5974247 Energy and Environment, Department of - Notice of Emergency and Proposed Rulemaking - Biosolids Distribution
-
DEPARTMENT OF ENERGY AND ENVIRONMENT
NOTICE OF Emergency AND Proposed RULEMAKING
Biosolids Distribution
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. & 2015 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. & 2015 Supp.)), and Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of adoption on an emergency basis of amendments to 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 emergency rulemaking establishes the conditions under which exceptional quality biosolids, blended exceptional quality biosolids, and composted exceptional quality biosolids may be distributed in the District. There is an immediate need to protect the health, safety, and welfare of District residents by establishing the conditions under which distributors may provide exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids as a source of plant nutrients and soil amendments. This rulemaking ensures that only the highest quality biosolids are permitted for distribution in the District, thereby furthering water quality and public welfare.
This emergency rule was adopted on March 28, 2016, and became effective immediately. This emergency rule will remain in effect for up to one hundred twenty (120) days, unless earlier superseded by a notice of final rulemaking.
DOEE also hereby gives notice of the intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days after the publication of this notice of proposed rulemaking in the D.C. Register. Directions for submitting comments may be found at the end of this notice.
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 Only exceptional quality biosolids, composted exceptional quality biosolids, or blended exceptional quality biosolids shall be distributed to the public 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, as amended, 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 "Civil Infractions Act" (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.) and the "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]
All persons desiring to comment on the proposed Biosolids Management regulations should file comments in writing not later than thirty (30) days after the publication of this notice in the D.C. Register. Comments should be labeled “Review of the Biosolids Management Regulations” and filed with the Department of Energy and Environment, Water Quality Division, 1200 First Street, N.E., 5th Floor, Washington D.C. 20002, Attention: Collin R. Burrell, or by e-mail to collin.burrell@dc.gov.
