(6/23/11)
Efforts to support land application in the face of legislative, regulatory and legal challenges have continued to maintain the status quo that allows for a relatively cost effective biosolids management program for DC
Water. Revisions to the state biosolids use regulations in Virginia have completed public comment and are currently out for review by a technical advisory committee. In Maryland, the state Department of Agriculture is working on revisions to its nutrient management criteria that are likely to further limit the use of biosolids land application.
Revised state regulations were issued in late February for a 60-day public comment period that ended April
29, 2011. Overall, public comment supported the continuation of the basic land application program. There were 72 comments in support of the program and 62 in opposition. Staff for the Department of
Environmental Quality made a number of revisions to the public comment draft, which will be considered by the TAC at its meeting on June 24.
1 DEQ staff has announced plans to bring the regulations to the state
Water Control Board for final action in October 2011.
Among the major issues still under discussion are buffer/setback distances, new requirements for notification and new restrictions on the use of Class A biosolids.
The key change in the buffers/setbacks allows for residents of “occupied dwelling units” adjacent to farm fields receiving biosolids to request an extension of the setback from 200 to 400 feet. Although this provision received the reluctant support of the TAC in its initial discussions several years ago, it was strongly opposed by farmers and others who commented during the recent comment period. Moreover,
DEQ staff increased a number of other buffer/setback distances in the latest draft that were not supported by the TAC.
In regard to Class A biosolids, the new regulations add requirements for testing and nutrient management plans that could impact the cost and marketability of Class A products such as compost and blended soil amendments.
Potential BPRC Action: DC Water and COG staff continue to work through the Biosolids Workgroup of
VAMWA to craft TAC positions and other comment on the regulations. After the final TAC meeting and preparation of a final draft for consideration by the Water Control Board, the BPRC will have the opportunity on its own or in conjunction with VAMWA to comment before the Board.
The Maryland Department of the Environment has not yet issued its proposed revision of its biosolids use regulation for public comment. However, the Maryland Department of Agriculture is currently considering a number of changes to its nutrient management regulations that would affect biosolids land application. The changes, which are similar to those that were proposed in the (unsuccessful) House Bill 24 during the recent General Assembly session, would eliminate the use of biosolids on fields being used to grow soybeans and would lower application rates during defined fall and winter application windows to a one-year crop removal rate for phosphorus, which is below a threshold that application companies consider to be feasible. Although very little Blue Plains biosolids is applied in Maryland, adoption of these new rules could pose a precedent that would be extremely costly were it to be adopted elsewhere in the region.
Potential BPRC Action: WSSC, DC Water and COG staff are working through MAMWA to see whether
MDA will accept changes in its proposed new rules.
: Karl Berger 202-962-3350 /
1 Karl Berger represents the BPRC’s interests on the TAC.
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