5 Colo. Code Regs. § 1002-64.29
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S, provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission. The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., the following Statement of Basis and Purpose.
BASIS AND PURPOSE
The Commission found that revisions to this regulation were necessary to delete outdated language, clarify confusing language, incorporate Senate Bill 171 fee provisions, and establish a state-wide formula specific to biosolids for calculation of plant available nitrogen.
Section 64.3 , Applicability, was modified to remove reference to water treatment sludge and the co-application of water treatment sludge with biosolids. Recent legislation, Senate Bill 171, moved the authority to regulate water treatment sludge from the Board of Health to the Hazardous Waste Commission.
The text of Section 64.5 was deleted because all materials incorporated by reference in this regulation have been removed (see explanation below for Sections 64.16 and 64.16 , and such materials will now be included in Division policy. The Commission has reserved this section to accommodate future use if the need arises.
A portion of Section 64.6 regarding extension of compliance deadlines beyond February 19, 1995, was deleted as it is no longer applicable. The text of Section 64.7 was deleted for the same reason and was replaced with a new section regarding fees for the biosolids program. SB 171, moved the sewage sludge (biosolids) fee collection authority from the Board of Health to the Commission. Accordingly, the regulation has been updated to implement fee assessment and billing as well as enforcement.
The Commission found it necessary to update several provisions in the Definitions section of the regulation. Section 64.9 was modified to clarify calculation of the agronomic rate to ensure that a consistent method is used by all Colorado preparers, appliers, farmers, regulators and citizens. Historically, this was left to the preparer for interpretation. A workgroup is assisting the Division with developing a policy, "Methodology for Implementation of Regulation 64", that will include a section on agronomic rate calculation. The intent of the policy is to allow all interested parties to easily understand how to calculate plant available nitrogen, and then to compute the biosolids agronomic application rate. The Division policy will be made available on the Department's web page under the Water Quality Control Division Programs. A minor stylistic modification was made to the definition of "Annual Pollutant Loading Limit" in Section 64.9 . In addition, definitions were added for the following terms to correspond with changes made in other sections of the regulation: "Biosolids Management Plan"; "Site Closure"; and "Site Deactivation." "Persons who Prepare Biosolids" was changed to "Preparer," and "Persons who Apply Biosolids" was changed to "Applier." All remaining definitions were re-lettered accordingly.
Section 64.10 was modified to add a paragraph (g) requiring that the Division be notified of other materials to be mixed or applied with biosolids so that appropriate monitoring may be required by the Division, as needed.
Language was added to Section 64.10 to clarify that the paragraph pertains to biosolids that exceed the pollutant limit in Table 3 with respect to metals.
Section 64.10 was deleted as no longer necessary, and subsequent provisions were re-lettered.
Section 64.10 , Terms and Conditions of Notices of Authorization for the Use and Distribution of Biosolids, was modified to require permittees to identify all site closures or site deactivations. This notification will assist the Division and other permittees in determining what sites have had biosolids applied to them, whether a site is still active, and if not, when it was deactivated or closed.
The requirements set forth in Section 64.11 were deleted and the section was reserved for future use (when the Division seeks biosolids program delegation). The Division does not have the delegated authority to implement the federal regulations at this time. In addition, domestic facilities are currently covered under the EPA Region 8 General Sewage Sludge Permit which was implemented in August of 2002 and is scheduled to be renewed August 2007.
Section 64.12 was modified to explain the purpose of Table 2, Cumulative Pollutant Loading Rates, which is currently silent on that issue.
Section 64.15 was modified to clarify the frequency and method of notification required to assure consistent compliance with this provision. Notification will be accepted at a minimum of one time per calendar year via any of the approved formats. Each biosolids preparer or applier has the freedom to choose the notification process that best fits their operation so small preparers or appliers are not disadvantaged. By making the process of notification easier and at a pre-determined frequency, the Division will be able to identify inactive land application sites.
A new Table 5 was added to Section 64.15 to provide a quick reference aid similar to the tables that are currently presented for slope requirements at Section 64.15 . With the addition of this table, the tables in Section 64.15 were re-numbered 6A. and 6B. (previously Tables 5 and 6).
Section 64.15 , Nutrient Management, was modified to add a paragraph number 4 including a formula which details how plant available nitrogen levels in biosolids must be calculated to ensure a consistent method is used by Colorado preparers, appliers, farmers, regulators and citizens. Historically, this was left to the preparer for interpretation. This formula ensures that plant available nitrogen is calculated uniformly by all interested parties. All remaining items were renumbered accordingly.
The Commission deleted the table in Section 64.16 , which listed the Division-approved methods for the analysis of sewage sludge for various parameters. It included EPA-approved methods from publication SW-846, which the Commission had incorporated by reference. The Commission found that these methods change frequently and therefore would be better addressed in a more flexible Division policy.
Similarly, Section 64.16 was modified to delete the reference to methods for soil analysis from the American Society of Agronomy and Soil Science Society of America. The Commission added language to give the Division general authority to approve methods that will now be included in a more flexible Division policy.
Section 64.16 was modified to change the monitoring frequency for soils metals from prior to application and every five years thereafter to prior to application and every ten years thereafter. Currently, entities are required to run two separate extraction methods on soils metals (EPA-TRM, Regulation 64-AB-DTPA). The relaxed frequency will lessen the economic impact of two extractions.
The heading of Section 64.17 was modified from "Report Submittal" to "Annual Report Submittal" to clarify the type of report.
Section 64.17 was modified to add a new requirement to the annual Self-Monitoring Report. Appliers must now include sufficient information to demonstrate compliance with on-site storage requirements and a list of authorized sites with the status of each. All remaining sections were re-lettered accordingly.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-64.29