Ala. Admin. Code r. 335-13-16-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 335-13-16-.04 - Registration Application Requirements

(1) Generators that produce one hundred (100) dry short tons per calendar year or more of eligible by-product material for beneficial use in the State of Alabama must electronically submit the following items to the Department:

(a) A completed electronic ADEM Form 569 with the applicable fees in accordance with ADEM Admin. Code div. 335-1;

(b) The type of material being generated, such as FPR, Class A Biosolids, Class B Biosolids, etc., and expected quantity (in dry short tons) to be generated for use under this chapter per calendar year; and

(c) A list of Distributors that manage and land apply the by-product materials for beneficial use in the State of Alabama.

(2) Distributors that manage and land apply one hundred (100) dry short tons per year or more of eligible by-product material for beneficial use in the State of Alabama must electronically submit the following items to the Department:

(a) A completed ADEM Form 569 with the applicable fees in accordance with ADEM Admin. Code div. 335-1;

(b) The type of material being distributed, such as FPR, Class A Biosolids, Class B Biosolids, etc., and expected quantity (in dry short tons) to be land applied under this chapter per calendar year;

(c) A NMP which, at a minimum, includes the following:

1. Signature certification, including applicable credentials, clearly displayed on the first page of the plan, that the plan was prepared by a person certified by the Natural Resources Conservation Service (NRCS) for nutrient management planning, by a professional engineer licensed in the State of Alabama, or by other appropriate professionals approved by the Department;

2. Brief site-specific description of the operation; including the type/classification of material being land applied;

3. Crops and soils information, including site suitability for proposed application activities, crop rotation plans, harvesting cycle plans, and seasonal land application schedule;

4. Yield goal for the given crop and site, or Department approved equivalent;

5. The recommended nitrogen and phosphorus application rates for the crops to be grown on each application zone. This crop specific information is not required for Mine-Land Recovery activities conducted in accordance with the requirements of ADEM Admin. Code r. 335-13-16-.03(3). Limits for nitrogen and phosphorous may be imposed by the Department to protect human health and the environment;

6. Timing and specific method of applications for each site;

7. Description of best management practices to be implemented at each site to protect human health and the environment including but not limited to preventing run-off, managing run-on at FPR treatment impoundments, and minimizing odors;

8. Property description(s), site(s) address(es), site(s) coordinates in decimal degrees, and aerial view of property boundaries;

9. Provide copies of signed permission by the landowners where by-products are land applied. This permission shall include acknowledgement of compliance with ADEM Admin. Code r. 335-13-16-.03(4)(d); and

10. Testing analysis/results for the ceiling concentration of constituents listed in ADEM Admin. Code r. 335-13-16 -Appendix I shall be provided and the concentrations shall not exceed those listed. Testing for fecal coliform shall be conducted in accordance with 40 C.F.R. § 503.32(b)(2). Fecal coliform limits may be imposed by the Department to protect human health and the environment. The Department may require testing for additional constituents as applicable.

(d) An OP which, at a minimum includes the following:

1. Signature certification, including applicable credentials, clearly displayed on the first page of the plan that the plan was prepared by a person certified by the NRCS for nutrient management planning, by a professional engineer licensed in the State of Alabama, or by other appropriate professionals approved by the Department; and

2. The plan shall include best management practices and mitigation actions detailing the handling, transportation, and application of the by-product material to minimize:

(i) Vectors;

(ii) Birds;

(iii) Odors;

(iv) Fugitive air borne dust;

(v) Spills; and

(vi) Time in transit, with consideration to the type of material, which includes efforts made to avoid traffic congestion, accidents, populated areas, or other factors as determined by the Department.

(3) All Distributors that manage or land apply less than one hundred (100) dry short tons per year of eligible by-product material for beneficial use in the State of Alabama must maintain all required records to be available for inspection upon request in accordance with ADEM Admin. Code r. 335-13-16-.04(2)(c) and (d).

(4) No later than October 1, 2022, FPR Treatment Facilities subject to the requirements of this chapter that manage eligible by-product materials for beneficial use in the State of Alabama must electronically submit the following items to the Department:

(a) A completed ADEM Form 569 with the applicable fees in accordance with ADEM Admin. Code div. 335-1; and

(b) All items required in ADEM Admin Code r. 335-13-16-.08.

(5) Registration Modifications.

(a) A request to modify an existing registration that changes the registration type and/or causes changes to the previously issued registration, outside of the registration renewal period, must electronically submit ADEM Form 569, all applicable fees in accordance with ADEM Admin. Code div. 335-1, and any further pertinent records at least thirty (30) days before the desired registration change.

(b) Submissions of addendums to the NMP and/or OP, excluding those defined in ADEM Admin. Code r. 335-13-16-.04(5)(a), are considered Registration Information Updates. A Registration Information Update including addendums or additions to the approved NMP and OP must be electronically submitted for Department review at least fourteen (14) calendar days prior to the anticipated initial land application date. Upon determining the Registration Information Update to be complete, the Department will acknowledge completion to the registrant and incorporate the updated information into the current registration.

(6) Beginning on October 1, 2022, these registrations will transition to a three (3) year registration cycle.

(7) Applicants who submit a complete registration renewal application at least thirty (30) days prior to the expiration date of their existing registration, shall have their existing registration administratively extended, until such time as the Department makes a final determination on the registration renewal application.

(8) Upon the Department's review and determination that an application is consistent with these regulations, the Department shall issue, renew, or modify a registration to the applicant, subject to the following conditions:

(a) Registrations issued by the Department are only valid for activities conducted within the State of Alabama;

(b) By-product material for which a Registration has been issued shall no longer be subject to ADEM Admin. Code chaps. 335-13-1 through 335-13-15 provided the by-product is utilized in a manner consistent with the terms and conditions of the Registration and the requirements of ADEM Admin. Code chap. 335-13-16;

(c) The placement, dumping, disposal, or other use of a by-product material in a manner inconsistent with the Registration may be considered an unauthorized dump as defined in ADEM Admin. Code r. 335-13-1-.03. The responsible party may be subject to revocation of the Registration and/or enforcement action by the Department in accordance with ADEM Admin. Code r. 335-13-1-.13;

(d) The issuance of a Registration does not exempt the registrant from compliance with other applicable regulatory requirements when managing or beneficially using a by-product under these regulations; and

(e) If a registrant or applicant is determined to be in significant noncompliance with the requirements of this chapter, the Registration may be revoked or the application for Registration may be denied by the Department.

Ala. Admin. Code r. 335-13-16-.04

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022.

Authors: S. Scott Story, Richard T. Kelsey

Statutory Authority: Code of Ala. 1975, §§ 22-27-9, 22-27-12.