5 CCR 1002-64
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT REGULATION NO. 64 - BIOSOLIDS REGULATION 5 CCR 1002-64 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________
64.1 AUTHORITY
These regulations are promulgated pursuant to the Colorado Water Quality Control Act, sections 25-8- 101 through 25-8-703 C.R.S., (1989 Repl. Vol. 11A and 1993 Supp.). In particular, they are promulgated under sections 25-8-202, 25-8-205, 25-8-501, and 25-8-509 C.R.S., (1989 Repl. Vol. and 1993 Supp.).
64.2 PURPOSE
The purpose of these regulations 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.
64.3 APPLICABILITY
These regulations apply to:
A. any domestic wastewater treatment works, irrespective of whether the domestic wastewater treatment works is required to obtain a CDPS permit, when biosolids generated at the domestic wastewater treatment works are withdrawn for beneficial use, and B. any person treating, manipulating, or applying biosolids to land for beneficial purposes. These regulations do not apply to the use or disposal of grit or screenings generated during primary treatment of domestic sewage in a wastewater treatment works, hazardous sewage sludge, grease (except grease removed in primary, secondary or advanced wastewater treatment processes and added to a biosolids treatment process), commercial or industrial sludges (regardless of whether or not combined with domestic sewage), domestic or industrial septage, or sludge generated during treatment of drinking water.
64.4 SEVERABILITY
The provisions of these regulations are severable, and if any provisions or the application of the provisions to any circumstances are held invalid, the application of such provision to other circumstances, and the remainder of these regulations shall not be affected thereby.
64.5 MATERIALS INCORPORATED BY REFERENCE
U.S. Environmental Protection Agency standards and test methods cited in these regulations are hereby incorporated by reference. The references herein are to the Code of Federal Regulations at 40 CFR Part 503 and are current as of February 8, 2010. Incorporation of this material does not include later amendments to, or editions of, the incorporated material. The Commission will need to adopt revisions to this regulation for conformance with any subsequent changes to the Federal Regulations. All materials incorporated by reference may be examined at any state publication depository library. Requests for public inspection of materials incorporated by reference in this regulation should be made to the Colorado Department of Public Health and Environment, Water Quality Control Division, 4300 Cherry Creek Drive, South, Denver, Colorado, 80246-1530.
64.6 VARIANCES
The Division may grant a variance from any provision of these regulations in a particular case where it determines that the public health or water quality benefits that will be created by compliance with the subject provision do not bear a reasonable relationship to the costs required to achieve compliance, except that in no case shall the Division grant a variance such that any resultant requirement or standard is less stringent than required by federal regulation. Any such variance shall be reasonably consistent with the protection of public health and of water quality. Any person who requests a variance from a provision of these regulations shall bear the burden of developing and supplying the Division with such information as the Division deems necessary to adequately demonstrate the existence of conditions which warrant issuance of a variance. A variance may be requested at any time. Any such request shall be made in writing. The Division shall notify the applicant of the adequacy of information contained within the applicants request within 45 days of receipt of the variance request. The Division shall either issue or deny a variance request within 90 days of receipt of a complete and adequate variance request. Any such variance issued by the Division shall be made in writing. No person shall be considered to have obtained a variance until said person is in receipt of the Division's written statement granting such variance. Any such written statement shall identify the provision of these regulations from which a variance has been awarded, and shall prescribe any requirements with which the recipient of the variance must comply in lieu of the provision for which a variance has been issued. The Division shall prescribe such requirements as are reasonably consistent with the protection of the public health and of water quality. All variances awarded by the Division in any one month shall be reported to the Water Quality Control Commission at its subsequent regular meeting.
64.7 FEES
A. Assessment of Fees and Billing
B. Enforcement of Fee Payments
C. Appeals of Actions on Fees
64.8 ENFORCEMENT
Violations of these regulations shall be subject to enforcement action by the Division pursuant to Part 6 of the Act.
64.9 DEFINITIONS
The following definitions are applicable within the intent of these regulations:
A. “ACT” means the Colorado Water Quality Control Act as from time to time amended, section 25- 8-101 C.R.S., 1973, et seq.
B. “AGRICULTURAL LAND” means land on which a food crop, a feed crop, or a fiber crop is grown on a scale larger than a family garden plot. Agricultural land may also include range land, forest land, and land used as pasture.
C. “AGRICULTURAL USE” means the application of biosolids to land for use as a source of macro- or micronutrients, organic matter or other beneficial properties as a soil conditioner for the facilitation of vegetative growth.
D. “AGRONOMIC RATE” means the rate at which biosolids are applied to land such that the amount of nitrogen required by the food crop, feed crop, fiber crop, cover crop or vegetation grown on the land is supplied over a defined growth period, and such that the amount of nitrogen in the biosolids which passes below the root zone of the crop or vegetation grown to groundwater is minimized. Agronomic rate shall be calculated in accordance with section 64.15(H) of this regulation.
E. “ANNUAL BIOSOLIDS APPLICATION RATE” means the maximum amount of biosolids, on a dry weight basis, that can be applied to a unit area of land during a three hundred sixty-five (365) day period or during a single cropping cycle.
F. “ANNUAL HIGH GROUNDWATER TABLE” means the highest elevation that groundwater reaches over a one-year period.
G. “ANNUAL POLLUTANT LOADING LIMIT” means the maximum amount of a pollutant that can be applied to a unit area of land during a three hundred sixty-five (365) day period as outlined in section 64.14(B)(2)(c)(ii), Table 4.
H. “APPLICATION SITE” means all contiguous areas of a property intended for biosolids application.
I. “APPLIER” means the person who places biosolids onto or into the soil till zone for beneficial use.
J. “APPLY” means to place onto or into the soil till zone.
K. “BENEFICIAL USE” means the use of the nutrients and/or organic matter in biosolids to act as a soil conditioner or fertilizer for the promotion of vegetative growth on land.
L. “BIOSOLIDS” means the accumulated treated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water, or domestic or industrial septage.
M. “BIOSOLIDS MANAGEMENT PLAN” means a plan that describes biosolids production, treatment, storage, distribution and land application activities and the measures taken to ensure compliance with Federal, State and local regulatory requirements.
N. “CUMULATIVE POLLUTANT LOADING RATE” means the maximum amount of an inorganic pollutant outlined in section 64.12(A), Table 2 that can be applied to a unit area of land.
O. “DEWATERED BIOSOLIDS” means biosolids that have the properties of a solid. Dewatered biosolids are biosolids that can be transported and handled as a solid material.
P. “DISTURBED LAND” means land from which vegetation, topsoil, or overburden has been removed, or land of marginal agricultural use or grazing capacity due to past use.
Q. “DIVISION” means the Colorado Department of Public Health and Environment, Water Quality Control Division.
R. “DOMESTIC WASTEWATER TREATMENT WORKS” means a system or facility for treating, neutralizing, stabilizing, or disposing of domestic wastewater which system or facility has a designed capacity to receive more than two thousand gallons of domestic wastewater per day. The term “domestic wastewater treatment works” also includes appurtenances to such system or facility, such as outfall sewers and pumping stations, and to equipment relating to such appurtenances. The term “domestic wastewater treatment works” does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial processes are treated therein.
S. “FEED CROPS” are crops produced primarily for consumption by animals.
T. “FINAL PRODUCT” or “FINAL PRODUCT MATERIAL” means a finished soil amendment or fertilizer which is intended for beneficial use and which contains a biosolids component.
U. “FOOD CROPS” are crops consumed by humans. These include, but are not limited to, grain, fruits, and vegetables.
V. “HIGH POTENTIAL FOR PUBLIC EXPOSURE” means land that the public uses frequently including, but not limited to, disturbed land when such land is located in a heavily populated area (e.g. a construction site located within a city), public parks, ball fields, cemeteries, retail plant nurseries, golf courses, turf farms. Land with “high potential for public access” does not include land on which public access is controlled by fencing, signage or other means regardless of the location of such land.
W. “LETTER OF INTENT FOR THE USE OR DISTRIBUTION OF BIOSOLIDS” means the written application for Division authorization to land apply biosolids or distribute or market biosolids to the public submitted by the biosolids preparer or applier per section 64.10(A).
X. “LIQUID BIOSOLIDS” means biosolids that are in liquid form. Liquid biosolids are biosolids that need to be transported and handled in a tank or tank truck.
Y. “LOW POTENTIAL FOR PUBLIC EXPOSURE” means sites subject to infrequent public use including, but not limited to, agricultural land, forest, or disturbed land located in a sparsely populated area (e.g. A strip mine located in a rural area).
Z. “MUNICIPALITY” means any regional commission, county, metropolitan district, sanitation district, water and sanitation district, water conservancy district, metropolitan sewage disposal district, service authority, city and county, Indian tribe or authorized Indian tribal organization, or any two or more of the above which are acting jointly in connection with a domestic wastewater treatment works.
AA. “NON-FOOD CROP” means any crop not intended for direct human consumption including, but not limited to, crops cultivated for fiber, fuel, or feed crops.
BB. “NOTICE OF AUTHORIZATION TO USE OR DISTRIBUTE BIOSOLIDS” means a biosolids permit issued by the Division pursuant to section 25-8-501 of the Act indicating the conformance of a proposed beneficial use of biosolids with the criteria contained in this regulation and containing such terms and conditions as are required per section 64.10(E).
CC. “PERSON” means an individual, corporation, partnership, association, state, or political subdivision thereof, federal agency, state agency, municipality or commission.
DD. “PREPARER” means either the person who generates biosolids during the treatment of domestic sewage in a domestic wastewater treatment works or the person who derives a final product material from biosolids.
EE. “PUBLIC CONTACT SITE” means land which is available for specific uses by the public and, as such, has a potential for direct public contact when biosolids are applied to such a site.
FF. “PUBLIC WATER SYSTEM” means a system for the provision of piped water, if such system has a minimum of 15 service connections or regularly serves an average of a minimum of 25 persons.
GG. “RESTRICTED USE” means the use or distribution of biosolids for use on land with high potential for public exposure.
HH. “RUNOFF” means precipitation (e.g. rainwater), leachate, or other liquid that drains overland on any part of a land surface and runs off of the land surface.
II. “SHORT TERM STORAGE” means the temporary storage and/or staging of dewatered biosolids, within a permitted land application site, for a period of fourteen days or less, or temporary storage for a longer period upon site-specific Division approval at that time.
JJ. “STATE WATERS” means any and all surface and subsurface waters which are contained in or flow in or through Colorado, except waters in sewage systems, water in treatment works or disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. State waters do not include runoff from drainages which are cultivated as a routine farming practice or from rangeland which supports a permanent vegetative cover before the runoff enters a permanent or intermittent surface water body or groundwater.
KK. “STORAGE OF BIOSOLIDS - LONG TERM” means the storage of biosolids in an authorized storage facility as outlined in section 64.13. These biosolids shall not be stored for a period of more than two years before removed for use or distributed.
LL. “SITE CLOSURE” means the closing of a biosolids application site as outlined in section 64.10(I) of this regulation.
MM. “SITE DEACTIVATION” means a specific applier is no longer authorized to apply biosolids to a site; the site is still available for biosolids application by other appliers as outlined in section 64.10(H) of this regulation.
NN. “SITE TRANSFER” means the transfer of an NOA to a new person as outlined in Section 64.10(J) of this regulation.
OO. “TRANSFER / OFFLOADING AREA” means areas within a permitted land application site, which are intended for the offloading of biosolids from vehicles transporting biosolids to an application site and subsequent loading of biosolids into application equipment.
PP. “TREAT BIOSOLIDS” or “TREATMENT OF BIOSOLIDS” means the preparation of biosolids for final use or distribution including, but is not limited to, thickening, stabilization, stockpiling, dewatering, and blending of biosolids from different sources or with other materials. This does not include storage of biosolids except as such storage is incidental to treatment.
QQ. “TREATMENT WORKS TREATING DOMESTIC SEWAGE” means a domestic wastewater treatment works or other sludge or biosolids handling facility, regardless of ownership, used in the storage, treatment, recycling or reclamation of domestic sewage or land application of biosolids.
RR. “UNRESTRICTED USE” means the use or distribution of biosolids for lawns or home gardens use.
SS. “WETLANDS” means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
64.10 ADMINISTRATION
A. Letters of Intent for the Use and Distribution of Biosolids. Persons using or distributing biosolids shall submit a Letter of Intent for the Use and Distribution of Biosolids. Letters of Intent for the Use and Distribution of Biosolids shall be submitted to the Division and to the local health authority. A Letter of Intent for the Use and Distribution of Biosolids shall be submitted prior to the initial use or distribution of biosolids and shall be amended as necessary to comply with sections 64.10(1), (2) and (3) below. The contents of the Letter of Intent for the Use and Distribution of Biosolids shall include the following:
B. Division Review. An applicant shall be notified not more than thirty (30) days after receipt of a Letter of Intent to Use or Distribute Biosolids if, and in what respects, the Letter of Intent for the Use and Distribution of Biosolids is incomplete. Upon the written agreement of the applicant, the review period may be extended to such duration is mutually agreed by the applicant and the Division.
C. Issuance of Notices of Authorization for the Use and Distribution of Biosolids. The Division shall either issue or deny the Notice of Authorization for the Use and Distribution of Biosolids within thirty (30) days of its determination that the Letter of Intent for the Use and Distribution of Biosolids is complete. The applicant shall be notified in writing upon denial of the Notice of Authorization for the Use and Distribution of Biosolids of such action and the reason(s) for such action.
D. Appeal of Issuance or Denial of Notice of Authorization for the Use and Distribution of Biosolids. The applicant or any other person, potentially adversely affected or aggrieved by Division issuance or denial of Letters of Intent for the Use and Distribution of Biosolids, may submit a request, within thirty (30) days of the date of issuance or denial, to the Director, Water Quality Control Division, for an adjudicatory hearing.
E. Terms and Conditions of Notices of Authorization for the Use and Distribution of Biosolids. Notices of Authorization for the Use and Distribution of Biosolids issued by the Division shall contain such terms, limitations, and conditions as are deemed necessary by the Division to ensure compliance with the criteria contained in these regulations, with applicable water quality standards for surface or groundwater and with control regulations except for those Notices of Authorization for the Use and Distribution of Biosolids which contain terms, limitations and criteria and a schedule of compliance as determined by the Division. At a minimum, all Notices of Authorization for the Use and Distribution of Biosolids shall contain the following:
F. Notice of Authorization for the Use and Distribution of Biosolids - Duration. Except for terms and conditions incorporated into Colorado Discharge Permit System Regulations as authorized pursuant to section 64.11 below, Notices of Authorization for the Use and Distribution of Biosolids may be issued by the Division for any period except that no Notice of Authorization for the Use and Distribution of Biosolids, or any permit which is issued by the Division may allow application of biosolids in exceedance of the cumulative application limits as described in section 64.12(A) Table 2 of this regulation.
G. Notice of Authorization for the Use and Distribution of Biosolids Required. No person shall use biosolids, distribute biosolids for use, or cause biosolids to be used for any beneficial use unless a Notice of Authorization for the Use and Distribution of Biosolids has been issued by the Division to a treatment works treating domestic sewage for such use or distribution.
H. Notice of Authorization for the Use and Distribution of Biosolids. Site Deactivation: Persons no longer applying biosolids to an authorized application site and who no longer intend on applying biosolids to that site shall submit to the Division in writing a request to deactivate the application site. The Division will terminate the Notice of Authorization for the Use and Distribution of Biosolids and will follow-up with a written confirmation. Authorized sites that have not been reported in the annual report in accordance with section 64.17(B)(2) may be deactivated by the Division. Note: a deactivated site is still available for biosolids application by other persons.
I. Notice of Authorization for the Use and Distribution of Biosolids. Site Closure: Persons no longer applying biosolids to an authorized application site because: 1) the site has reached or exceeded the Cumulative Pollutant Loading Rates outlined in section 64.12(A), Table 2 of this regulation, or
J. Notice of Authorization for the Use and Distribution of Biosolids. Site Transfer: An NOA may be transferred to a new person from a person no longer applying biosolids to an authorized application site and who no longer intends on applying biosolids to that site. A signed transfer document showing the agreement between the parties shall be submitted to the Division. The Division will complete the transfer by sending a written confirmation. Note: The Transferor shall transfer all the information relating to biosolids application for the site to the new persons.
64.11 RESERVED
64.12 CLASSIFICATION AND USE OF BIOSOLIDS
A. Metals Based Classification of Biosolids.
Arsenic 41 (37)
Cadmium 39 (35)
Copper 1500 (1339)
Lead 300 (286)
Mercury 17 (17)
Molybdenum Nickel 420 (375)
Selenium 100 (89)
Zinc 2800 (2499)
Table 3 - Pollutant Concentration Limits Pollutant mg/kg, dry weight basis Arsenic 41 Cadmium 39 Copper 1500 Lead 300 Mercury 17 Molybdenum Nickel 420 Selenium 100 Zinc 2800 1 As a result of a ruling by the United States Court of Appeals for the District of Columbia Circuit on March 3, 1998, the selenium limit set forth in Table 1 is stayed with respect to the City of Pueblo’s land application of biosolids at public contact sites with low potential for child occupancy.
B. Pathogen Destruction Criteria.
C. Vector Attraction Reduction (Biosolids Stability) Criteria.
64.13 STORAGE OF BIOSOLIDS – LONG TERM
A. Notice of Authorization for the Use and Distribution of Biosolids Required. No person shall store biosolids unless a Notice of Authorization for the Use and Distribution of Biosolids has been issued by the Division pursuant to section 64.10 for such storage.
B. Exemptions. The requirements of this section shall not apply to the following:
C. General Requirements for Storage. No person shall use any facility for biosolids storage unless the facility, and the biosolids to be stored therein, meet the following requirements:
D. Storage Requirements for Liquid Biosolids. Facilities for the storage of liquid biosolids shall comply with the Waste Impoundment criteria described in section 9 of the Regulations pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
E. Storage Requirements for Dewatered Biosolids. Facilities for the storage of dewatered biosolids shall be operated in a manner which will prevent windblown biosolids from escaping the storage facility, and shall comply with either of the following requirements:
64.14 DISTRIBUTION AND MARKETING OF BIOSOLIDS
A. Distribution of Biosolids for Unrestricted (Lawn and Home Garden) Use
B. Distribution of Biosolids for Restricted Use
Table 4 – Annual Pollutant Loading Rate Limits Pollutant kg/ha (lbs/ac)
Cadmium 1.90 (1.70)
Copper 75.00 (66.94)
Lead 15.00 (13.39)
Mercury 0.85 (0.76)
Molybdenum Nickel 21.00 (18.74)
Selenium 5.00 (4.46)
Zinc 140.00 (124.96)
64.15 USE OF BIOSOLIDS FOR AGRICULTURE AND RECLAMATION
A. Land Application of Biosolids.
B. Notification Requirements for Preparers and Appliers.
C. Application Near State Waters.
TABLE 5 – APPLICATION NEAR STATE WATERS No application within 1 linear mile upgradient from a point at which surface water is diverted for use in a public water system, unless the requirements in section 64.15(C)(1)(a) or (b) are met. No application upgradient and within 300 feet of a reservoir classified for Class 1 Recreational Use by the Water Quality Control Commission (generally, lakes and streams frequently used for swimming, rafting, kayaking, tubing, windsurfing and water-skiing – activities where ingestion of small quantities of water is likely to occur).
D. Groundwater.
E. Slopes and Application Requirements.
TABLE 6A. - SLOPE AND APPLICATION REQUIREMENTS FOR AGRICULTURAL LAND percent slope less than six percent solids content six percent or greater solids content level to five no limitation on application method no limitation on application method percent slope except as otherwise specified within except as otherwise specified within this this section 64.16 section 64.16 greater than incorporation within 24 hours, no limitation on application method five to nine subsurface injection or approved site except as otherwise specified within this percent slope operating plan section 64.16 greater than subsurface injection or approved site surface application if vegetative cover is nine to fifteen operating plan established or if uniform crop residue percent slope cover of greater than 60%,or approved site operating plan
F. Application to Frozen, Ice-Covered, or Snow-Covered Ground.
G. Soils.
H. Nutrient Management.
NH4 - N = Ammonia-nitrogen in biosolids(%)
NO3 - N = Nitrate-nitrogen in biosolids (%)
I. Crop Restrictions.
J. Access Restrictions.
64.16 MONITORING AND ANALYSIS
A. Biosolids Monitoring.
TABLE 7. - FREQUENCY OF BIOSOLIDS SAMPLE COLLECTION AND ANALYSIS ANNUAL BIOSOLIDS PRODUCTION(dry short tons/year) FREQUENCY less than 319 once per year 319 to less than 1,650 once per quarter 1,650 to less than 16,500 once per two months 16,500 and greater monthly
B. Soils Monitoring.
TABLE 9. - SOILS FERTILITY ANALYSES AND REPORTING UNITS PARAMETERS UNITS PARAMETERS UNITS pH standard units conductivity mmhos/cm ammonium as N mg/kg organic matter percent nitrate as N mg/kg available phosphorus ppm extract total phosphorus mg/kg
C. Additional Monitoring.
64.17 RECORDKEEPING AND REPORTING
A. Recordkeeping.
B. Annual Report Submittal.
C. Certification.
64.18 - 64.20 RESERVED
64.21 STATEMENT OF BASIS, SPECIFIC STATUATORY AUTHORITY, AND PURPOSE
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S., (1989 Repl. Vol. and 1993 Supp.) provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., (1988 Repl. Vol. and 1992 Supp.), the following Statement of Basis and Purpose.
BASIS AND PURPOSE There are a number of statutory provisions which authorize the regulation of biosolids by the Department of Health. Prior to the 1993 legislative session these included the Department's general rulemaking authority found at Section 25-1-107 C.R.S. (1973 Repl. Vol, 1981 Supp.) and the Solid Waste Disposal Sites and Facilities Act, 30-20-101 et seq., C.R.S. (1973 Repl. Vol., 1981 Supp.). The former provides authority allowing the Department to “establish and enforce minimum general sanitary standards as to the quality of wastes discharged upon land and the quality of fertilizer derived from the excreta of human beings or from the sludge of sewage disposal plants.”, C.R.S. 1973, 25-1-107(1)(e) (Supp. 1981). More specific authorities are contained in the Solid Wastes Disposal Sites and Facilities Act. The Solid Wastes Disposal Sites and Facilities Act defines sludge from waste treatment plants as solid waste ( §30-20-101(6)). The Act requires that “Any person who owns or operates a solid wastes disposal site and facility shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such site and facility is located.”, ( §30-20-102(1)). Further, “Solid Wastes disposal by any person is prohibited except on or at a solid wastes disposal site and facility for which a certificate of designation has been obtained as provided in section 30-20-105.”, ( §30-20-102(2)). The certificate of designation process is intended to address the siting and operation of landfills and similar activities. The legislature recognized that the certificate of designation requirement was inappropriate for certain modes of waste recycling and utilization and therefore amended the statute in 1986. This amendment provides an exemption for the certificate of designation requirement for “the final use for beneficial purposes, including fertilizer, soil conditioner, fuel, and livestock feed, of sludge which has been processed and certified or designated as meeting all applicable regulations of the department and the department of agriculture shall not require a certificate of designation for such final use.”, ( §30-20-102(6)). Other modes of sewage sludge disposal (i.e. incineration or dedicated disposal) remained subject to the certificate of designation requirement.
The Department convened a task force in 1977 made up of state and local health professionals, academics, consultants, public interest group representatives and members of the regulated community. The group was charged with the development of the mechanism necessary to implement the certificate of designation exemption. This group produced a document entitled Guidelines for Sludge Utilization on Land. This document was jointly adopted by the Colorado Board of Health and the Water Quality Control Commission in 1979. Compliance with the criteria contained in the document was voluntary. Moreover, because the document was adopted as guidance, and not as regulation, the Attorney General's Office determined that the document was inadequate to constitute implementation of the certificate of designation exemption at Section 30-20-102(6) of the Solid Wastes Disposal Sites and Facilities Act. The task force was reconstituted in 1981 and began a comprehensive revision of the guidelines. The product was the Colorado Domestic Sewage Sludge Regulation, 5 CCR 1003-7, adopted by the Board of Health in 1985. The regulations represented the incorporation of the Guidelines for Sludge Utilization on Land with criteria contained within a number of guidance documents and regulation produced by the United States Environmental Protection Agency during that period. The Statement of Basis and Purpose which was adopted by the Board of Health when the Domestic Sewage Sludge Regulations were initially adopted in 1985 embodied a policy promoting the beneficial use of biosolids. Specifically the following comment was incorporated into the Statement of Basis and Purpose:
“an environmentally sound solution to sludge disposal problems is utilization of stabilized sludge on land for agriculture, silviculture or reclamation”
It is the intent of the Water Quality Control Commission that this regulation further promote the beneficial use of biosolids by providing a comprehensive framework of criteria, compliance with which assures a degree of operational management and a product of a quality compatible with the state's goals of protecting the public health and the environment.”
The Solid Wastes Disposal Sites and Facilities Act was amended in 1986 to establish a fee system to support implementation of the regulations ( §30-20-110.5). This authority continues to provide the statutory basis for the program fee system. The regulations were amended in 1987 to provide a mechanism to implement the fee system. The fee system provisions will remain a primary feature of a regulation separate from this which is to be retained under Board of Health Authority. The Domestic Sewage Sludge Regulations were amended a second time in 1987 to provide for issuance of Notices of Authorization to Apply Domestic Sewage Sludge. Prior to this revision the regulations were self-implementing. Submittal of a Letter of Intent to Apply Domestic Sewage Sludge, by the sludge producer, to the Department was required. If, within a specified time frame, the department did not notify the applicant of deficiencies in the Letter of Intent, the producer could begin sludge application. A number of producers found this mechanism to be lacking. There was a desire on the part of the producers to be provided a permit-like instrument which would serve to document their compliance with the regulatory criteria. There existed a similar desire on the part of the public. The regulations were therefore amended to create the Notice of Authorization to Apply Domestic Sewage Sludge, a permit-like document. The regulations were again amended in 1990 to provide criteria for the beneficial use of sludges derived from the treatment of municipal raw water sources with aluminum or iron compounds. As with the fee system provisions, the water treatment sludge provisions of the Domestic Sewage Sludge Regulations are to remain within a separate regulation to be promulgated by the Board of Health under Solid Wastes Disposal Sites and Facilities Act authority.
An amended version of the Domestic Sewage Sludge Regulations is to be promulgated by the Board of Health. It is anticipated that this action will take place at a November 17, 1993 rulemaking. The effective date of this revised rule will correspond to that of this regulation. The revised Domestic Sewage Sludge Regulations, as previously discussed, will retain only those criteria and requirements which are germane to the beneficial use of water treatment sludges and to the state sludge management fee system. All other provisions of the Domestic Sewage Sludge Regulations are expected to be rescinded by the Board. As the Colorado Municipal Sludge Management Program was evolving so too were federal efforts at rulemaking. The EPA initially promulgated regulations applicable to the beneficial use of sewage sludge in 1979. These regulations appeared at 40 CFR Part 257. The federal technical criteria were incorporated into the 1985 Colorado Domestic Sewage Sludge Regulations. The Part 257 regulations were intended by the EPA to provide the foundation for comprehensive regulations addressing sludge use and disposal. The Clean Water Act reauthorization of 1987 provided the impetus for a second round of federal rulemaking.
The EPA on May 2, 1989 amended regulations at 40 CFR Parts 122, 123, and 124 and promulgated new regulations at 40 CFR Part 501. These regulations address implementation of what were then anticipated federal sewage sludge criteria to be promulgated at 40 CFR Part 503. Specifically the revisions to Parts 122 through 124, and the newly promulgated Part 501, require implementation of federal sludge use and disposal requirements through EPA issued National Pollutant Discharge Elimination System permits or through NPDES permits or equivalent permit-like instruments issued by delegated states. Colorado holds primacy for the NPDES program and issues Colorado Discharge System permits (CDPS permits). The State may select that implementation option which most readily integrates into an existing program structure. Unlike a number of other programs, assumption of sludge program delegation is not required of states which hold NPDES delegation. The State could opt to allow the EPA to implement federal sludge program requirements through “permit riders” attached to Colorado Discharge Permit System permits. The Part 501 regulations also allow what is termed “partial program delegation”. The federal regulations divide sludge use/disposal into three areas: land application, surface disposal, and incineration. These distinctions correspond fairly closely to the beneficial use/dedicated disposal Division which has evolved within the Colorado programs regulating sludge use. Partial program delegation would allow delegation of program implementation responsibilities for any or all of the three program areas. It is the State's intent to seek delegation of the land application and surface disposal portions of the federal program. This rulemaking will expedite delegation of the former. The Wastewater Utilities Council and the Water Quality Forum, groups representing the regulated community, have actively supported this position. The promulgation of the federal delegation requirements in 1989 allowed the Department to review its existing program structure in terms of those requirements. This review identified a significant deficiency. Regardless of whether the State assumes delegation of the federal sludge management program as a component of its existing NPDES program or as an independent program, the federal regulations promulgated in 1989 require the Department's enforcement capability to be equivalent to that necessary for NPDES delegation. These authorities must include administrative remedies for non-compliance (i.e. cease and desist orders), and the ability to impose civil penalties of up to $5,000 per day for each violation and criminal penalties of up to $10,000 per day of violation. The Department lacks such authorities under to Solid Wastes Disposal Sites and Facilities Act. The State's Water Quality Control Act, however, includes a level of enforcement authority which is adequate to support delegation. The Department considered either amendment of the Solid Waste Disposal Sites and Facilities Act, thereby developing a level of enforcement authority which is adequate to meet the requirements for delegation, or amendment of the Water Quality Control Act to provide the Commission the authority to regulate sludge use and disposal. After discussions both internal and external to the Department, the decision was made to pursue the second option. Senate Bill 182, legislation amending the Water Quality Control Act, was drafted and carried forward by a coalition consisting of the Wastewater Utility Council, the Water Quality Forum, and the Department. SB 182 was adopted during the 1993 legislative session. In addition to providing rulemaking authority to the Commission, SB 182 also introduces the term “biosolids” into the Water Quality Control Act. The term has been defined to mean a residual product which is no longer a waste but rather a recylable commodity. The concept originated within the wastewater treatment industry in an attempt to disassociate biosolids from other, sometimes hazardous wastes which have historically been lumped together as “sludge”. The Biosolids Regulations address criteria and procedures for the beneficial use of biosolids. The EPA promulgated comprehensive technical criteria for the beneficial use of biosolids and for several modes of sludge disposal at 40 CFR Part 503. The Part 503 regulations were promulgated on February 19, 1993. The Colorado Biosolids Regulations represent an integration of that portion of the federal Part 503 regulations dealing with beneficial land application with the criteria and administrative processes from the State's Domestic Sewage Sludge Regulations.
The technical criteria for molybdenum and selenium promulgated by EPA at 40 CFR Part 503 are currently the subject of ongoing litigation at the federal level. Climax Metals Company and the City of Pueblo are parties to the Commission's rulemaking and are litigants in the federal court action. Alternate proposals put forth by these parties incorporate either alternate numeric standards for molybdenum which are greater than the Part 503 criteria (Climax) or delete any numeric criterion for selenium (Pueblo). Adoption of these proposals would result in the state's regulation being less stringent than currently effective federal requirements. It is the intention of the commission, upon resolution of those federal actions, to incorporate appropriate revisions to this regulation. It is the Commission's intent that these modifications proceed as expeditiously as possible. Should the federal litigation result in either administrative or judicial stays of the effectiveness of the molybdenum or selenium portions of the federal rule, the Commission will schedule a rulemaking hearing, including an emergency rulemaking if warranted, to consider similar action.
The Water Quality Control Division convened a series of public meetings after this regulation was initially noticed. These meetings were held with the intent of soliciting public input regarding the proposed regulation. It is the preference of both the Commission and the Division that such meetings proceed the public notice of a proposed regulation. The juxtaposition of the 1993 legislative action and the Commission's schedule, however, necessitated that the meetings followed the initial proposal. As a result of comment received at those hearings, as well as written comments solicited by the Division, a series of modifications have been incorporated into the regulation. The terminology used to reference Division issued approvals for the use of biosolids has been modified so as to retain, to a degree, nomenclature developed under the old Domestic Sewage Sludge Regulations. Approvals are now referred to as “Notices of Authorization for the Use and Distribution of Biosolids” as opposed to “Permits for the Use and Distribution of Biosolids”. Approvals granted under the Domestic Sewage Sludge Regulations were referred to as “Notices of Authorization to Apply Domestic Sewage Sludge”. This modification is intended to minimize any confusion which might arise between references to CDPS permits and to the biosolids permitting mechanism. A feature of the federal regulations (40 CFR 501) is the requirement that the permit or permit equivalent document receive public notice. It is the State's intent to implement the federal program requirements through a combination of existing mechanisms. Notices of Authorization will continue to be issued on a site by site basis and will focus on those management, monitoring and reporting requirements which are unique to the state Biosolids Regulations. Broader requirements which are not specific to a given land application site, and which flow from the federal Part 503 regulations will be integrated into the CDPS permit. The CDPS permit will incorporate those elements for which public notice is required. Nonetheless, it should be noted that the Notice of Authorization is intended as a permit or permit equivalent mechanism as that term is utilized in 40 CFR 503.
Notices of Authorization for the Use and Distribution of Biosolids shall not be issued if they would allow a violation of any water quality standards promulgated by the State of Colorado for surface or groundwater, or would violate a control regulation. Nothing in this regulation is intended to affect any requirements specified in any control regulation and in particular the Che0rry Creek Reservoir Control Regulations, 4.2.0 (5 CCR 1002-19). The Cherry Creek Reservoir Control Regulations require that whenever a discharger requests a compliance schedule in connection with a permit issuance or permit renewal, the discharger shall notify the Cherry Creek Basin Water Quality Authority of that request, solicit Authority comment, and submit evidence of that notice to the Division. Thus the Authority shall continue to be notified and may comment on permit-based compliance schedules issued pursuant to this regulation. Requirements for the submittal and contents of applications for Notices of Authorization, referred to as “Letters of Intent for the Use and Distribution of Biosolids”, have been restructured to address three possible use scenarios; unrestricted use, restricted use of bagged and containerized biosolids, and agricultural or reclamation use. The first two options involve the distribution and/or marketing of biosolids to the public. Distribution to the public limits control over appropriate usage of the product. The public noticed version of the regulation proposed different submittal requirements based upon the level of public exposure to the product. This distinction is not, however, crucial to determination of the appropriate regulatory criteria. The regulation now differentiates between the Letter of Intent submittal requirements based upon the metal content (grade) of the biosolids. This restructuring more closely conforms with federal regulatory requirements and is more easily understood by the applicant. It should be noted that the required issuance of a Notice of Authorization for the public distribution of biosolids is applicable to the facility producing or preparing biosolids for public distribution. Individuals who purchase or otherwise receive biosolids prepared and distributed in accordance with applicable provisions of these regulations are not required to obtain individual notices of authorization. The federal Part 503 regulations identify a series of compliance dates applicable to various portions of the federal regulation. Federal monitoring and reporting requirements became effective on July 20, 1993. Compliance with the remaining applicable portions of Part 503 is required no later than February 19, 1994, unless construction of additional facilities is necessary. In the latter instance the compliance deadline is extended to February 19, 1995. Section 4.9.7 Has been amended to identify February 19, 1994 as the effective date of the regulations. Section 4.9.6 Has been modified so as to identify the variance process as the mechanism through which the Division will implement the compliance deadline extension in those instances where construction is required to achieve compliance. Section 4.9.12.A(3) is modified to provide more appropriate monitoring requirements in instances where biosolids exceed a numeric metals criterion for either Grade I or II and subsequently experience a decrease in metals content such that compliance with the Grade I or II criterion is once again achieved. Comments were submitted to the Division which questioned the need for the provisions appearing at 4.9.15.A(2)(b)(ii) and (iii), and at 4.9.15.B(1)(c) and (d). These paragraphs identify maximum numerical limits for PCBs and for total alpha activity in the biosolids. Should levels of these parameters exceed the numeric criteria identified, disposal of the material is regulated by other regulations. There are no monitoring requirements associated with these criteria as previous monitoring has indicated the likelihood of biosolids exceeding either criterion to be minimal. The Commission, nonetheless, is of the opinion that there is significant informational value in the retention of these criteria in the regulation. The Board of Health is currently engaged in a rulemaking addressing “Naturally Occurring Radioactive Materials”. The result of that rulemaking will necessitate the review and, potentially, the revision of this regulation. A significant concern identified by commenters was that cultivated lands or rangeland could be excluded from application if it is subject to periodic inundation during storm events. A notation has been inserted into the definition of “state waters” with the intent of eliminating any confusion which might arise as to the exclusion of runoff from cultivated drainages or vegetated range from the definition of “state waters” until such point as that runoff enters a water body.
Section 4.9.15.F, has had additional language inserted which requires consideration of all potential nitrogen sources when application rates for biosolids are determined. The Division has identified instances where biosolids application has been supplemented by application of manures, fertilizers, or other nitrogen sources. Excessive nitrogen application contributes to nitrate contamination of groundwater. These additional nitrogen sources must now be accounted for in determination of the appropriate biosolids application.
The regulation also specifically allows the Division to require deep soil (5 foot) monitoring for nitrates (4.9.16.B) on a case by case basis. The Division may consider past and present biosolids application rates as well as application of other nitrogen sources, soil texture and depth, groundwater depth and use, and other relevant factors in determining applicability of deep soil monitoring requirements. This requirement is also intended to address problems associated with past or potential overapplication of nitrogen and to identify instances of overapplication in a timely fashion. Section 4.9.17.B has been modified to relax reporting frequencies to correspond to the annual reporting requirement of 40 CFR 503. Additional language now appears at 4.9.17.D, however, requiring expedient notification to the Division upon instances of significant noncompliance. Language has been inserted in Section 4.9.12.B(8) in response to comment received from the City of Pueblo. This modification is intended to clarify the time and temperature requirements for aerobic and anaerobic digestion of biosolids. The City had also proposed identification of long term stabilization as a Process to Further Reduce Pathogens (PFRP). The Domestic Sewage Sludge Regulations had included provisions which did so. This provision was a unique feature of the Colorado regulations and had no corresponding provision in federal regulations. The 40 CFR 503 regulations do not recognize long term stabilization as a PFRP. Section 4.9.12.B(8)(b)(vi) does, however, allow the permitting authority to certify processes which are not specifically identified in the regulation as equivalent to PFRP. Until delegation occurs that authority is vested with the EPA. That agency, the state, and the City of Louisville are in the process of defining the operational parameters applicable to long term stabilization which, when met, demonstrate a level of pathogen destruction consistent with the PFRP designation. It is expected that certification for long term stabilization will be finalized shortly. Requirements applicable to short term storage of biosolids at an application site have been incorporated into Section 4.9.13.F. Previously the regulatory requirements addressed only relatively permanent storage facilities. Several commenters noted that weather conditions may, on occasion, necessitate short term on-site storage. Section 4.9.13.F identifies criteria applicable to such circumstances. The regulations had also contained criteria for both storage and for application on various slopes which utilized a sixteen percent solids content criterion to distinguish between various applicable criteria. The Domestic Sewage Sludge Regulations had included several management requirements which were based upon the sixteen percent criterion. It had been assumed that biosolids with a solids content of greater than sixteen percent would generate only a minimal amount of free liquid. It is the experience of several parties, and of the Division, that a fourteen percent solids content criteria is, in fact, appropriate. The fourteen percent criterion has been incorporated into the storage requirements at 4.9.13 and the management requirements relative to application on sloping land at 4.9.15.D. Several parties have also suggested that the soil depth criteria, as it appeared at 4.9.15.F(2), was inflexible and did not recognize various reclamation scenarios. The soil depth criterion has been restructured to recognize beneficial use for reclamation and to provide requirements for agricultural use on both irrigated and dryland crops.
1. Metro Wastewater Reclamation District 2. Climax Metals Company 3. City of Fort Collins 4. Littleton-Englewood Wastewater Treatment Plant 5. City of Pueblo 6. Cherry Creek Basin Water Quality Authority 7. City of Colorado Springs
64.22 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (July, 1994
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S., (1989 Repl. Vol. and 1993 Supp.) provide the specific statutory authority these amendments to the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., (1988 Repl.
Vol. and 1992 Supp.), the following Statement of Basis and Purpose. BASIS AND PURPOSE The Water Quality Control Commission adopted the Colorado Biosolids Regulations, 4.9.0 on November 2, 1993. While the regulations were being heard there was also ongoing litigation at the federal level concerning the technical basis for numeric molybdenum criteria contained in the federal sludge regulations at 40 CFR Part 503. The Commission opted to incorporate the federal numeric molybdenum standards into the Biosolids Regulations as they appeared in the Part 503 regulation at that time. The Statement of Basis, Specific Statutory Authority, and Purpose ( § 4.9.18) adopted anticipated potential future action relative to the federal molybdenum standards and indicated the Commission's intention to consider similar action. The Administrator of the United States Environmental Protection Agency on February 18, 1994 announced amendments to the 40 CFR Part 503 regulations. These amendments became effective the following day. The modification deletes annual and cumulative loading limits for molybdenum as well as the molybdenum concentration limit which corresponds to the state's Grade I molybdenum limit. The maximum allowable molybdenum concentration limit (Grade 2) remains unaffected by the federal amendments. This amendment to the Biosolids Regulations provides conformance with the revised federal criteria for molybdenum.
The state regulations at § 4.9.10.A(3)(d) and at § 4.9.15A(5) also require a determination of historic metals loadings to land application sites as part of the permitting process. Sites which have previously received biosolids after July 31, 1993 must have loadings of arsenic, cadmium, chromium, copper, lead, mercury, nickel, selenium and zinc quantified. This amendment deletes molybdenum from that requirement. Monitoring for molybdenum levels in biosolids, products derived from biosolids and application site soils are, however, retained as a feature of the regulation. The Commission anticipates that these provisions will be reassessed again in the future, following further consideration and action concerning this issue by EPA.
64.23 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (January,
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S., (1989 Repl. Vol. and 1993 Supp.) provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., (1988 Repl. Vol. and 1992 Supp.), the following Statement of Basis and Purpose.
BASIS AND PURPOSE The Colorado Water Quality Control Commission adopted the Colorado Biosolids Regulation, 4.9.0 on November 2, 1993. Subsequently, Water Quality Control Division and the Colorado Attorney General's Office staff developed the additional materials necessary to request delegation of the National Sludge Management Program. During the development of the delegation package several items were identified which had either been omitted from the regulation, or for which clarification is appropriate. A number of additional changes are best characterized as corrected or expanded cross references, or as minor corrections, and are not addressed below.
Section 4.9.3.B is amended to ensure that any facility or person treating or using biosolids, including a treatment works treating or applying biosolids which are generated elsewhere, are subject to the requirements of the regulation.
Language is also added at Section 4.9.3, as well as at Section 4.9.9.K, to clarify the applicability of the regulation and to modify the definition of biosolids to conform with the definition which appears in the Water Quality Control Act. Language added to section 4.9.3 excludes “hazardous sewage sludge” from the regulation. This language is added so as to restrict the applicability of the regulation in a manner which is consistent with the federal regulation at 40 CFR 503. The Metro Wastewater Reclamation District raised a concern relative to a potential interpretation of the applicability section (4.9.3) and the biosolids definition to absolutely exclude grit, screenings or grease. The District noted that while it is appropriate to exclude those grit or screenings which are generated during primary treatment processes, a fraction of the materials which are typically characterized as grit and screenings are not removed during primary treatment and ultimately become a component of the treated biosolids. Similarly, there is some grease present in biosolids which is not removed earlier in the treatment process, or which has been re-introduced into the biosolids treatment train to enhance the efficiency of biosolids treatment processes and/or as an alternative to other disposal options. The criteria contained in the Biosolids Regulation are not applicable to the land application of grit or screenings removed during the primary treatment of domestic wastewater. Nor are they applicable to the land application of grease removed during the treatment of domestic wastewater which is not treated in a biosolids treatment unit, or from other sources. The land application of these materials, should such an activity be undertaken, would be subject to the requirements of the Colorado Regulations pertaining to Solid Waste Disposal Sites and Facilities. It is the intent of the Commission that the land application of these materials be clearly excluded from the Biosolids Regulation. It is not the Commission's intent to bar the land application of biosolids which may contain grease or insignificant amounts of grit which is present as a result of normal treatment operations and which meets all applicable state and federal requirements for land application.
The definition of “Annual Biosolids Application Rate” at 4.9.9.E is amended to address multi-year cropping practices, i.e. dryland wheat.
Language is added at 4.9.15.B to conform with federal requirements that the preparer of the biosolids provide the applier with the information necessary to allow the applier to determine the appropriate means to maintain compliance with the regulation. Section 4.9.15.B(3) is specifically added so as to assure conformance with federal requirements at 40 CFR 503.7 which require the preparer to assure that all applicable regulatory requirements are met.
Section 4.9.15.C is amended to specify a required 30 foot separation between a biosolids application area and a dry streambed. Federal regulations require a ten meter separation between land to which biosolids are applied and Waters of the United States. Dry streambed have been determined to be Waters of the United States and are therefore subject to the 10 meter requirement. Table 4 is amended to allow application of biosolids of less than fourteen percent solids by subsurface injection to sites which exhibit a surface slope of greater than nine to fifteen percent. Such application was allowed under the Domestic Sewage Sludge Regulations, which proceeded this regulation, and has been demonstrated to be an acceptable application method on slopes of less fifteen percent or less. Table 6 is amended to specify that the frequency of required monitoring is based upon the annual biosolids production expressed as “short” tons as opposed to “metric” tons. Language is added to Section 4.9.17.A(1)(c) to require documentation that the biosolids producer has provided notification to the applier of information necessary to comply with the requirements of the regulation be maintained in producer records.
A specific certification statement is added at Section 4.9.16.C(3) to address instances where the producer is not also the applier of the biosolids.
Comments were submitted during the public notice period suggesting the addition of language clarifying state regulatory requirements relative to co-disposal of biosolids at municipal solid waste facilities. The author correctly pointed out the federal regulations at 40 CFR Part 258 address co-disposal. Similarly, co- disposal of biosolids is addressed within the state regulatory framework via the Colorado Regulations pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1007-2. Criteria contained within the Colorado Biosolids Regulation do not apply to biosolids which are co-disposed with other wastestreams in municipal solid waste facilities. Section 4.9.3 specifically limits the applicability of the Biosolids Regulation to biosolids which are used beneficially. Co-disposal is not considered beneficial use and is therefore not governed by this regulation. It should be noted that the application of biosolids at a municipal solid waste facility for the purpose of reclaiming closed portions of the facility is considered beneficial use. The requirements of the Biosolids Regulation would be applicable in that instance. The Commission adopted the Biosolids Regulation on November 2, 1993. While the regulation was being heard there was also ongoing litigation at the federal level concerning the technical basis for numeric chromium and selenium criteria contained in the federal regulations at 40 CFR Part 503. The Commission opted to incorporate the federal chromium and selenium standards into the Biosolids Regulation as they appeared in the federal Part 503 regulations at that time. The Statement of Basis, Specific Statutory Authority, and Purpose (section 4.9.18) adopted with the November 2, 1995 Biosolids Regulation anticipated potential future action relative to the federal chromium and selenium standards and indicated the Commission's intention to consider appropriate action upon resolution of the issues relating to the federal standards.
The United States Court of Appeals for the District of Columbia Circuit issued a decision on November 15, 1994 concerning the technical basis for the chromium and selenium limitations set forth in the 40 CFR Part 503 regulations. See Leather Industries of America, Inc. v. Environmental Protection Agency, 40 F.3d 392 (D.C.Cir. 1994). The Court held that the chromium and selenium “clean sludge” caps (40 CFR 503.13, Table 3), equivalent to the Colorado Grade I maximum metals concentrations identified at section 4.9.12.A(1), Table 1 of the Biosolids Regulation, were developed in a manner which exceeded EPA's statutory mandate because they were not based upon risk to human health or to the environment. The Court remanded the “clean sludge” numeric limits, as well as the maximum concentration limits (40 CFR 503.13, Table 1; section 4.9.12.A(1), Table 1 Grade II limits) and the annual loading limits (40 CFR 503.13, Table 4; section 4.9.14.B(2)(c)(i), Table 2) for chromium and selenium to EPA for “modification or additional justification”. Following the Court's decision, the City of Pueblo petitioned the Commission to amend the Biosolids Regulation to delete the remanded federal “clean sludge” limitations for chromium and selenium and the maximum concentration limit for selenium. The City's petition resulted, in part, in this rulemaking.
The USEPA, on October 25, 1995 promulgated amendments to the federal sludge management regulations at 40 CFR Part 503 which partially implement the Court's decision in Leather Industries. (60 Fed. Reg. 54764). These revisions address maximum allowable concentration limits, annual pollutant loading limits, and cumulative pollutant loading limits for chromium and “clean sludge” concentrations for selenium. All numeric limitations for chromium were struck from the Part 503 rule. The EPA action relaxed the federal Table 3 limitation for selenium from 36 mg/kg to 100 mg/kg. These revisions to the Colorado Biosolids Regulation incorporate revisions to the Grade I and Grade II metals concentration limits identified in Table 1, section 4.9.12.A, to the annual pollutant loading limits expressed in Table 2, section 4.9.15.B, and the cumulative pollutant loading limits in Table 3, section 4.9.15.A so as to conform with the federal rule.
With regard to the maximum concentration and annual loading limitations for selenium which were remanded to EPA, the City of Pueblo and EPA have been negotiating an amendment to the federal regulation which will establish variance procedures to allow the use of biosolids exceeding the maximum ceiling concentration (Colorado Grade II) where (1) the high concentration of a metal in the biosolids is due to unusual natural conditions and (2) the permitting authority adopts an alternative ceiling concentration sufficient to protect public health and the environment based upon the intended use and the risk assessments that reasonably apply to such use. EPA has expressed an intention to publish a proposed amendment to the federal sludge regulations in early 1996 for the purpose of incorporating this variance procedure, and to thereafter adopt the variance procedure in a final rule to be published after the close of a 60 day comment period. As a consequence of these factors, and in order to avoid delaying delegation of federal program authorities to the State, the City of Pueblo has withdrawn, for purposes of this rulemaking, its request to delete the remaining selenium limits in Tables 1 and 2. It is the Commission's intent to subsequently conduct a future rulemaking to either consider incorporation of the EPA variance procedure when finally adopted, or to consider other resolution of the selenium issue should negotiations between EPA and the City fail. During the interval between EPA adoption of a variance procedure and a new Commission rulemaking to consider incorporation of those procedures into the Biosolids Regulation, the Division has indicated that the EPA approved procedure will be applied under the existing authority of section 4.9.6.
1. The Metro Wastewater Reclamation District 2. The City of Pueblo
64.24 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE
The provisions of section 25-8-202(1)(d) and 25-8-501 to 504; C.R.S., provide the specific statutory authority for adoption. The Commission also adopted, in compliance with Colorado Revised Statute Section 24-4-103(4) C.R.S., the following statement of basis and purpose of these amendments. BASIS AND PURPOSE The Commission added a new sentence to section 4.9.5 to comply with incorporation by reference provisions of the Administrative Procedure Act, section 24-4-103 (12.5)(c).
64.25 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE; JULY, 1997
64.26 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE (December,
The provisions of sections 25-8-202(1)(c), 25-8-205(1)(e), 25-8-501 to 504, and 25-8-509; C.R.S., provide the specific statutory authority for adoption. The Commission also adopted, in compliance with section 24- 4-103(4) C.R.S., the following statement of basis and purpose of these amendments. BASIS AND PURPOSE The Colorado Water Quality Control Commission adopted the Colorado Biosolids Regulation 4.9.0 on November 2, 1993. Subsequently, the Commission convened an informational hearing concerning the Biosolids Regulation on December 9, 1996 as part of the triennial review. A number of issues were identified at the December 9, 1996 informational hearing and were considered in this rulemaking hearing. These include applicability of Colorado permitting requirements to out-of-state biosolids, concerns with the distribution and/or marketing of liquid biosolids in Colorado, adequacy of current slope and setback criteria in the regulation, and expanded pathogen monitoring requirements for Class A biosolids. Additionally, the regulation is restructured slightly to combine phosphorus and nitrogen requirements into a single section addressing nutrient management concerns. Finally, there are a number of corrected or expanded cross references, which are not addressed any further. Comments submitted to the Division from out-of-state producers of biosolids products marketed in Colorado requested waiver of the Notice of Authorization for the Use and Distribution requirement, and a concomitant $2.40 per dry ton fee assessed for the biosolids which are beneficially used in the state. Comments submitted asserted that Colorado’s regulatory requirements are equivalent to the requirements imposed by a regulatory agency in the state where the biosolids originated, and therefore, duplication of regulatory requirements is not necessary. In June, 1997, Division staff met with stakeholders to address this issue. The consensus was to keep the regulatory requirements of the regulation the same, and continue to assess the $2.40 per dry ton fee for all biosolids beneficially used in Colorado. Justification for this is that state requirements where the biosolids originated from are, in fact, sometimes different than Colorado’s requirements. Additionally, participants strongly felt that there is a need for local (in-state) sampling and analysis to confirm product quality. The Commission agrees with these conclusions and therefore has made no changes to the regulation in this regard. Currently, the Biosolids Regulation allows the distribution and marketing of any product which meets Class A pathogen requirements, Grade I pollutant limitations, and appropriate Vector Attraction Reduction criteria. To date biosolids which have been distributed or marketed to the public have included composted or heat dried products. Questions have arisen as to the appropriate regulatory controls for a product which meets these requirements but is in a liquid form. A facility operating plan is required in the regulation at section 64.10.A(1)(e) to describe the distribution and marketing of biosolids to the public. In addition, the Division may also require in the operating plan, that a facility address handling and transportation of liquid biosolids. Therefore, the Commission does not believe that this aspect of the regulation requires modification at this time.
Agate and Deer Trail Soil Conservation District representatives voiced their concern, in both correspondence and at the informational hearing on December 9, 1996, over soil erosion problems at a property owned and operated by the Metro Wastewater Reclamation District where biosolids are being applied to the land for beneficial use. The Commission at that time asked Division staff to meet with the Agate and Deer Trail Soil Conservation Districts to discuss their concerns. The initial meeting occurred on May 29, 1997. Representatives of the Agate and Deer Trail Soil Conservation Districts, Metro Wastewater Reclamation District and other parties attended. The Soil Conservation Districts had two concerns; That the Universal Soil Loss Equation upon which previous criteria had been based is now out-of date, and that EPA’s use of the equation in the risk assessment upon which national criteria is based, did not take into account the intense rainfall events in eastern Colorado. A work-group was formed to evaluate these two issues. EPA ran the updated version of the Universal Soil Loss Equation (RUSLE ver 1.05) and included current rainfall data supplied by the Natural Resources Conservation Service. Analysis confirmed the adequacy of existing criteria for current slope and set-back requirements. Therefore, no changes to the current slope and set-back requirements are being adopted at this time. However, Tables 4 and 5 of the regulation have been modified per recommendations from the stakeholders group, to modify biosolids application methods identified in Tables 4 and 5 in order to minimize run-off from a site by maintaining established vegetative cover, crop residue cover, and/or organic matter on the soil surface and by allowing site specific management options to be considered. The parties to the hearing recognize the importance of site management planning to address the issue of soil loss. The parties also recognize that criteria contained within the regulation are statutorily constrained such that any criteria must reflect a human health and/or water quality basis. Such criteria may not, however, adequately address soil loss problems in all cases given the variability of soil types and slopes which could potentially be encountered. Further discussions among parties resulted in an agreement that representatives of the parties, in conjunction with the National Resource Conservation Service, the Colorado Association of Soil Conservation Boards, and other interested groups, develop a document identifying “Recommended Management Practices for Control of Soil Erosion and Surface Runoff at Biosolids Application Sites”. This document is intended to communicate information concerning erosion control practices and related issues to wastewater treatment facility staff, consultants, and biosolids management contractors. This document is not intended to be and will not be utilized as a basis to support mandated site management requirements but rather as a technology transfer device. The Division anticipates development of such document within a twelve to eighteen month timeframe. Representatives of the Soil Conservation Districts also indicated that there is often confusion on the part of the public as to where to direct complaints and/or inquiries. It is the Division’s intent to address this issue through the development of site specific fact sheets which would identify appropriate contacts and which would be distributed locally where application projects are ongoing. Based upon recommendations by the stakeholders group and the CSU’s Guide To Fertilizer Recommendation in Colorado, Section 64.16.B(4) of the regulation is modified to require that a soils analysis be comprised of 16 core hole samples per 320 acres. This is an increase from the current requirement in the regulation of 5 core holes samples per 320 acres. This increase in soil core hole samples would give a more representative sample of a site. The Division had proposed modification of the regulation to require that compliance with numeric pathogen criteria for Class A biosolids products be based upon the results of seven discrete samples. The basis for the Division’s proposal was that compliance with the Class B numeric criteria is based upon the geometric mean of seven samples and, because Class A biosolids products are made available to the public for use, the application of pathogen criteria to Class A products warrants an elevated level of conservatism. It should be noted that the language addressing the application of pathogen criteria to Class A biosolids currently mirrors the requirements of federal sludge management regulations at 40 CFR Part 503. The Division had proposed that additional language be adopted which would, in the Division’s interpretation, clarify the federal requirements.
Several parties objected to the Division’s proposal, questioning the Division’s interpretation of EPA guidance relative to the federal requirements. After meeting with the parties and EPA the Division has agreed to withdraw that portion of its proposal. It is agreed that the monitoring requirements in question will be explored in a white paper developed jointly by the Division, EPA Region VIII, and other interested parties. It is the intent of the parties and EPA that the white paper be submitted to the EPA’s Pathogen Equivalency Committee for their review and concurrence. The Division estimates that development of the white paper will be a year long process. EPA Region VIII expects the Pathogen Equivalency Committee review process to require an additional six months. The Division would anticipate that, should modification of the regulation be indicated, proposed changes would be offered as part of the next triennial review. The Division, in the interim, will contact instate producers of Class A products and notify them of this process. The Division’s notification will also identify existing requirements relative to the need for sampling which is representative of the treatment process utilized and procedures should any instance of non-compliance be identified.
Currently the Division sends a letter to the local Natural Resources Conservation Service office notifying them when permittees apply to the Department for a Notice of Authorization to land apply biosolids, on a site located within local district boundaries. This practice is one which has evolved at the program level, and is not a requirement of the regulations. The Division believes that this practice is beneficial and intends to continue it, but does not see a need to modify the regulation at this time. PARTIES TO THE RULEMAKING HEARING 1. Agate and Deer Trail Soil Conservation Districts 2. Littleton/Englewood Wastewater Treatment Plant 3. Metro Wastewater Reclamation District 4. Colorado Wastewater Utility Council
64.27 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; (January,
The provisions of sections 25-8-202(1)(c), 25-8-205(1)(e), 25-8-501 to 504, and 25-8-509; C.R.S., provide the specific statutory authority for adoption. The Commission also adopted, in compliance with section 24- 4-103(4) C.R.S., the following statement of basis and purpose of these amendments. BASIS AND PURPOSE The Commission convened an informational hearing concerning the Biosolids Regulation on July 14, 1999 as part of the triennial review.
Two issues were identified at the informational hearing and were considered in this rulemaking hearing. The issues are modifying the concentration limit for “selenium” for the City of Pueblo and removing requirements for “chromium” testing from the regulations. The United States Court of Appeals for the District of Columbia Circuit issued a decision on November 15, 1994, concerning EPA’s exceedence of its statutory mandate regarding the technical basis for chromium and selenium limitations set forth in the 40 C.F.R. Part 503 regulations. The USEPA, on October 25, 1995, promulgated amendments to the federal sludge management regulations at 40 C.F.R. Part 503. All numeric limitations for chromium were struck from the Part 503 rule. In January of 1996, the Commission adopted revisions to the Biosolids Regulation reflecting US EPA’s removal of chromium numeric limitations from the federal regulations. Chromium monitoring had inadvertently remained a requirement in the biosolids monitoring section (64.16, Table 7) and in the soils monitoring section (64.16, Table 9) of the Colorado Biosolids Regulations. For consistency, the Commission has removed chromium monitoring requirements from the regulation.
As a result of ongoing litigation at the federal level, the USEPA, on October 25, 1995, promulgated amendments to the federal sludge management regulations at 40 C.F.R. Part 503 which addresses concentration limits for selenium. The EPA action relaxed the federal Table 3 limitation for selenium from 36 mg/kg to 100 mg/kg. The Commission, at that time, revised the Colorado Biosolids Regulation to incorporate the Grade I and Grade II metals concentration limits, identified in Table 1, section 64.12.A, to the annual pollutant loading limits expressed in Table 2, section 64.15.B, and the cumulative pollutant loading limits in Table 3, section 64.15.A so as to conform with the federal rule. On March 3, 1998, the United States Court of Appeals for the District of Columbia Circuit granted a “stay” on the selenium limit in 40 C.F.R. Part 503, Section 503.13(b), Table 1 for the City of Pueblo’s biosolids. By adding a footnote to the Biosolids Regulation (Colorado Grade I and II, Table 1) the Commission is indicating its intent to recognize the court decision and further indicate that state regulatory actions will not be inconsistent with that decision.
64.28 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; (March,
The provisions of sections 25-8-202(1)(c), 25-8-205(1)(e), 25-8-501 to 504, and 25-8-509; C.R.S., provide the specific statutory authority for adoption. The commission also adopted, in compliance with section 24- 4-103(4) C.R.S, the following statement of basis and purpose of these amendments. BASIS AND PURPOSE The Commission considered a number of issues that were identified at the August 12, 2002, informational hearing on the Biosolids Regulation in this rulemaking hearing. Incorporation by Reference language has been updated to reflect the most accurate legal version in this regulation.
The Biosolids Regulation (Regulation 64) originally required that all Letters of Intent for Notices of Authorization, be submitted by certified mail. The reason this was instituted was so the Division would have a way to track the arrival of the Letter of Intent because the Division only had 60-calendar days to issue the Notice of Authorization. If it was not reviewed and issued within the 60 days it was deemed in effect by statute. Since that time the statute has been revised and the Notices of Authorization are no longer issued by default. Therefore the need to have the Letter of Intent submitted by certified mail no longer exists and the Commission has removed language found at Section 64.10(A). 64.10(A)(3)(l) has been changed from Soil Conservation Services to Natural Resources Conservation Services. Section 64.10(A) also references the re-issuance of Notices of Authorization. As of 1994 all new Notices of Authorization that have been issued, and any reissued Notices of Authorization, do not have an expiration date. Therefore the Commission has removed this language. Regulation 64 was adopted prior to the promulgation of the federal biosolids regulations (40 CFR Part 503). As a result the language in Regulation 64 that describes the metals limits has not been consistent with the language at 40 CFR Part 503.13 and this inconsistency has been confusing to the regulated community. The Commission has revised the language in Regulation 64 to match that at 40 CFR Part 503.13. Specifically the change eliminated the Maximum Metals Concentration classification of Grade l and Grade ll biosolids, found in Table 1 at Section 64.12(A), which has been replaced with Table 1 “Ceiling Concentrations” and Table 3 “Pollutant Concentrations.” This necessitated a renumbering of all the tables listed in Regulation 64 to make them consistent with the tables in 40 CFR Part 503.13. The Commission removed sections 64.14(A)(1)(c) & (d), 64.14(B)(2)(c) &(d), and 64.15(A)(2)(c) &(d) that referenced monitoring for polychlorinated biphenyls (PCBs) which is not a requirement of the biosolids regulation and is covered in the federal regulations at 40 CFR Part 761 and in Part 279 of the Colorado Hazardous Waste Regulations. The disposal of material that has a total alpha activity of 40 picocuries per gram or greater is covered by the Colorado Radiation Control Act found at CRS 25-11-104 & 107. The Hazardous Waste Division and the Laboratory and Radiation Services (LARS) Division regulate disposal of these materials, respectively. There have been no monitoring requirements associated with these criteria in Regulation 64 as previous monitoring has indicated the likelihood of biosolids exceeding either criterion to be minimal.
The “Analytical Methods” found at Section 64.16(A)(6) have been replaced with updated and are approved by the Division. These approved methods are consistent with current EPA methods. This change was needed due to the evolution of more advanced methods of analysis and lower detection limits that provide greater accuracy.
Corrections of various typographical errors have also been made. PARTIES TO THE RULEMAKING HEARING 1. Metro Wastewater Reclamation District 2. The City of Grand Junction
64.29 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; (February
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S, provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., the following Statement of Basis and Purpose. BASIS AND PURPOSE The Commission found that revisions to this regulation were necessary to delete outdated language, clarify confusing language, incorporate Senate Bill 171 fee provisions, and establish a state-wide formula specific to biosolids for calculation of plant available nitrogen. Section 64.3, Applicability, was modified to remove reference to water treatment sludge and the co- application of water treatment sludge with biosolids. Recent legislation, Senate Bill 171, moved the authority to regulate water treatment sludge from the Board of Health to the Hazardous Waste Commission.
The text of Section 64.5 was deleted because all materials incorporated by reference in this regulation have been removed (see explanation below for Sections 64.16(A)(6) and 64.16(B)(2), and such materials will now be included in Division policy. The Commission has reserved this section to accommodate future use if the need arises.
A portion of Section 64.6 regarding extension of compliance deadlines beyond February 19, 1995, was deleted as it is no longer applicable. The text of Section 64.7 was deleted for the same reason and was replaced with a new section regarding fees for the biosolids program. SB 171, moved the sewage sludge (biosolids) fee collection authority from the Board of Health to the Commission. Accordingly, the regulation has been updated to implement fee assessment and billing as well as enforcement. The Commission found it necessary to update several provisions in the Definitions section of the regulation. Section 64.9(D) was modified to clarify calculation of the agronomic rate to ensure that a consistent method is used by all Colorado preparers, appliers, farmers, regulators and citizens. Historically, this was left to the preparer for interpretation. A workgroup is assisting the Division with developing a policy, “Methodology for Implementation of Regulation 64”, that will include a section on agronomic rate calculation. The intent of the policy is to allow all interested parties to easily understand how to calculate plant available nitrogen, and then to compute the biosolids agronomic application rate. The Division policy will be made available on the Department’s web page under the Water Quality Control Division Programs. A minor stylistic modification was made to the definition of “Annual Pollutant Loading Limit” in Section 64.9(G). In addition, definitions were added for the following terms to correspond with changes made in other sections of the regulation: “Biosolids Management Plan”; “Site Closure”; and “Site Deactivation.” “Persons who Prepare Biosolids” was changed to “Preparer,” and “Persons who Apply Biosolids” was changed to “Applier.” All remaining definitions were re-lettered accordingly. Section 64.10(A)(1) was modified to add a paragraph (g) requiring that the Division be notified of other materials to be mixed or applied with biosolids so that appropriate monitoring may be required by the Division, as needed.
Language was added to Section 64.10(A)(3)(d) to clarify that the paragraph pertains to biosolids that exceed the pollutant limit in Table 3 with respect to metals. Section 64.10(G) was deleted as no longer necessary, and subsequent provisions were re-lettered. Section 64.10(H) and (I), Terms and Conditions of Notices of Authorization for the Use and Distribution of Biosolids, was modified to require permittees to identify all site closures or site deactivations. This notification will assist the Division and other permittees in determining what sites have had biosolids applied to them, whether a site is still active, and if not, when it was deactivated or closed. The requirements set forth in Section 64.11 were deleted and the section was reserved for future use (when the Division seeks biosolids program delegation). The Division does not have the delegated authority to implement the federal regulations at this time. In addition, domestic facilities are currently covered under the EPA Region 8 General Sewage Sludge Permit which was implemented in August of 2002 and is scheduled to be renewed August 2007.
Section 64.12(A)(1) was modified to explain the purpose of Table 2, Cumulative Pollutant Loading Rates, which is currently silent on that issue.
Section 64.15(B)(2) was modified to clarify the frequency and method of notification required to assure consistent compliance with this provision. Notification will be accepted at a minimum of one time per calendar year via any of the approved formats. Each biosolids preparer or applier has the freedom to choose the notification process that best fits their operation so small preparers or appliers are not disadvantaged. By making the process of notification easier and at a pre-determined frequency, the Division will be able to identify inactive land application sites. A new Table 5 was added to Section 64.15(C) to provide a quick reference aid similar to the tables that are currently presented for slope requirements at Section 64.15(E). With the addition of this table, the tables in Section 64.15(E) were re-numbered 6A. and 6B. (previously Tables 5 and 6). Section 64.15(H), Nutrient Management, was modified to add a paragraph number 4 including a formula which details how plant available nitrogen levels in biosolids must be calculated to ensure a consistent method is used by Colorado preparers, appliers, farmers, regulators and citizens. Historically, this was left to the preparer for interpretation. This formula ensures that plant available nitrogen is calculated uniformly by all interested parties. All remaining items were renumbered accordingly. The Commission deleted the table in Section 64.16(A)(6), which listed the Division-approved methods for the analysis of sewage sludge for various parameters. It included EPA-approved methods from publication SW-846, which the Commission had incorporated by reference. The Commission found that these methods change frequently and therefore would be better addressed in a more flexible Division policy.
Similarly, Section 64.16(B)(2) was modified to delete the reference to methods for soil analysis from the American Society of Agronomy and Soil Science Society of America. The Commission added language to give the Division general authority to approve methods that will now be included in a more flexible Division policy.
Section 64.16(B)(3) was modified to change the monitoring frequency for soils metals from prior to application and every five years thereafter to prior to application and every ten years thereafter. Currently, entities are required to run two separate extraction methods on soils metals (EPA-TRM, Regulation 64- AB-DTPA). The relaxed frequency will lessen the economic impact of two extractions. The heading of Section 64.17(B) was modified from “Report Submittal” to “Annual Report Submittal” to clarify the type of report.
Section 64.17(B)(2) was modified to add a new requirement to the annual Self-Monitoring Report. Appliers must now include sufficient information to demonstrate compliance with on-site storage requirements and a list of authorized sites with the status of each. All remaining sections were re-lettered accordingly.
1. Parker Ag Services, LLC
64.30 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; (January
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S, provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., the following Statement of Basis and Purpose. BASIS AND PURPOSE The Commission found that the reduction of the biosolids fees from $2.11 per dry ton to $1.87 per dry ton was necessary because the biosolids program has generated more revenue in the past three years than the legislature has given the program the authority to spend. Therefore the Division is seeking a fee reduction to avoid exceeding the allowable 16.5 % statutory fund balance carryover established under the TABOR amendment. The cost to operate the biosolids program has been below the revenues the program has generated.
64.31 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; February 8, 2010 Hearing; Effective March 9, 2010 The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S, provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., the following Statement of Basis and Purpose. BASIS AND PURPOSE The Commission found it necessary to add a newsection (Section 64.10(J)) to allow for site transfers between persons in order to facilitate a seamless process. This site transfer process will not only allow farmers to work with the biosolids applier of their choice, but will also help reduce the administrative tasks of the Division. In addition, a definition was added for the term “Site Transfer” to correspond with changes made to the regulation. All remaining definitions were re-lettered accordingly. The Commission also found that it was appropriate to modify the soil sample analysis method for metals. The method for analysis of soil samples to be performed for metals in Section 64.16(B)(5) was changed from AB-DTPA extraction to the methods listed in the EPA publication “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846, which includes EPA Method 3050B. Federal Regulation (40 CFR Part 503.8(b)(4)) requires the methods listed in the SW-846 to be used for biosolids analysis. This change will fully align the soil metals analysis method in this regulation with the Federal Regulation. The Commission found that this will help facilitate a seamless transition from EPA to State oversight when the Division obtains delegation of the biosolids program. Also, this change was necessary to be able to compare the metals accumulated in the soil from biosolids applications to the amount of biosolids metals calculated as the cumulative pollutant loading rates. Because of the addition of the requirement to use EPA Method 3050B is a requirement found in federal regulation, the Commission added “standard” Incorporation by Reference language at Section 64.5 as required by the State Administrative Procedures Act. The section had previously been reserved for this purpose. The determination of metal speciation in Section 64.16(B)(3) was changed from extractable metals concentrations to total recoverable metals concentrations since EPA Method 3050B yields total recoverable metals concentrations.
Finally, the Commission found that the increase of the biosolids fees from $1.87 per dry short ton to $2.40 per dry short ton was necessary to fully fund biosolids program. Program costs have been above the revenues the program has generated.
64.32 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; MAY 12,
1. Rocky Mountain Water Environment Association Biosolids Committee 2. Parker Ag Services, LLC
64.33 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; (May 2021
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S, provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., the following Statement of Basis and Purpose. BASIS AND PURPOSE The Commission found that revisions to this regulation were necessary to delete outdated language, clarify confusing language, align the regulation better with current practices, and revise language that resulted in conditions that unnecessarily restricted the application and storage of biosolids without corresponding benefits to public health or the environment. 64.7.A was revised to align with current practices for annual billing. To maintain an efficient billing process, a minimum quantity of biosolids was established for applying the annual fee that is consistent with current practices of not billing facilities that generate small quantities of biosolids that would result in a fee of less than $75. A requirement for an annual notice from the division providing the fee schedule was removed. The due date for payment of the annual fee was removed and replaced with language consistent with division CDPS permit language that allows for the due date to be established at the time of billing.
The language within section 64.13 was modified to clarify the exemptions for the requirement of a Notice of Authorization. The term “Long Term” was added to the section title, and Short Term Storage (section 64.13.F.) was modified and moved into Section 64.13.B., to more clearly and properly define short term storage as an exemption. The wording of 64.13.B(4) was also modified to more clearly and properly define this exemption.
Requirements for storage of liquid versus dewatered biosolids were revised in section 64.13.D and E to remove a requirement that all biosolids less than 14% solids be treated as liquid and all biosolids of 14% solids and greater be treated as dewatered biosolids. Because of continually evolving treatment processes, and significant variations between biosolids material, some biosolids with less than 14% solids may behave as a solid material and are therefore appropriate to be stored and managed as solid materials.
Section 64.13 revisions have been further clarified with several additions to the definitions section (see section 64.9) which include “Dewatered Biosolids”, “Liquid Biosolids”, “Short Term Storage”, “Storage of Biosolids – Long Term” and “Transfer/Offloading Area”.
Under section 64.15.D, the language was expanded to allow the use of site operating plans within the Letter of Intent to allow more flexibility in determining the suitability and applicability of permitted application sites with regard to protection of groundwater. This language allows for alternatives to only looking at the annual high groundwater table to determine that groundwater will be protected. Section 64.16.A(7) was added to identify that lab analysis for biosolids are valid for one year. This has been the division’s long term practice to ensure the data is valid, and identifying in regulation will provide clarity to generators.
Monitoring requirements for Chromium in biosolids (Table 8), and of heavy metals in soils (Table 10) were removed from section 64.16. Neither Regulation 64 nor the EPA 40 CFR Part 503 have regulatory limits for these parameters and no specific need has been identified for this data to justify the continued cost of analysis. Due to this removal, the requirement in section 64.10.A(3)(K), of submitting results of Table 10 heavy metals in soils with a Letter of Intent was also removed. Additional changes have been made at several locations within the regulations to either correct typographical errors or to increase clarity. These corrections either have no effect on the meaning of the regulation or revise the meaning of the regulation.
Since the previous commission review of this regulation the Board of Health has revised regulation 6 CCR 1007-1 to include additional requirements for technologically enhanced naturally occurring radioactive material (TENORM) that are applicable to biosolids in Colorado. These rules are implemented by the Colorado Hazardous Materials and Waste Management Division, and although can be applicable to biosolids, are independent of this regulation. Biosolids Generators and land appliers should be aware of these separate rules.
_________________________________________________________________________ Editor’s Notes History Rules 64.7; 64.30 eff. 03/01/2008.
Rules 64.1-64.5, 64.7A, 64.9 KK-OO, 64.10 I-J, 64.16B, 64.31 eff. 03/30/2010. Rules 64.15.D(1)(c)-D(1)(d), 64.15.G(2)(d), 64.15.H, 64.16.A(1), 64.32 eff. 06/30/2014. Rules 64.7 A, 64.9, 64.10 A.(1)(b)(f), 64.13, 64.15 D, 64.16 A-B, 64.17 B.(3), 64.33 eff. 09/30/2021.