5 Colo. Code Regs. § 1002-64.33
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The Commission found that revisions to this regulation were necessary to delete outdated language, clarify confusing language, align the regulation better with current practices, and revise language that resulted in conditions that unnecessarily restricted the application and storage of biosolids without corresponding benefits to public health or the environment.
64.7.A was revised to align with current practices for annual billing. To maintain an efficient billing process, a minimum quantity of biosolids was established for applying the annual fee that is consistent with current practices of not billing facilities that generate small quantities of biosolids that would result in a fee of less than $75. A requirement for an annual notice from the division providing the fee schedule was removed. The due date for payment of the annual fee was removed and replaced with language consistent with division CDPS permit language that allows for the due date to be established at the time of billing.
The language within section 64.13 was modified to clarify the exemptions for the requirement of a Notice of Authorization. The term "Long Term" was added to the section title, and Short Term Storage (section 64.13.F .) was modified and moved into Section 64.13.B ., to more clearly and properly define short term storage as an exemption. The wording of 64.13.B(4) was also modified to more clearly and properly define this exemption.
Requirements for storage of liquid versus dewatered biosolids were revised in section 64.13.D and E to remove a requirement that all biosolids less than 14% solids be treated as liquid and all biosolids of 14% solids and greater be treated as dewatered biosolids. Because of continually evolving treatment processes, and significant variations between biosolids material, some biosolids with less than 14% solids may behave as a solid material and are therefore appropriate to be stored and managed as solid materials.
Section 64.13 revisions have been further clarified with several additions to the definitions section (see section 64.9) which include "Dewatered Biosolids", "Liquid Biosolids", "Short Term Storage", "Storage of Biosolids - Long Term" and "Transfer/Offloading Area".
Under section 64.15.D , the language was expanded to allow the use of site operating plans within the Letter of Intent to allow more flexibility in determining the suitability and applicability of permitted application sites with regard to protection of groundwater. This language allows for alternatives to only looking at the annual high groundwater table to determine that groundwater will be protected.
Section 64.16.A was added to identify that lab analysis for biosolids are valid for one year. This has been the division's long term practice to ensure the data is valid, and identifying in regulation will provide clarity to generators.
Monitoring requirements for Chromium in biosolids (Table 8), and of heavy metals in soils (Table 10) were removed from section 64.16 . Neither Regulation 64 nor the EPA 40 CFR Part 503 have regulatory limits for these parameters and no specific need has been identified for this data to justify the continued cost of analysis. Due to this removal, the requirement in section 64.10.A , of submitting results of Table 10 heavy metals in soils with a Letter of Intent was also removed.
Additional changes have been made at several locations within the regulations to either correct typographical errors or to increase clarity. These corrections either have no effect on the meaning of the regulation or revise the meaning of the regulation.
Since the previous commission review of this regulation the Board of Health has revised regulation 6 CCR 1007-1 to include additional requirements for technologically enhanced naturally occurring radioactive material (TENORM) that are applicable to biosolids in Colorado. These rules are implemented by the Colorado Hazardous Materials and Waste Management Division, and although can be applicable to biosolids, are independent of this regulation. Biosolids Generators and land appliers should be aware of these separate rules.
5 CCR 1002-64.33