5 Colo. Code Regs. § 1002-64.14

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-64.14 - DISTRIBUTION AND MARKETING OF BIOSOLIDS

A.Distribution of Biosolids for Unrestricted (Lawn and Home Garden) Use

(1) No person shall distribute or market biosolids to the public for unrestricted use unless a Notice of Authorization for the Use and Distribution of Biosolids has been issued by the Division pursuant to section 64.10 of these regulations for public distribution of biosolids, and

(a) the biosolids meet the Table 3 Pollutant Concentration Limits with respect to metals as defined in section 64.12 , of these regulations, and

(b) the biosolids meet the criteria for Class A with respect to pathogen destruction as defined in section 64.12 of these regulations, and meet at least one of the vector attraction reduction criteria as defined in paragraphs 64.12(C)(3) through (10) of these regulations at the point at which the biosolids are distributed or marketed to the public, and

(2) When biosolids are distributed or marketed to the public for unrestricted use, information shall be made available to the public, in the form of labeling, information sheets, and written cautions or written instructions for use. At a minimum such information shall include the following:

(a) the name and address of the person who prepared the biosolids which are sold or given away, and

(b) the typical concentration of plant nutrients on a dry weight percentage basis including, at a minimum total nitrogen, total phosphorus, and total potassium in the biosolids.

B.Distribution of Biosolids for Restricted Use

(1) No person shall distribute or market bagged or containerized biosolids to the public for restricted use unless a Notice of Authorization for the Use and Distribution of Biosolids has been issued by the Division pursuant to section 64.10 of these regulations for public distribution of biosolids, and

(a) the biosolids meet, at a minimum, Table 1 Pollutant Concentration Limits with respect to metals as defined in section 64.12 , of these regulations, and

(b) the biosolids meet the criteria for Class A with respect to pathogen destruction as defined in section 64.12 of this regulation, and meet at least one of the vector attraction reduction criteria as defined in paragraphs 64.12(C)(3) through (10) of these regulations at the point at which the biosolids are distributed or marketed to the public, and

(2) When biosolids which are distributed or marketed to the public for restricted use are considered to be Table 1 limits with respect to metals, information shall be made available to the public, in the form of labeling, information sheets, written cautions or written instructions for use. At a minimum such information shall include the following:

(a) the name and address of the person who prepared the biosolids which are sold or given away, and

(b) the typical concentration of plant nutrients on a dry weight percentage basis including, at a minimum, total available nitrogen, total phosphorus, and total potassium in the biosolids, and

(c) the maximum allowable annual biosolids application rate as calculated based upon the Table 4 Annual Pollutant Loading Rate and based upon either of the following:

(i) The maximum allowable annual biosolids application rate shall be calculated based upon the most recent twelve months' analysis of the biosolids for the parameters for which numeric limitations are identified in Table 4. Labeling, information sheets, written cautions or written instructions for use shall identify the maximum allowable annual biosolids application rate for the biosolids based upon the maximum reported values for the twelve-month period and such advisory information shall be updated on a monthly basis, or

(ii) the maximum allowable annual biosolids application rate shall be calculated based upon a value representing the arithmetic average of a minimum of six analyses of the biosolids for the parameters for which numeric limitations are identified in Table 4 plus one standard deviation. Labeling, information sheets, written cautions or written instructions for use which identify the maximum allowable annual application rate for the biosolids shall be updated on a semi-annual basis.

Table 4 - Annual Pollutant Loading Rate Limits

Pollutant	kg/ha (lbs/ac)
Arsenic	2.00 (1.79)
Cadmium	1.90 (1.70)
Copper	75.00 (66.94)
Lead	15.00 (13.39)
Mercury	0.85 (0.76)
Molybdenum
Nickel	21.00 (18.74)
Selenium	5.00 (4.46)
Zinc	140.00 (124.96)

5 CCR 1002-64.14

44 CR 17, September 10, 2021, effective 9/30/2021