Biosolids Program Overview

REGULATIONS AND POLICY

Regulatory Background

The Department of Environmental Quality (DEQ) has long recognized the benefits of biosolids when used in accordance with federal and state regulations. Guidelines and rules developed over the years have always emphasized the need for protecting public health and the environment through proper management and monitoring of biosolids operations.

• July 21, 1978 - DEQ first addressed the use of biosolids through the development of "Guidelines for Handling, Disposal and Use of Sewage Sludge."
• 1983 - The Oregon legislature responded to environmental concerns over the use and disposal of sewage sludge and enacted legislation that required the Environmental Quality Commission (EQC) to adopt Oregon Administrative Rules (OARs) for the use of biosolids on agricultural, horticultural, and silvicultural land.
• August 10, 1984 - The EQC adopted rules after a review and public participation process. The rules focused on protecting the public health and the environment in Oregon by specifying methods, procedures and restrictions required for the safe handling, use, and end use of domestic biosolids.
• July 7, 1995 - The EQC adopted revisions to the OARs to make the rules consistent with the 40 CFR Part 503 federal regulations. The revisions encourage the beneficial use of domestic wastewater biosolids, biosolids derived products, and domestic septage through land application programs managed in a manner to protect public health and the environment.

On the national level, EPA has also encouraged the proper use and management of biosolids for many years. Extensive research is ongoing and has been conducted on biosolids treatment processes and the use of biosolids as a beneficial resource.

• 1982 - EPA established an Intra-Agency Biosolids Task Force.
• 1983 - The Task Force presented recommendations that included the need for a comprehensive regulatory program.
• 1984 - After an extensive review by four panels of experts, 50 of 200 pollutants were identified to be studied further.
• 1987 - The Clean Water Act (CWA) amendments required EPA to address certain pollutants that may be present in sewage sludge by developing regulations.
• February 6, 1989 - EPA published the proposed Part 503 rule for comment. Throughout the next four years, the rule went through peer review, an extensive multimedia risk assessment was conducted, a National Sewage Sludge Survey was carried out, and revisions to the proposed rule were made.
• February 19, 1993 - The 40 CFR Part 503 biosolids regulations were published in the Federal Register which included: general provisions, and requirements for land application, surface disposal, pathogen and vector attraction reduction, and incineration.
• March 22, 1993 - 40 CFR Part 503 became effective.
• 1994 to 1995 - As a result of two lawsuits filed, amendments to the Part 503 rule were made to address pollutant limits for molybdenum, chromium and selenium.
• July 2002 - National Research Council (NRC) report "Biosolids Applied to Land - Advancing Standards and Practices" published. EPA requested NRC to perform an independent evaluation of the technical methods used to establish standards for biosolids, "focusing specifically on human health protection and not ecological or agricultural issues."
• December 31, 2003 - EPA announced its final action plan to address the recommendations made in the NRC report. EPA identified fourteen projects to enhance ongoing research and outreach activities, and fifteen additional pollutants for potential future regulations.

Oregon's Policy

OAR 340-050-0006 defines the state's policy on biosolids under the direction of the Environmental Quality Commission. The policy identifies the benefits of biosolids land application stating that "these beneficially recyclable materials improve soil tilth, fertility, and stability and their use enhances the growth of agricultural, silvicultural, and horticultural crops."

How Biosolids are Regulated

Biosolids are regulated under DEQ's water quality program, specifically through a National Pollutant Discharge Elimination System (NPDES) or Water Pollution Control Facility (WPCF) permit, a biosolids management plan, and site authorization letters. The permit, management plan, and site authorization letters are specific to a facility and include conditions that are relevant to both state and federal biosolids regulations. The conditions in the management plan and site authorization letters are considered an integral part of the permit and thus are enforceable.

RESOURCES

DEQ Biosolids Program Staff

DEQ's biosolids program is implemented through one coordinator position located at the headquarter's office in Portland and various regional staff throughout the state. DEQ biosolids staff meet regularly throughout the year to discuss implementation issues and to improve program efficiency and consistency.

The program coordinator's responsibilities include:

• Program coordination
• Rule and policy development
• Regulation interpretation
• Database management
• Technical assistance, operator training, and public outreach
• Liaison to state, regional, and national organizations
• Conference and workshop presentations

The regional biosolids staff responsibilities include:

• Program implementation
• Technical assistance and public outreach
• Permit issuance review for biosolids conditions
• Biosolids management plan review and approval
• Site authorization evaluation; including site visits, review and approval
• Compliance oversight; including data review and site inspections
• Complaint response
• Conference and workshop presentations

The number of staff dedicated to implementing the biosolids program is reflected by the amount of fees collected from the wastewater treatment facility permittees that pay an annual compliance determination fee (ACDF). The amount of the fee is based on the type of wastewater treatment facility and the dry weather design flow of the facility.

University Assistance

Oregon State University (OSU) assists in biosolids program implementation through their research programs and technical assistance provided by local extension agents on soil, nutrient and crop management. OSU soil scientists have collaborated with DEQ, the Oregon Association of Clean Water Agencies (ACWA), and the Northwest Biosolids Management Association (NBMA) to produce technical guidance and documents, and to provide training on the land application of biosolids.

Washington State University and the University of Washington are also actively involved with biosolids research programs in the Pacific Northwest and provide technical assistance with regards to the beneficial use of biosolids.

COMPLIANCE ASSURANCE

DEQ Inspections and Data Review

DEQ's regional staff is responsible for assuring that wastewater treatment facilities and biosolids operations are in compliance with pertinent state and federal regulations, which are stated as conditions in a water quality permit, biosolids management plan, and site authorization letters. Monitoring and reporting requirements provide process and operational data which is reviewed and evaluated for compliance purposes. Regional staff also conduct inspections of wastewater treatment facilities, biosolids and septage operations, and sites proposed for land application.

Public Concerns

In an effort to assure effective compliance, DEQ responds to public concerns about potential biosolids program management problems. These problems may be associated with land application activities at a particular site, including odors, runoff, or timing of application. These concerns are often discussed with the responsible facility, including what corrective action may be needed. Any concerns regarding potential problems with biosolids activities should be directed to the nearest DEQ regional office.

LAND APPLICATION

Beneficial Use

Biosolids beneficially used are land applied at agronomic rates that benefit soil quality and the growth of crops. Biosolids can also be used for enhancing vegetative growth on reclamation sites and on USDA Conservation Reserve Program (CRP) lands at greater than agronomic rates. These sites are reviewed on a case-by-case basis and appropriate agronomic rates are determined.

Land Application Sites

All land application sites must be authorized in writing by DEQ prior to use. DEQ regional water quality staff will visit a site to ensure site characteristics allow for land application. Sensitive areas, setbacks, drinking water wells, and unique site features all need to be identified. Many sites are used seasonally depending on climatic conditions, where the site is geographically located, and what the site is used for. The crop management system is also important. Field accessibility, frequency of biosolids application, irrigation practices, nutrients available from the biosolids, and application methods need to be considered. Crop management factors such as type of crop, timing of crop harvest, waiting periods for crop use (e.g., 30 days for grazing), nutrient management, water management, and conservation practices will also affect the use of biosolids.

Agronomic Rate

The quantity and quality of biosolids are interrelated with regards to how biosolids are used in land application. Agronomic rate refers to an application rate that provides the nitrogen needs for a given crop or vegetation and that will minimize the amount of nitrogen in the biosolids that passes below the root zone of the crop or vegetation to groundwater. The nutrient content of biosolids will vary depending on the primary source of the biosolids, the age of the biosolids, the method of processing prior to land application, and the method of application. For dedicated application sites used year after year, DEQ requires that soils be sampled every third year for residual nitrate nitrogen according to protocols published by OSU and the American Society of Agronomy. This testing is used to assess the impact of all fertilizer nitrogen, including that from biosolids.

Biosolids Quality

There are many different wastewater and biosolids treatment processes that result in a biosolids product with different characteristics. No matter what process is used, the product must meet certain pollutant concentration limits as well as operational standards to control pathogens and reduce the attraction of vectors (e.g., flies, mosquitoes, and other potential disease carrying organisms).

Under federal and state regulations, biosolids are designated as "Class A" or "Class B" depending on the process used to reduce pathogens. More extensive treatment is required for Class A than for Class B, and for each of these classes land application requirements vary. If requirements are met for Class A pathogen reduction, vector control, and the more stringent pollutant concentration limits for metals (Table 3, 40 CFR 503.13), the biosolids are defined as "Exceptional Quality" (EQ) and are not subject to land application general requirements and management activities. EQ biosolids may generally be used like any other fertilizer or soil amendment product.

[print version]