WSR 98-08-050
DEPARTMENT OF ECOLOGY
[Filed March 26, 1998, 1:10 p.m.]
March 26, 1998
Notice of Issuance of General Permit for Biosolids Management
General permit. The Washington State Department of Ecology issued a general permit for Biosolids Management on March 25, 1998. The permit applies statewide, except on Indian lands and will be effective on May 15, 1998. Interested persons should call or write Kyle Dorsey, Biosolids Coordinator, Washington State Department of Ecology, PO Box 47600, Olympia, WA 98504-7600. E-mail may be addressed to kdor461@ecy.wa.gov or phone (360) 407-6107; FAX 407-6102 or -7157. Ecology is an equal opportunity agency. If you have special accommodation needs or require this document in an alternative format, please contact Kyle Dorsey or TDD at (360) 407-6006.
Applying for coverage. Facilities which meet the definition of treatment works treating domestic sewage in WAC 173-308-080 are required to apply for a permit. There are limited exceptions provided for under WAC 173-308-310 (1)(a). Treatment works treating domestic sewage include publicly owned treatment works, privately owned treatment works that treat only domestic sewage; compost facilities; septage management facilities; some land application sites which elect to be permitted as beneficial use facilities; and other facilities that meet the definition. A list of most potentially applicable facilities was published in the State Register under WSR 97-23-079.
Notice of Intent. Applicable facilities must submit a notice of intent to be covered under the general permit by June 23, 1998. Ecology will directly notify known facilities. When a notice of intent has been submitted, provisional approval to engage in applicable biosolids management activities under the permit is granted. Provisionally approved facilities must operate in accordance with the requirements of the basic general permit and Chapter 173-308 WAC. Facilities must submit a complete permit application at a later date, in accordance with the schedule established in WAC 173-308-310(4).
Approval of coverage. Facilities are accepted for provisional approval under the general permit if they are treatment works treating domestic sewage and engage in biosolids management activities applicable under the permit. Activities covered under the permit include preparation of biosolids for distribution to others, for direct application to the land, for disposal in a municipal solid waste landfill, or for transfer to another facility. Additional or more stringent requirements may be imposed for a facility or specific management site as a condition of final approval under the general permit.
Appeals. In accordance with RCW 43.21B.310, the terms and conditions of the general permit for biosolids management may be appealed only by filing an appeal with the Pollution Control Hearings Board, PO Box 40903, Olympia, WA 98504-0903, and by serving it upon the Department of Ecology before May 15, 1998. Additional or more stringent requirements imposed on specific facilities or application sites after receipt of a permit application by the department may be similarly appealed within thirty days of notice by the department. Appellants must identify the statewide general permit for biosolids management effective May 15, 1998 as the subject of their appeal, and if appropriate any plan or other element required under the permit if it is the subject of the appeal. The appeal must contain the appellant's name and address; a clear, separate, and concise statement of every error alleged to have been committed; a clear and concise statement of facts upon which the requester relies to sustain his or her settlements of error; and a statement setting forth the relief sought.
Comments received. Comments received during the public comment period on the December 3, 1997 draft of the general permit resulted in changes to the final permit. A brief summary of those changes follows. More detailed information can be found in the responsiveness summary prepared for the final general permit, which is available on request.
"Treatment works treating domestic sewage" was replaced by the simpler term "facility" in appropriate locations throughout the permit for clarity and to correspond to changes in the rule.
The following changes were made to individual sections as indicated below. The changes are listed by topic and include references to the sections where they appear in the general permit. References to specific comments in the responsiveness summary are included as appropriate.
"Transfer" of biosolids - Language was added to emphasize that transfer of biosolids from one facility to another is an applicable biosolids management activity covered under this general permit. (Section 1-second paragraph; Section 2.1-second paragraph; Section 2.4(1)-second bullet).
Applicability - Text was amended (and footnotes were added) to clarify when compost facilities, centralized septage facilities, and individual septage haulers are required to apply for coverage. Section 2.5(3) was deleted because it repeated applicability information already stated in Section 2.4. Section 2.4(6) was deleted because it repeated applicability for incinerators already covered in Table 2-1. (Sections 2.4 and 2.5; Section 2.8.1-new footnote (4)).
"Categories of coverage" - Terminology was changed to "activities covered under this general permit." The new term clarifies that coverage includes all activities in the general permit and applicants do not need to apply under certain categories. (Sections 2.8, 2.8.1, and 2.8.2).
Automatic coverage - Wording was added to clarify that automatic coverage (for temporary and emergency disposal in a municipal solid waste landfill and for transferring biosolids to another facility) applies to facilities that have submitted a notice of intent or a complete application. (Section 3-secpnd paragraph).
Requirements for sending biosolids to another facility - Number (3) in Section 3.4 was deleted. (See Comment 13-01).
Application forms - Wording was added to indicate that applications for coverage must be made on forms or in a format authorized by the department. (Section 4.1-second paragraph).
"When to apply" - Table 4-1 was amended to clarify when facilities must apply based on their size and whether they are new or existing. These changes were made to correspond to the underlying rule. (Section 4.1; See Comments 02-02, and 07-01).
Complying with SEPA - Text was added to clarify that when the SEPA process is used for public notice, the requirements of WAC 173-308-310(11) must be met. The changes were made to clarify that public comment periods must be established and comments must be directed to the regulatory authority as well as the responsible SEPA official. (Section 4.2; Section 5.2.1; See Comments 09-03, 09-04, 09-05, and 10-11).
Information required in a complete application - Text in Section 4.4.2 was amended to reflect changes in the underlying rule. In number (10), the third bullet was deleted. In number (12), wording was changed to clarify biosolids production. (Section 4.4.2).
Public notice requirement when applying for coverage - Text changed to indicate that public notice is required when a complete application is submitted but not for a notice of intent. This change was made to correspond with the underlying rule. (Section 4.5.1(1)).
Newspaper notice - Text was added to clarify that newspaper notice is not required for new sites proposed via an approved general land application plan. (Section 4.5.2(1)).
Land application plans (when are they required?) - Sections 5.1 and 5.2 in the draft general permit were combined. Text was amended to clarify when site specific land application plans and general land application plans are required. Also, text was added (in 5.5.1) to refer to Section 5.1. (Sections 5.1 and 5.2; See Comments 06-01, 07-06, 07-08, and 07-07).
Site specific land application plans - Information requirements for site specific land application plans were added or amended in the following numbered items of Section 5.5: 2, 3, 6, 9, 10, and 11. Numbers (2) and (3) were amended to reflect changes in the underlying rule. Number (11) was added to clarify the requirement for site access restrictions as part of site management. (For changes to (3) see Comment 13-04. For changes to (6), see Comment 14-17. For changes to (9), see Comment 07-11. For changes to (10), see Comment 10-05).
General land application plans - A new section was added to instruct owners or operators of lagoons to submit information to the best of their ability and then update their general land application plan at a later date (if necessary) by modifying their coverage. (Section 5.5.2).
Record keeping requirements - The table in Section 6.2.1 was amended to include record keeping requirements for site management and access restrictions. (Section 6.2.1 - middle of unlabeled table).
Septage monitoring - A new numbered item (6) was added to emphasize the monitoring required when septage has undergone alkaline stabilization. (Section 7.1(6)).
Nitrogen monitoring - A bullet was added to the list in Section 7.2 to include nitrogen monitoring. In order to calculate agronomic rates, permittees must know the concentration of nitrogen in biosolids applied to the land. (Section 7.2-bullet list in paragraph 2).
Frequency of monitoring - The title of Table 7.1 was amended to include "Minimum" frequency of monitoring. The change reflects a requirement in the underlying rule. (Section 7.2-Table 7.1).
Using reference documents - Section 8.3 was deleted to avoid repeating the information that appears in Section 2.7. The numbering in Section 8 was adjusted accordingly.
Distance to groundwater - The trigger for requiring a groundwater protection plan (for sites needing a site specific land application plan) was changed from two feet to three feet. (Section 8.3(4) and Section 5.4(10). See Comment 10-05).
Agronomic rate - Text was added to clarify that biosolids must be applied "at, or below" agronomic rate. (Section 8.4(2) of draft general permit. See Comment 11-07).
Landowner approval - Text was inserted to clarify that written approval from a landowner is required prior to application of non-exceptional quality biosolids "for the first time". This change reflects a change made to the underlying rule. (Section 8.5(1)-second bullet).
Transportation of biosolids - A requirement was added to notify the department of any biosolids spills that occur during transportation. (Section 8.6(2). See Comment 07-18).
Notice of intent - The term "notice of intent" was included in several sections to clarify the application process and signatory requirements. (Section 4.3-title, first paragraph; Section 4.4.1(2); Section 8.16(1)).
Appeals - A new section was added to address how terms and conditions of the general permit can be appealed. The new section also includes how appeals can be made in reference to additional or more stringent requirements imposed on a facility or site. (Section 8.21).
Labeling requirements - Numbered item (7) was added to the list in Section 14.4 to correspond to requirements in the underlying rule.
Class I septage (definition) - The definition of Class I septage was changed to include 25 percent of Class II septage or grease trap waste. This change corresponds to changes in the underlying rule. (Section 15.1.1; Section 19).
Septage screening - The requirement for screening septage was amended to include "another approved method" to remove recognizable material when septage is applied to the land. This change reflects changes made to the underlying rule before adoption. (Section 15.2).
Class II septage - Text was added to clarify that Class II septage must meet Class B pathogen requirements if it does not undergo alkaline stabilization prior to being applied to the land. This change reflects provisions in the underlying rule. (Section 15.3(1)(a)).
Distance from surface water for septage application sites - The setback distance from surface waters of the state was increased from 10 meters to 100 feet for all sites where septage is applied to the land. (Sections 15.3.3 and 15.4. See Comments 14-68, 14-64, and 14-41).
Compliance schedules - A provision was added to Section 17 allowing compliance schedules to be established under this general permit. (Section 17 - last paragraph).
Permit fees - Substantial text was added to clarify the fee structure for this general permit and to include provisions in the underlying rule. Permit fees were capped or reduced for incinerators and beneficial use facilities. (Section 18. See Comment 08-01).
Definitions - Four entries were added to the list of definitions: "composting," "local health department," "surface waters of the state," waters of the state." Two entries were deleted: "permitting authority," "regulatory authority." Two entries were amended: "facility," and "domestic septage - Class I." (Section 19).
Reviser's note: The spelling error in the above material occurred in the copy filed by the Department of Ecology and appears in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Department of Ecology and appears in the Register pursuant to the requirements of RCW 34.08.040.