Ohio EPA releases guidance for early stakeholder outreach on revised code review and update
On 30-NOV-2015, the Ohio Environmental Protection Agency, Division of Surface Water released “Early Stakeholder Outreach – Sewage Sludge OAC Chapter 3745-40” fact sheet. The fact sheet is intended to provide guidance to stakeholders early in the development process for OH interested party draft rules as part of the five year review of the OH Revised Code 119.032 in which Chapter 3745-40 of the Code “contains rules for the disposal, use, storage, transfer, and treatment of sewage sludge and biosolids and the beneficial use of biosolids.”
The following changes are under consideration as part of the rule update and are identified in the guidance:
“Adding complaint notification requirements that if a land applier receives a complaint they need to notify Ohio EPA.
“3745-40-01 Definitions
3745-40-05 Notice and necessary information requirements for biosolids and other notification requirements
3745-40-10 Facility storage requirements
3745-40-11 Signage requirements for beneficial use sites receiving class B biosolids
3745-40-12 Compliance and enforcement; and spill notification requirements
3745-40-02 Purpose, applicability, general requirements, exclusions and prohibitions
Listing inert sampling as a way to meet the screening requirements in OAC 3745-40-02(C)(3). Sampling results and
methods would mirror Table 3 in OAC 3745-560-330.
3745-40-03 NPDES permit requirements and management plan requirements
Adding more detailed requirements to management plans, including the requirement for a spill contingency plan to be submitted. The rule would detail the information that would need to be included in the spill contingency plan.
Changing the name of management plans to “land application management plan”
3745-40-04 Biosolids classifications
Removing the comment that specifies that seven bacteria samples need taken over a 2-week period. Instead, bacteria samples should be taken according to the facility’s standard operating procedure.
Removing the requirement from OAC 3745-40-04 (B)(16)(a) that permittees must obtain an equivalency recommendation from the pathogen equivalency committee of US EPA. It will instead be determined by the permitting authority.
Adding that for SOUR testing, it is required to take the arithmetic mean of at least seven successive SOUR tests over a two to three week period.
3745-40-06 Authorization for a beneficial use site, site transfer requirements and site amendment requirements for class B biosolids.
Changing the rule to consider a parent company of multiple facilites as a single generator.
Adding that site applications must include the locations of potential stockpiles.
3745-40-07 Requirements for the storage of biosolids: isolation distance requirements and requirements for beneficial use sites and regional facility storage
Adding an isolation distance for stockpiles from neighboring homes.
Specifying that storage needs to be at an authorized site.
3745-40-08 Requirements for the beneficial use of biosolids: general requirements, prohibitions, isolation distance requirements, site specific requirements, and additional site restrictions for the beneficial use of class B biosolids.
Prohibiting night time land application between the hours of 11:00 PM and 5:00 AM, unless GIS equipment is being used to ensure isolation distances are being met.
3745-40-09 Approved sampling methods, monitoring frequency requirements, record retention and annual reporting requirements
Stating that fecal coliform sampling procedures shall be specified in facilities’ standard operating procedure documents.
Stating the standard operating procedures need to be developed if drag lines and frac tanks will be utilized at authorized beneficial use sites.
Adding that standard operating procedures need to be developed detailing how a beneficial user will ensure that leaks, spills and hose ruptures will be monitored and addressed if the user will be applying at night.”
See attached fact sheet (ESO_OAC Chapter 3745-40_nov15).
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