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DEPARTMENT OF ENERGY AND ENVIRONMENT
NOTICE OF FINAL RULEMAKING
Biosolids Management
The Director of the Department of Energy and Environment (DOEE), pursuant to the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl. & 2016 Supp.)); the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2012 Repl. & 2016 Supp.)), and Mayor’s Order 2006-61, dated June 14, 2006, hereby amends Title 21 (Water and Sanitation) of the District of Columbia Municipal Regulations (DCMR) by adding a new Chapter 17 (Biosolids Management) to authorize the distribution of exceptional quality biosolids in the District.
This final rulemaking establishes the conditions under which exceptional quality biosolids, blended exceptional quality biosolids, and composted exceptional quality biosolids may be distributed in the District. This rulemaking ensures that only the highest quality biosolids are permitted for distribution in the District, thereby furthering water quality and public welfare.
DOEE published a Notice of Emergency and Proposed Rulemaking in the D.C. Register on April 22, 2016, at 63 DCR 6267, and a Notice of Second Emergency Rulemaking on October 21, 2016 at 63 DCR 13170. The second emergency rule was adopted on July 28, 2016, became effective immediately, and will remain in effect until November 25, 2016 or until superseded by notice of final rulemaking. No public comments were received during the comment period. The final rule includes clarifying changes and technical edits to citations, but no substantive changes have been made.
These rules were adopted as final on October 12, 2016 and will become effective upon publication of this notice in the D.C. Register.
Title 21 DCMR, WATER AND SANITATION, is amended by adding a new Chapter 17, BIOSOLIDS MANAGEMENT, as follows:
CHAPTER 17 BIOSOLIDS MANAGEMENT
1700 EXCEPTIONAL QUALITY Biosolids Distribution
1701 ENFORCEMENT
1702-1705 [Reserved]
1799 Definitions
1700 EXCEPTIONAL QUALITY Biosolids Distribution
1700.1 The purpose of this chapter is to permit the sustainable and beneficial distribution of exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids for use in the District.
1700.2 No biosolids except exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids shall be distributed in the District.
1700.4 A person shall be deemed to have an exceptional quality biosolids distribution permit-by-rule if the person meets the following requirements:
(a) Distributes only exceptional quality biosolids, blended exceptional quality biosolids, and composted exceptional quality biosolids;
(b) Submits a written notice to the Department that includes the name, address, and telephone number of the permittee;
(c) Pursuant to the Anacostia River Clean Up and Protection Fertilizer Act of 2012, effective April 20, 2013 (D.C. Law 19-262; D.C. Official Code §§ 8-104.01 et seq.), provides a legible label with sufficient information to allow the person who receives and uses the exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids to determine an agronomic rate of application and application requirements;
(d) Maintains the following information that shall be available to the Department upon request:
(1) The quantity of exceptional quality biosolids distributed in the District; and
(2) Information demonstrating that the biosolids being distributed meet the ceiling concentrations in Table 1 of 40 C.F.R. § 503.13 and the pollutant concentrations in Table 3 of 40 C.F.R. § 503.13; the Class A pathogen requirements in 40 C.F.R. § 503.32(a); and one of the vector attraction reduction requirements in 40 C.F.R. § 503.33(b)(1) through (b)(8);
(e) Complies with the monitoring and reporting requirements for exceptional quality biosolids in 40 C.F.R. Part 503; and
(f) Complies with all other applicable District and federal laws and regulations.
1700.5 Distribution within the District of biosolids, blended biosolids, or composted biosolids that do not meet the requirements for a permit-by-rule under this chapter is prohibited, and will be subject to enforcement pursuant to Section 1701.
1701 ENFORCEMENT
1701.1 This chapter shall be enforced pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.15, 8-103.16, and 8-103.17), and the Water Pollution Enforcement Regulations (21 DCMR Chapter 22).
1701.2 In any instance where a civil fine, penalty or fee has been established pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)); and the Consumers, Commercial Practices, and Civil Infractions Regulations (Title 16 DCMR Chapter 40), the civil fine, penalty, or fee may be imposed as an alternative sanction to the penalties set forth in Subsection 1701.1.
1702- 1705 [Reserved]
1799 Definitions
1799.1 When used in this chapter, the following terms shall have the meanings ascribed (some of the definitions were codified in the Act, indicated as [Statutory], and are reprinted below for regulatory efficiency):
Act - the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq.)
Biosolids or Sludge - the solid or semi-solid material removed from wastewater during treatment, including but not limited to grit, screenings, grease, oil, settleable solids, and chemicals added to the treatment processes. [Statutory]
Blended Exceptional Quality Biosolids - exceptional quality biosolids that are mixed with other materials, such as leaves, saw dust, and soil, and that meet the ceiling concentrations, pollutant concentrations, pathogen requirements, and vector attraction reduction requirements of exceptional quality biosolids.
Clean Water Act - the Clean Water Act, 33 U.S.C. §§ 1251 et seq.
Composted Exceptional Quality Biosolids - exceptional quality biosolids treated by a biological process so as to achieve oxidation of the organic matter, dissipation of phytotoxic gases and offensive odors, and destruction of pathogens, and that meet the ceiling concentrations, pollutant concentrations, pathogen requirements, and vector attraction reduction requirements of exceptional quality biosolids.
Department - the Department of Energy and Environment.
Distribution - the physical removal of exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids from a generating, composting, blending, storage or distribution facility to barter, sell, offer to sell, consign, furnish, provide, or supply to wholesalers, dealers, retailers, or individuals as part of a commercial enterprise or giveaway program.
Exceptional Quality Biosolids - biosolids that meet the ceiling concentrations in Table 1 of 40 C.F.R. § 503.13 and the pollutant concentrations in Table 3 of 40 C.F.R. § 503.13; the Class A pathogen requirements in 40 C.F.R. § 503.32(a); and one of the vector attraction reduction requirements in 40 C.F.R. § 503.33(b)(1) through (b)(8).
Permittee – a person who distributes exceptional quality biosolids, blended exceptional quality biosolids or composted exceptional quality biosolids under the terms of this permit-by-rule.
Person - any individual, including any owner or operator as defined in this chapter or the Act; partnership; corporation, including a government corporation; trust association; firm; joint stock company; organization; commission; the District or federal government; or any other entity. [Statutory]
