sinkhole. All isolation distances from previous rules are still applicable to Class B biosolids.

47 The Changes Other new restrictions for bulk EQ Same day incorporation for areas that are frequently flooded. Slope and ground cover requirements for steep areas in a beneficial use site. Soil phosphorus and ph monitoring in accordance with agronomic rate requirements (every 3 years instead of 2).

48 The Changes Beneficial use sites with tile drainage If liquid Class B or liquid bulk EQ biosolids are to be beneficially used, tile outlet monitoring shall occur before, during, and after beneficial use. Rates are limited to ½ inch or 13,000 gallons/acre/day. Tools shall be used to disrupt preferential flow pathways during beneficial use or all tile outlets shall be plugged. Have tools onsite to plug tiles, if necessary!

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51 The Changes Monitoring frequencies Monitoring frequencies for metals have been reduced to match 40 CFR Part 503 monitoring frequencies. Metals monitoring shall be conducted at least once per reporting period, no matter if biosolids are removed from the facility or not, unless: i. All biosolids are going to landfill; or ii. The number of samples is increased when beneficial use does take place-same applies for fecal coliform monitoring if utilized.

52 The Changes Monitoring frequencies Dioxin monitoring will no longer be required unless requested by the Director or his authorized representative. Exception is for permittees who still have dioxin monitoring requirements in their permit, in which case a permit modification may be requested to remove the dioxin monitoring.

53 The Changes Signage Signs must be posted at all Class B biosolids beneficial use sites at least one week prior to delivery of Class B biosolids to the site. Records of when the signs are posted and removed shall be maintained.

54 The Changes PR and VAR Narrative Description Treatment works must maintain documentation of how PR and VAR compliance is attained. Shall be written in form of SOP, and contain: Sample monitoring/collection locations; Sample collection frequency; Sample collection procedure; Sample preservation procedures; and Sample analysis procedures, including calculations. 54

55 The Changes Agronomic rate description Must have documentation showing that equipment utilized for biosolids spreading has been calibrated. Example would be calculating volume of spreader, pull at certain speed/rpm/gear until empty, measure area covered. 55

56 Where are we headed? 56

57 Additional Information Ohio EPA s Biosolids website: U.S. EPA s Biosolids website: t/biosolids/index.cfm 57

58 Comments/Questions?