Ohio Admin. Code 3745-40-02 - Purpose, applicability, general requirements, exclusions and prohibitions
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-40-01 of the Administrative Code.]
(A)
Purpose.
(1)
The purpose of this chapter is all of the
following:
(a)
To establish standards applicable to the treatment, storage,
transfer or disposal of sewage sludge or biosolids.
(b)
To establish
standards applicable to the beneficial use of biosolids.
(c)
To reasonably
protect public health and the environment.
(d)
To encourage the
beneficial use of biosolids.
(e)
To minimize the
creation of nuisance odors.
(2)
Said standards
under this chapter are consistent with section 405 of the federal "Water
Pollution Control Act" and regulations adopted
thereunder.
(B)
Applicability.
(1)
Except as
provided in paragraphs (B)(2) to (B)(2)(c)(v) of this rule and as noted within
other rules in this chapter, this chapter is applicable to both of the
following:
(a)
The treatment, storage, transfer, or disposal of sewage
sludge or biosolids.
(b)
The beneficial use of
biosolids.
(2)
The director, or an authorized representative, may
waive any requirement of this chapter or impose a less stringent requirement
than that imposed by this chapter, provided that all of the following are
abided by:
(a)
The authorization to waive a requirement will not result in
a less stringent requirement than required in 40 C.F.R. 503 .
(b)
Waiving the
requirement will not adversely affect public health or the environment.
(c)
The
permittee has requested and received authorization from the director or an
authorized representative, prior to treatment, storage, transfer or disposal of
the sewage sludge or biosolids or the beneficial use of biosolids. The letter
requesting authorization shall include all of the following:
(i)
The specific
requirement of these rules for which the waiver is being
requested.
(ii)
The volume of sewage sludge or biosolids affected by
the waiver being requested.
(iii)
If applicable,
the location, including the county, township and the latitude and longitude,
where the waiver is being requested.
(iv)
An explanation
of why the waiver being requested will not adversely affect the public health
or the environment.
(v)
An explanation of why the waiver being requested is
necessary.
(C)
General
requirements.
(1)
In accordance with Chapter 3745-33 of the
Administrative Code, an NPDES permit is required prior to the discharge of any
pollutant to surface waters of the state.
(2)
General
requirements for sewage sludge.
(a)
The treatment, storage, transfer, or disposal of sewage
sludge shall be in compliance with this chapter and the conditions of an NPDES
permit or a biosolids management plan.
(b)
In accordance
with rules adopted under section
3734.03 of the Revised Code and
licensed under section
3734.05 of the Revised Code,
sewage sludge that is disposed of in a landfill shall be in compliance with the
requirements of this chapter, and rules adopted under Chapter 3734. of the
Revised Code.
(c)
Sewage sludge may be transferred to another treatment
works provided that said treatment works has an NPDES permit or a management
plan for the treatment, storage, transfer, or disposal of sewage sludge or
biosolids, or for the beneficial use of biosolids.
(d)
The treatment,
storage, transfer or disposal of sewage sludge shall be done in a manner as to
minimize odors.
(3)
General
requirements for biosolids.
(a)
Prior to the beneficial use of biosolids, influent
wastewater and septage, or sewage sludge at a treatment works shall be treated
by a process such as physical screening or another method to significantly
remove foreign/ inert matter. Meeting this requirement may be accomplished by
any of the following:
(i)
Screening influent wastewater and influent septage
through a bar screen with a maximum aperture of five-eighths inch
(1.59 centimeters) designed to
screen the average daily design flow.
(ii)
Screening all
biosolids through a bar screen with a maximum aperture of five-eighths inch
(1.59 centimeters) prior to
beneficial use.
(iii)
Obtaining approval from the director for an alternative
method that achieves a removal rate equal to or greater than that achieved by
the screening standards in paragraph (C)(3)(a)(i) or (C)(3)(a)(ii) of this
rule.
(a)
The
alternative method may be achieved by testing biosolids to ensure they contain
less than one point zero per cent foreign/ inert matter by weight on a "number
5 sieve" (four millimeter screen), with no more than one fourth of this matter
being plastic. Samples shall be prepared in accordance with U.S. EPA's " 160.3
Methods for Chemical Analysis of Water and Wastes." Foreign/inert matter
content shall be determined by passing a dried, weighed sample of not less than
one hundred grams of biosolids through a U.S. standard "number 5 sieve" (four
millimeter). The material remaining on the screen shall be inspected and the
foreign/inert matter shall be separated and weighed. The weight of the
foreign/inert matter divided by the total weight of the biosolids sample and
multiplied by one hundred shall be the per cent dry weight of the foreign
matter content. The minimum frequency of monitoring for foreign/inert matter
shall be in accordance with table B-1 of rule
3745-40-09 of the Administrative
Code.
[Comment: Foreign/inert matter is considered solid waste and should not be part of a beneficial use application. Foreign/inert matter should be disposed of within a landfill. When a treatment works is cleaning out a digester or other sewage sludge treatment unit that contains sewage sludge from a time period when influent wastewater or septage was not screened, the treatment works should inspect the biosolids to determine if screening to remove foreign/ inert matter is needed.]
(b)
The treatment, storage, transfer, disposal, or
beneficial use of biosolids shall be in compliance with this chapter and the
conditions of an NPDES permit or a biosolids management plan.
(c)
Biosolids that
are disposed of in a landfill, in accordance with rules adopted under section
3734.03 of the Revised Code and
licensed under section
3734.05 of the Revised Code
shall be in compliance with the requirements of this chapter, and shall be in
compliance with the rules adopted under Chapter 3734. of the Revised
Code.
(d)
Biosolids may be transferred to another treatment works
provided that said treatment works has an NPDES permit or a biosolids
management plan for the treatment, storage, transfer, or disposal of sewage
sludge or biosolids, or the beneficial use of biosolids.
(e)
The treatment,
storage, transfer, disposal, or beneficial use of biosolids shall be done in a
manner as to minimize odors.
(4)
General
requirements for acceptance of non-traditional or alternative feedstocks for
anaerobic digestion. Non-traditional feedstocks (NTFs) shall be approved by the
director prior to use in anaerobic digestion.
(a)
A request for
approval to accept an NTF shall be submitted on forms approved by Ohio EPA and
include, at a minimum, the following, unless waived or modified in writing by
Ohio EPA:
(i)
The name of the treatment works where the NTF will be
accepted.
(ii)
The source or generator of the NTF and the current
disposal method of the NTF.
(iii)
A detailed
description of the NTF including analytical data that identifies any known or
potential parameters of concern (POC) that may cause or threaten to cause an
adverse effect on the anaerobic digestion process or to public health and
safety or the environment.
The analytical data shall be sufficient to characterize representative conditions of the generation of the NTF. Ohio EPA may request additional analytical data after an initial review of the request for approval.
(iv)
A description
and flow diagram of the facility and process that generates the
NTF.
(v)
For each treatment works where the NTF will be
accepted, the maximum amount of the NTF included in the request for approval,
the frequency of acceptance, and the average amount expected at that
frequency.
(vi)
A copy of any material safety data sheets (MSDS) and
hazardous waste determinations for the NTF.
(vii)
Results of
pilot scale digester studies that include, at a minimum, the following:
(a)
A description of
the operational conditions used during the study that shall simulate typical
digester conditions, including mixing the NTF with other feedstocks expected to
be present to determine how feedstocks may interact.
(b)
A measure of the
biodegradability of the NTF and its potential to produce methane via anaerobic
digestion.
(c)
The degree to which the NTF may inhibit methane
production.
(d)
The concentration of each POC before and after
digestion.
(e)
A determination of the potential for odor generation
from the acceptance and management of the NTF.
(viii)
A detailed
description of any impact, including the methods that will be used to control
the impacts, that may result from the following:
(a)
Acceptance of the
NTF in regard to operation of the anaerobic digester.
(b)
Beneficial use of
biosolids generated during anaerobic digestion.
(c)
The management of
odors.
(ix)
A detailed description of any special management or
storage requirements due to the physical, biological or chemical
characteristics of the NTF.
(x)
Any other
information deemed necessary by Ohio EPA.
(b)
A request for
approval to accept an NTF that fails to provide Ohio EPA with required
information may be considered defective. Ohio EPA may either request additional
information or return the application to the applicant without further
processing. An indication of the deficiency shall accompany the application
returned.
(c)
The director or an authorized representative shall not
approve an NTF request submitted in accordance with this rule unless all of the
following are determined:
(i)
The use of the NTF is technically feasible for
anaerobic digestion.
(ii)
Methane production shall be maintained or improved in
the anaerobic digester with the addition of NTF.
(iii)
The treatment
works is in substantial compliance with this chapter and all other applicable
laws and regulations.
(iv)
The applicant has demonstrated that the acceptance and
processing of the NTF and subsequent beneficial use of biosolids will not cause
or threaten to cause an adverse impact on public health and safety or the
environment, or generate nuisance odors.
(v)
The acceptance
and processing of the NTF is unlikely to cause violations of this chapter,
Chapter 6111., 3704., or 3734. of the Revised Code, or any other applicable
federal or state laws or regulations.
(d)
The director or
an authorized representative may establish additional conditions in the
approval of the NTF, including but not limited to, the following:
(i)
Additional
monitoring for any POCs before and after digestion.
(ii)
Additional
monitoring of the beneficial use of biosolids containing the digested NTF (e.g.
soil, field tile runoff after rain event).
(iii)
Periodic
reporting of the volume of NTF accepted and the results of any required
additional monitoring.
(iv)
Minimizing odor generation and preventing nuisance
odors.
(v)
Conditions on acceptance of the NTF that address any of
the following:
(a)
Volume of the NTF to be accepted.
(b)
Frequency of
acceptance of the NTF.
(c)
Anaerobic digester operational conditions, when the NTF
is included.
(d)
Potential interactions of the NTF with other
feedstocks.
(e)
POC concentrations in the NTF.
(f)
Changes in the
NTF generating facility or process.
(g)
Other conditions
determined by the director or an authorized representative to be necessary to
protect public health or safety or the environment.
(e)
The
director may revoke approval of the acceptance of the NTF if any of the
following have occurred:
(i)
Acceptance of the NTF has caused or is causing adverse
effects on the anaerobic digestion process or on public health or safety or the
environment.
(ii)
Acceptance of the NTF is causing a
nuisance.
(iii)
Acceptance of the NTF has caused or is causing
violations of this chapter or any applicable state or federal laws or
regulations.
(D)
Exclusions. This
chapter does not establish requirements for any of the following:
(1)
The ash generated
during incineration of sewage sludge or biosolids.
(2)
The ash generated
during the incineration of sewage sludge or biosolids and other
wastes.
(3)
Sewage sludge or biosolids co-fired in an incinerator
with other wastes or for the incinerator in which sewage sludge or biosolids
and other wastes are co-fired.
(4)
The use or
disposal of grit or screenings.
(5)
Sewage sludge or
biosolids, where either of the following apply:
(a)
There is a
concentration of polychlorinated biphenyls equal to or greater than one
milligram per kilogram of total solids on a dry weight basis.
[Comment: Sewage sludge shall be analyzed in accordance with United States environmental protection agency method 8082A "PCBs by Gas Chromatography," for purposes of this exclusion.]
(b)
The sewage sludge or biosolids are determined to be
hazardous waste as defined in section
3734.01 of the Revised
Code.
(6)
Sludge, where the sludge is either of the
following:
(a)
Generated at an industrial facility during treatment of the
facility's industrial wastewater with or without sewage
present.
(b)
Generated during the treatment of drinking
water.
(7)
The treatment, storage, transfer, beneficial use or
disposal of any of the following:
(a)
Domestic, commercial or industrial septage, unless
septage from multiple sources is combined at a single treatment works prior to
treatment, storage, transfer, disposal or beneficial use. In this case, the
treatment works shall be installed in accordance with Chapter 3745-42 of the
Administrative Code and operated in compliance with this chapter and the
conditions of an NPDES permit.
[Comment: For the purpose of this rule, treatment works does not include vehicles used for the transportation of septage.]
(b)
Grease trap waste.
(c)
Final effluent.
(E)
Prohibitions.
(1)
The surface
disposal of sewage sludge or biosolids is prohibited.
(2)
Sewage sludge or
class B biosolids shall not be placed on any location that is not, as
applicable, authorized for beneficial use, facility storage, field storage or a
regional storage facility. Locations that would not be authorized for
beneficial use, facility storage, field storage or a regional storage facility
include, but are not limited to, public or private roadways, parking lots and
sidewalks.
(3)
The distribution of biosolids that are not exceptional
quality, as described in rule
3745-40-04 of the Administrative
Code, is prohibited.
Replaces: 3745-40-02
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.042, 6111.03
Rule Amplifies: 6111.03, 6111.042
Prior Effective Dates: 4/8/02, 10/1/07, 7/1/11
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