WSR 97-23-079

DEPARTMENT OF ECOLOGY

[Filed November 19, 1997, 10:40 a.m.]

A biosolids general permit is being proposed: The Washington State Department of Ecology is proposing to issue a general permit for biosolids management. The department published a preliminary determination to issue a general permit and circulated a draft permit in the fall of 1995. The department issued public notice, and workshops were held around the state to explain the permit and encourage comments. Based on comments received and further consideration by the agency the department is proceeding with the general permit.

How do I get more information, obtain a copy of the permit, or make comments? A draft of the proposed permit is available for review and comment. People who wish to obtain a copy, who have questions, who wish to submit comments, or who wish to be placed on the agency's list of interested persons should contact Kyle Dorsey at the Department of Ecology at (360) 407-6107. Correspondence should be addressed to Kyle Dorsey, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504, or send e-mail to kdor461@ecy.wa.gov. The agency will also try to make the draft permit and an automated comment system available on the Internet at http://www.wa.gov/ecology/swfa/swhome.html. The department encourages interested people to submit written comments on the draft permit and/or to attend and testify at a public hearing.

When and where are the public hearings? The department will hold informal question and answer sessions followed by formal hearings on January 5th and 7th, 1998. There will be daytime and evening events with each formal hearing period preceded by an informal session where interested people may ask questions. The locations and times are as follows:

January 5th - Lacey, Ecology Headquarters, 300 Desmond Drive, Auditorium

January 7th - Yakima, Ecology Regional Office, 15 West Yakima Avenue - 2nd Floor

1:00 - 2:00 p.m. Question and Answer Session

2:30 - 4:30 p.m. Formal Hearing Period

5:30 - 6:30 p.m. Question and Answer Session*

7:00 - 9:00 p.m. Formal Hearing Period

*The 2:30 - 4:30 hearing takes precedent over the 5:30 - 6:30 question and answer session. In the event the earlier hearing runs long, the second question and answer session will be shortened or eliminated.

What is the deadline for comments? You may submit written comments or give verbal testimony at a hearing, or both. To be considered, written comments must be received at the headquarters office of the Department of Ecology by 5:00 p.m., January 14, 1998. The department will prepare a responsiveness summary to explain the actions taken relative to comments received. The department will issue another public notice when the final permit is issued.

Are there other related state or federal laws and rules? There are several related rules and statutes that apply and give the department authority to implement a biosolids management program, including permitting. Chapter 173-226 WAC, is the state's waste discharge general permit program. RCW 90.48.260 authorizes state participation in Clean Water Act programs and RCW 90.48.080 prohibits the discharge of pollutants to waters of the state. Chapter 70.95J RCW and RCW 70.95J.020 authorize a state biosolids program in compliance with the Federal Clean Water Act. The department anticipates the adoption of a new state rule, chapter 173-308 WAC, Biosolids management, on February 4, 1998, and anticipates issuing a final general permit on February 11, 1998. Chapter 173-308 WAC is the state's version of the federal 40 CFR Part 503, Standards for the Use or Disposal of Sewage Sludge. The biosolids permit is intended to meet the requirements of the federal rules and related system of permitting that is addressed in under 40 CFR Parts 122 and 501, et al.

What is the purpose of the general permit? The purpose of the biosolids permit is to implement the requirements of the proposed chapter 173-308 WAC, Biosolids management. When issued, the permit will provide an administrative vehicle for bringing applicable facilities into compliance with the state biosolids rule and is intended to meet the requirements of the Federal Clean Water Act and related rules. The permit will regulate and address at least the basic requirements of the rule, including biosolids treatment, quality, monitoring, management, recordkeeping, reporting, recycling, and disposal. The proposed permit focuses on beneficial uses of biosolids and final disposal of sewage sludge in municipal solid waste landfills. The permit will have statewide applicability, except on Indian lands.

How does the general permit work? A general permit is used to implement similar management requirements at similar facilities, and allows the state to make efficient use of limited resources. The general permit will establish most of the conditions that will apply to most of the applicable facilities statewide. The permit may also impose requirements that are in addition to or more stringent than the state rule, and in that way may provide a means of resolving concerns that are not addressed in the underlying rule.

When facilities propose to apply biosolids to the land that do not meet the most stringent standards of the state rule, the basic requirements of the general permit are augmented by a requirement to incorporate a general and/or site specific land application plan. Additional or more stringent requirements may then be established in the plans on a case-by-case basis for individual sites if the basic requirements of the general permit are not adequate.

Facilities that are subject to the permit may identify all sites where they intend to apply biosolids at the time they submit a permit application. In this case a separate plan for each land application site must be submitted with the permit application. Facilities that wish to incorporate additional sites at a later date must submit a general land application plan for approval with their permit application. Site specific land application plans for new sites may then be proposed at a later date, but must be consistent with the approved general land application plan. The general plan acts as a scoping notice to interested people and jurisdictions, and advises them of biosolids management activities that might be carried out by the applicant. All plans are subject to review and approval.

What kinds of facilities are subject to the general permit? Only facilities that engage in applicable practices under the permit may obtain coverage. This includes all facilities engaging in land application of biosolids for beneficial use, and facilities that are approved to dispose of sewage sludge in a municipal solid waste landfill. The class of facilities that are subject to coverage under the permit is called treatment works treating domestic sewage. This includes facilities that request designation as a treatment works treating domestic sewage, and those that are designated by the department. The majority of treatment works treating domestic sewage are publicly owned wastewater (sewage) treatment plants. Certain private sector facilities that meet the definition of treatment works treating domestic sewage will also be subject to the general permit. Some examples are compost facilities that use biosolids as a feedstock, centralized facilities where septage is collected or treated prior to land application, privately owned sewage treatment plants, and in some cases private lands where biosolids are applied. Under the proposed state rule, the state may recognize permits issued by a local health department to some compost and septage management facilities. In that case, coverage under the general permit is not required. The local permit would have to at least meet state requirements. A list of specific facilities believed to be subject to the general permit is provided at the end of this notice.

How does a facility obtain coverage under the general permit? In most cases, facilities will be subject to the permit [and] will be considered for coverage after they have submitted an application to the department. In the absence of an application, the department may determine that a facility meets the definition of a treatment works treating domestic sewage and notify it of the obligation to submit an application. In some cases the department may notify a facility or group of facilities of automatic coverage.

Generally, a complete permit application is required from larger facilities within ninety days of issuance of the general permit. Smaller facilities are allowed to submit a notice of intent in lieu of a complete application, which is then required at a later date. A complete permit application will include basic facility information, documentation regarding biosolids quality, treatment, and management practices, and general and site specific land application plans as required. Public notice is required prior to final approval, and public meetings or hearings may be required in some cases. A time frame for submitting applications is included in the permit. The permit system also incorporates the concept of provisional approval, allowing facilities to continue existing biosolids management activities and engage in new activities prior to final permit coverage. Under provisional approval, applicable facilities are required to comply with the requirements of the rule and the permit. In cases where there are significant changes in biosolids management practices or new sites are identified, substantive requirements of the permit system, including public notice, must be carried out to obtain provisional approval status.

What kind of public notice is carried out for the permit process? The Department of Ecology carries out public notice as a part of the process of issuing the general permit. Public notice requirements for facilities subject to the permit vary depending on the purpose the notice is serving and the quality of biosolids being managed. When a facility applies for initial coverage under the general permit it must carry out public notice for that purpose. When biosolids that do not meet the most stringent standards of the rule are applied to the land, public notice must be carried out for those individual sites as well. Some facilities may add new sites in accordance with an approved general land application plan after they have received initial approval of coverage under the general permit. If public notice has not been previously carried out for those new sites, it must be done before biosolids can be applied. Public notice can include publication in a newspaper, posting of sites, and notification to an interested parties list. People can have their name placed on the interested party list for a specific facility by making a written request directly to the manager.

Are public meetings or hearings required? Public meetings or hearings, beyond those carried out for the purpose of issuing the general permit are not mandated. The agency can require a meeting or hearing if it finds justification, and any interested person can make a written request for a public meeting or hearing relative to a proposal by a permit applicant or holder. The final decision on whether to convene a meeting or hearing rests with the agency.

Delegation to local health departments: The department may elect to delegate certain aspects of the state biosolids program to local jurisdictional health departments. Delegation is only on the request of the local health department and the terms of the delegation agreement will be established in a written agreement. Several aspects of the state permit program may be delegable. The department has identified the review and approval of land application plans, determinations regarding public meetings and hearings, field and facility inspections, initiation of correction of violations, and report review as potentially delegable. Other aspects of the state program may also be delegable. The agency is continuing to assess the best aspects of the program for delegation and the best overall process for implementing local delegation.

How are permit fees determined? All facilities that are required to obtain a permit under the state rule must pay a fee to the Department of Ecology. The fee is generally based on the number of residences or residential equivalents served by each facility. Consequently, larger facilities pay proportionately larger fees. The cost per residential equivalent varies with the nature of the facility and final use or disposal method chosen. These fees are described in draft WAC 173-308-320 and are addressed in the general permit. A permit may waive or reduce fees to some facilities, but fees cannot be increased through the issuance of the permit.

Small Business Economic Impact Statement: A small business economic impact statement (SBEIS) has been prepared for the proposed biosolids management rule, chapter 173-308 WAC. The department believes the requirements of the general permit are not substantially different than those of the rule, and proposes here to adopt the SBEIS prepared for the rule for the general permit as well. The agency is continuing to review the requirements of the general permit and a separate SBEIS will be prepared and made available if necessary. The SBEIS completed for the rule discusses impacts to septic tank cleaning and septage hauling firms, private treatment works, and compost producers. The report discusses elements of the rule that are designed to help mitigate economic impacts. It concludes that the "impacts of the proposed state rule on private sector businesses' revenues or profits should be, for the most part, neutral or minimal."

What specific facilities are subject to the general permit? The department has identified the following publicly and privately owned facilities that it believes are subject to the general permit. In addition, other treatment works not identified here may be subject to the general permit if they meet the definition of a treatment works treating domestic sewage.

Aberdeen and Cosmopolis, cities of

Agape Ministries, Inc.

Albion, town of

Alder Lake Park

Alderbrook Inn Resort

Alderwood Water District

Almira, town of

Anacortes, city of

Arlington, city of

Asotin, city of

Bainbridge Island, city of

Bellingham, city of

Benton City, city of

Beverly Beach Homeowners Association

Bingen, town of

Birch Bay Water and Sewer District

Blaine, city of

Blake Island State Park

BioRecycling, Inc.

Bogies Truck Stop

Boston Harbor

Bremerton, city of

Brewster, city of

Bridgeport, city of

Buckley, city of

Buena wastewater facility

Burlington, city of

Camas, city of

Carbonado, town of

Carlyon Beach Homeowners Association

Carnation Research Farms

Cashmere, city of

Castle Rock, city of

Cathlamet, town of

Cedar Creek Corrections Center

Central Kitsap plant (Poulsbo)

Centralia, city of

Chambers Creek

Chehalis, city of

Chelan, city of

Chelan County P.U.D. #1 (Dryden)

Chelan County P.U.D. #1 (Lake Wenatchee)

Chelan County P.U.D. #1, (Peshastin)

Chelan County P.U.D. (Rocky Reach Dam)

Cheney, city of

Cherrywood Mobile Home Manor

Chewelah, city of

Clallam Bay Corrections Center

Clallam Bay - Sekiu

Clark Public Utilities (La Center)

Clarkston, city of

Cle Elum, city of

Colfax, city of

College Place, city of

Colton, town of

Colville, city of

Conconully, town of

Concrete, town of

Consolidated Support Services

Connell, city of

Coulee City, town of

Coupeville, town of

Cowiche Sewer District

Cowlitz County - Ryderwood

Cowlitz Co - Toutle

Cowlitz Co - Woodbrook

Cowlitz Water Pollution Control

Crescent Bar, Inc.

Creston, town of

Crystal Mountain, Inc.

Cusick, town of

Davenport, city of

Dayton, city of

Deer Park, city of

Derry's Resort

Diamond Lake, water and sewer district

Douglas County P.U.D. #1

Douglas County, sewer district #1

Duvall, city of

Eastsound, sewer and water district

Eatonville, town of

Echo Glen Children's Center

Edmonds, city of

Elbe, water district

Ellensburg, city of

Elma, city of

Endicott, town of

Entiat, city of

Enumclaw, city of

Ephrata, city of

Everett utilities, city of

Everson, city of

Farmington, town of

Ferndale, city of

Fire Mountain Farms, Inc.

Fisherman Bay, sewer district

Forks, city of

Fort Columbia State Park

Fort Flagler State Park

Freeman School District

Friday Harbor, town of

Garfield, town of

Gig Harbor, city of

Glenwood, town of

Goldendale, city of

Grand Coulee, city of

Grandview, city of

Granger, town of

Granite Falls, town of

Hartstene Pointe

Holmes Harbor Water District

Hoquiam, city of

Ilwaco, city of

Indian Ridge Youth Camp

Ione, town of

Kalama, city of

Kennewick, city of

Kettle Falls, city of

Kingston (Kitsap county P.U.D.)

Kitsap County Sewer District #7

Kittitas County water district #2 (Ronald)

Kittitas County water district #6 (Vantage)

Kittitas, city of

Klickitat

Klickitat County P.U.D. #1 (Lyle)

La Conner

La Crosse, town of

Lake Stevens, sewer district

Lakehaven Utility District - Lakota

Lakehaven Utility District - Redondo

Land Recovery Inc.

Langley, city of

Larch Correction Center

Larrabee State Park

Larson - Moses Lake

Leavenworth, city of

Lewis County Water District #2

Liberty Lake Sewer District #1

Liberty School District #362

Lind, town of

Long Beach, city of

Longview, city of

Loon Lake Sewer District #4

Lynden, city of

Lynnwood, city of

Lynwood Center

Mabton, city of

Manchester (Kitsap County P.U.D.)

Mansfield, town of

Maple Lane School

Marysville, city of

McCleary, city of

McNeil Island

Medical Lake, city of

Mesa, city of

Messenger House Care Center

Metaline Falls, town of

Metaline, town of

Metro King County - Alki

Metro King County - Renton

Metro King County - West Point

Midway, sewer district

Miller Creek (Southwest Suburban Sewer)

Monroe, city of

Monroe Honor Farm

Montesano, city of

Morton, city of

Moses Lake (Larson)

Mossyrock, city of

Mount Vernon, city of

Moxee, city of

Mullen Hill Terrace Properties

Naches, town of

Naselle Youth Camp

Newport, city of

North Bend, city of

North Bonneville, city of

North Cascades National Park

Oak Harbor, city of

Oakesdale, town of

Ocean Shores, city of

Okanogan, city of

Olympia, city of (LOTT)

Olympic Corrections Center

Olympus Terrace, sewer district

Omak, city of

Orcas Village, sewer district

Oroville, city of

Orting, city of

Othello, city of

Pacific Beach

Palouse, city of

Pasco, city of

Pateros, city of

Pe Ell, town of

Penn Cove, sewer district

Pomeroy, city of

Pope Resources (Port Ludlow)

Pope and Talbot Inc.- Port Gamble

Poplar Heights, sewer district

Port Angeles, city of

Port Orchard, (Kitsap County #5)

Port Townsend, city of

Prosser, city of

Priest Rapids Dam

Pullman, city of

Puyallup, city of

Quincy, city of

Rainier State School

Raymond, city of

Reardan, town of

Republic, city of

Richland, city of

Ridgefield, city of

Rim Rock Cove Owners Association

Ritzville, city of

Roche Harbor Resort

Rockford, town of

Rosario Utilities

Rosalia, city of

Roslyn, city of

Royal City, city of

Rustlewood

Saint John, town of

Salmon Creek (Clark county)

Salmon Creek (Southwest Suburban Sewer)

Sawdust Supply Company - GroCo

Scatter Creek Rest Area - DOT

Seashore Villa Mobile Homes

Seattle City Light - Boundary

Seattle City Light - Diablo

Seattle City Light - Newhalem

Sedro Woolley, city of

Sekiu - Clallam County P.U.D.

Selah, city of

Selkirk School District #70

Sequim, city of

Sequim Bay State Park

Seven Bays Estates Unlimited

Shelter Bay Community Inc.

Shelton, city of

Skagit County Sewer District #2

Snohomish, city of

Snoqualmie Pass, Sewer District #1

Snoqualmie, town of

Snowblaze Condominium Association

Soap Lake, city of

South Bend, city of

South Prairie, town of

Spokane, city of

Sprague, city of

Springdale, city of

Stanwood, city of

Stella

Stevens County P.U.D. #1 - Clayton

Stevens Pass, sewer district

Stevenson, town of

Sultan, town of

Sumas, city of

Sumner, city of

Sunland Water District

Sunnyside, city of

Sunset Mobile Homes

Surfside Inn Condominium #1

Suquamish (Kitsap county)

Tacoma, city of #1 - central

Tacoma, city of - north

Tamoshan

Taylor Bay Beach Club

Tekoa, city of

Tieton, town of

Toledo, city of

Tonasket, town of

Twisp, town of

Uniontown, town of

Vader, city of

Vancouver, city of - Marine Park (see west Van.)

Vancouver, city of (west)

Vashon, sewer district

Waitsburg, city of

Walla Walla, city of

Walla Walla, water district #2

Wanapum Dam

Warden, city of

Warm Beach Camp Ground

Washington Correction Center

Washington State Parks and Recreation Commission

Washougal, city of

Washtucna, town of

Waterville, town of

Wawawai on the Snake Resort

Wenatchee, city of

West Richland, city of

Westport, city of

Whatcom County, water district #13

Whitman County, port of

Wilbur, town of

Wilkeson, town of

Winlock, city of

Winthrop, town of

Wishram, town of

Wollochet Harbor Sewer District

Woodland, city of

Yakima, city of

Yelm, city of