BILL ANALYSIS
S.B. 977
By: Sims (Lewis, Ron)
May 10, 1995
Committee Report (Unamended)
BACKGROUND
Currently, the Texas Natural Resource Conservation Commission is
responsible for regulating the land application of biosolids. Some
feel that while professing to promote the beneficial use of
biosolids, the commission's frequent changing of rules and the
varying interpretation of those rules has caused instability in the
industry.
PURPOSE
SB 977 sets forth provisions for the beneficial land application of
biosolids.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Natural Resource Conservation Commission under SECTION
3 of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 361.003(37) and (38), Health and Safety
Code, to specify that the definition of "solid waste" does not
include any sewage sludge processed or treated to meet the
definition of exceptional quality biosolids as defined by Section
374.002.
SECTION 2. Amends Sections 361.022(c) and (d), Health and Safety
Code, to include, among preferences for the reduction of municipal
sludge, non-beneficial incineration and treatment of sludge to
generate useable biosolids. Removes from the list of preferences,
marketing and distribution of sludge and sludge products. Requires
the Texas Natural Resource Conservation Commission (commission),
rather than the board of health, to consider the preference of
solid waste management methods under this section in adopting
rules.
SECTION 3. Amends Title 5B, Health and Safety Code, by adding
Chapter 374, as follows:
CHAPTER 374. BENEFICIAL LAND APPLICATION OF BIOSOLIDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 374.001. PURPOSE; APPLICABILITY. (a) Provides that this
chapter establishes standards for the final use or disposal,
through beneficial land application, of biosolids and certain
domestic septage generated during the treatment of domestic
sewage in treatment works. The standards in this chapter
apply only to biosolids or certain treated domestic septage
that is applied to the land, and include pathogen and
alternative vector attraction reduction requirements for
biosolids or certain treated domestic septage applied to the
land at or below an agronomic rate.
(b) Makes this chapter applicable to a person who prepares
sewage sludge or applies biosolids or certain domestic septage
to the land, biosolids or certain domestic septage applied to
the land, and land on which biosolids or certain domestic
septage is applied.
Sec. 374.002. DEFINITIONS. Defines "apply biosolids" or
"biosolids applied to the land," "base flood," "biosolids,"
"commission," "commissioner," "cover crop," "Clean
Water Act," "domestic septage," "domestic sewage," "dry weight
basis," "EPA," "exceptional quality biosolids," "executive
director," "feed crops," "fiber crops," "food crops,"
"groundwater," "industrial wastewater," "municipality,"
"permitting authority," "person who prepares sewage sludge,"
"place sewage sludge" or "sewage sludge placed," "pollutant,"
"pollutant limit," "runoff," "sewage sludge," "soil type,"
"soil survey map," "store" or "storage of biosolids," "treat"
or "treatment of sewage sludge," "treatment works," and
"wetlands."
Sec. 374.003. PROHIBITION. Prohibits a person from using or
disposing of biosolids except in accordance with the
requirements of this chapter.
Sec. 374.004. PERMITS. Except as provided by this chapter,
the only permit required for biosolids or certain domestic
septage applied to land is a permit required for a treatment
facility for waste discharge or disposal under Chapter 26.027,
Water Code; or under Chapter 382.
Sec. 374.005. REGISTRATION REQUIRED; APPLICATION. (a)
Requires a person to apply to the commission for a
registration to beneficially apply biosolids and certain
domestic septage to land. Provides that a registration is not
required for marketing, distribution, or land application of
exceptional quality biosolids.
(b) Authorizes an application form to request only the
information necessary for the commission to reasonably enforce
this chapter and for an applicant to show compliance with this
chapter.
(c) Requires the commission to review an application to
determine if the application is administratively and
technically complete not later than the 40th day after the
date the commission received the application. Prohibits the
commission from revoking a finding of administrative and
technical completeness.
Sec. 374.006. NOTICE OF DEFICIENCY. (a) Requires the
commission, if it determines that an application is not
administratively and technically complete, to mail the
applicant a notice of deficiency. Requires an applicant to
respond to the commission not later than the 30th day after
the date the commission mails the notice of deficiency.
(b) Requires the commission to send an additional notice of
deficiency not later than the 10th day after the date the
commission receives a response to a prior notice.
(c) Authorizes the commission to have only one notice of
deficiency pending for each application site at any time.
Authorizes any supplemental notice of deficiency to address
only an applicant's response to a previous notice.
Sec. 374.007. NOTICE OF APPLICATION FOR LAND APPLICATION.
Requires the commission, with the exception for biosolids that
are Class A and at the time an application for a new
beneficial land application project becomes administratively
and technically complete, to mail a copy of the application to
the county judge of the county in which the project is
proposed to be located, and to mail written notice of the
application to all persons shown in the current records of the
appraisal district to be the owners of the property adjacent
to the property proposed to be registered.
(b) Sets forth the required text of the notice.
(c) Requires the notice to include commission literature
describing the benefits of beneficial land application and
informing the public that beneficial land application projects
that comply with this chapter are safe.
(d) Requires the public meeting to be held by a certain date
and in the county in which the site will be located.
Sec. 374.008. MAILING OF NOTICE. Requires all notices from
the commission to an applicant to be sent by certified mail,
return receipt requested.
Sec. 374.009. GRANT OF APPLICATION; UPDATE; TERM; TRANSFER.
(a) Requires the commission to grant a registration
application not later than the 30th day after the application
is technically and administratively complete, if a public
meeting is not held, and not later than the 75th day if a
public meeting is held.
(b) Requires site registration information on file with the
commission to be confirmed or updated if the name, mailing
address, or phone number of the owner or operator is changed;
the executive director requests the confirmation or update; or
the source of the biosolids is modified.
(c) Requires the commission to automatically renew a
registration every five years from the date the initial
registration is granted. Declares that a registration renewal
incorporates new standards required by changes in federal or
state law. Provides that this subsection does not limit the
commission's authority to suspend or revoke a permit under
other law.
(d) Authorizes a registration to be transferred, and prohibits
the executive director of the commission (executive director)
from unreasonably denying a transfer request.
(e) Authorizes the commission to adopt procedural rules and
forms to implement this chapter; prohibits the commission from
adopting rules more stringent than the requirements
established in this chapter.
Sec. 374.010. ADDITIONAL OR MORE STRINGENT REQUIREMENTS.
Authorizes the members of the commission, on a case-by-case
basis, to impose requirements for the use or disposal of
biosolids or certain domestic septage, in addition to the
requirements of this chapter, as necessary to protect the
public health and the environment from any documented,
demonstrable adverse effect of a pollutant in the biosolids or
certain domestic septage.
Sec. 374.011. EXCLUSIONS. (a) Provides that this chapter
does not require the selection of a sewage sludge use or
disposal practice, and that such determination is a local
determination.
(b) Sets forth exclusions to the requirements of this chapter
regarding processes used to treat sludge, as well as sludge
generated at an industrial facility, hazardous sewage sludge,
sewage sludge with high PCB concentration, incinerator ash,
grit and screenings, drinking water treatment sludge,
commercial and industrial septage, and experimental use.
(c) Authorizes the executive director, if more than 50 percent
of the effluent processed by a municipal treatment plant has
been generated at an industrial facility, to regulate the use
and disposal of the sewage sludge.
Sec. 374.012. REQUIREMENT FOR PERSON WHO PREPARES SEWAGE
SLUDGE. Requires a person who prepares sewage sludge to
ensure that the applicable requirements in this chapter are
met when the biosolids or certain domestic septage is applied
to the land or placed on a surface disposal site.
Sec. 374.013. SAMPLING AND ANALYSIS. Requires representative
samples of biosolids or certain domestic septage applied to
the land to be collected and analyzed according to certain
materials. Requires the commission to maintain copies of
these materials for public inspection, and to publish notice
of any changes to these materials in the Texas Register.
Requires an applicant for a new registration and once every
five years from the date the registration is granted to
provide the commission with soil samples for determining
background levels of specific pollutants and sets forth the
procedures for provision of samples.
SUBCHAPTER B. LAND APPLICATION
Sec. 374.051. DEFINITIONS. Defines "agricultural land,"
"agronomic rate," "annual pollutant loading rate," "annual
whole biosolids application rate," "bulk biosolids,"
"cumulative pollutant loading rate," "forest," "land
application," "monthly average," "other container," "pasture,"
"public contact site," "rangeland," and "reclamation site."
Sec. 374.052. APPLICABILITY OF SUBCHAPTER. Provides that
this section applies to a person who prepares sewage sludge
that is applied to the land, a person who applies biosolids or
certain domestic septage to the land, biosolids or certain
domestic septage applied to the land, and the land on which
the biosolids or certain domestic septage is applied.
Sec. 374.053. GENERAL REQUIREMENTS AND MANAGEMENT PRACTICES
NOT APPLICABLE. Sets forth as exceptions to the applicability
of the general requirements of Section 364.056 and the
management practices of Section 374.061 land application of
exceptional quality bulk biosolids, land application of
certain bulk material, the sale or giveaway of biosolids in a
container, and the sale or giveaway of material derived from
sewage sludge in a container.
Sec. 374.054. LAND APPLICATION REQUIREMENTS NOT APPLICABLE.
Sets forth as exceptions to the applicability of the
requirements of this subchapter land application of bulk
material derived from certain sewage sludge, or the sale or
giveaway of a material derived from certain sewage sludge in
a container.
Sec. 374.055. EXECUTIVE DIRECTOR MAY APPLY GENERAL
REQUIREMENTS AND MANAGEMENT PRACTICES. Authorizes the
executive director to apply any or all of the general
requirements of Section 374.056 or the management practices
required by Section 374.061 to the bulk biosolids and bulk
material under Sections 374.053(1) and (2) on a case-by-case
basis after determining that the requirements or practices are
needed to protect the public health and environment from any
reasonably anticipated adverse effect that may occur from any
pollutant in the bulk biosolids.
Sec. 374.056. GENERAL REQUIREMENTS. (a) Prohibits a person
from applying biosolids or certain domestic septage to the
land except in accordance this subchapter.
(b) Prohibits a person from applying bulk biosolids subject to
the cumulative pollutant loading rates set by Section
374.058(b) to agricultural land, a forest, a public contact
site, or a reclamation site, if any of the rates have been
reached.
(c) Prohibits a person from applying domestic septage to
agricultural land, a forest, or a reclamation site during a
365-day period, if the annual application rate in Section
374.059 has been reached during that period.
(d) Requires a person who prepares bulk sewage sludge applied
to agricultural land, a forest, a public contact site, or a
reclamation site to notify in writing the person who applies
the bulk biosolids regarding the concentration of total
nitrogen in the bulk sewage sludge.
(e) Requires the person who applies the bulk biosolids to
obtain certain information needed to comply with this
subchapter.
(f) Requires a person who proposes to apply bulk biosolids
subject to the cumulative pollutant loading rates set by
Section 374.058(b) to land to contact the commission to
determine whether bulk biosolids subject to those rates have
been applied to the site since August 19, 1993.
(g) Authorizes the cumulative amount for each pollutant, if
bulk biosolids subject to the cumulative loading rates have
not been applied since August 19, 1993, to be applied to the
site as provided by Section 374.057(b)(1).
(h) Requires the cumulative amount of each pollutant applied
to the site, if bulk sewage sludge has been applied to the
site since August 19, 1993, and the cumulative amount of each
pollutant applied to the site in the bulk biosolids since that
date is known, to be used to determine the additional amount
of each pollutant that may be applied to the site.
(i) Prohibits an additional amount of each pollutant from
being applied to the site under Section 374.057(b)(1) if bulk
biosolids subject to the cumulative pollutant loading rates
set by Section 374.058(b) have been applied to the site since
August 19, 1993, and the cumulative amount of each pollutant
in the bulk biosolids applied to the site since that date is
not known.
(j) Requires the person who prepares bulk sewage sludge, when
that person provides the bulk biosolids to a person who
applies the bulk biosolids to land, to provide to the person
who applies the bulk biosolids notice and necessary
information to comply with this subchapter.
(k) Requires the person who prepares the sewage sludge, when
that person provides the sewage sludge to another person who
prepares the sewage sludge, to provide to the person who
receives the sewage sludge notice and necessary information to
comply with this subchapter.
(l) Requires a person who applies bulk biosolids to the land
to provide to the owner or lease holder of the land notice and
information necessary for compliance with this subchapter.
(m) Requires a person who prepares bulk sewage sludge that is
applied to land outside of Texas to provide written notice,
before the initial application of the bulk biosolids, to the
permitting authority of that state. Sets forth the required
contents of the notice.
(n) Requires a person who applies bulk biosolids subject to
the cumulative pollutant loading rates set by Section
374.057(b) to provide written notice, before the initial
application of the bulk biosolids, to the commission, and
requires the commission to retain and provide access to the
notice. Sets forth the required contents of the notice.
Sec. 374.057. POLLUTANT LIMITS: BIOSOLIDS. (a) Prohibits
bulk biosolids or biosolids sold or given away in a container
from being applied to the land if the concentration of any
pollutant in the biosolids exceeds the ceiling concentration
for the pollutant.
(b) Stipulates that if bulk biosolids are applied to
agricultural land, a forest, a public contact site, or a
reclamation site, the cumulative loading rate for each
pollutant may not exceed the cumulative loading rate set for
the pollutant; or the concentration of each pollutant in the
biosolids may not exceed the concentration set for the
pollutant.
(c) Prohibits the concentration of each pollutant in bulk
biosolids applied to a lawn or home garden from exceeding the
concentration set for the pollutant.
(d) Prohibits the concentration of each pollutant in biosolids
sold or given away in a container from exceeding the
concentration set for the pollutant, or for the product of the
concentration of each pollutant in the biosolids and the
annual whole biosolids application rate, the biosolids may not
exceed the annual pollutant loading rate set for the
pollutant.
Sec. 374.058. POLLUTANT CONCENTRATIONS AND LOADING RATES.
Sets forth technical tables of ceiling concentrations,
cumulative pollutant loading rates, pollutant concentrations,
and annual pollutant loading rates for certain pollutants.
Sec. 374.059. PROCEDURE TO DETERMINE ANNUAL WHOLE BIOSOLIDS
APPLICATION RATE FOR BIOSOLIDS. Sets forth the procedure and
equations for determining the annual whole biosolids
application rate for biosolids.
Sec. 374.060. POLLUTANT LIMITS: DOMESTIC SEPTAGE. Sets forth
the equation for determining the maximum annual application
rate for domestic septage applied to agricultural land,
forest, or a reclamation site.
Sec. 374.061. MANAGEMENT PRACTICES. (a) Prohibits bulk
biosolids or certain domestic septage from being applied to
land if it is likely to adversely affect certain threatened or
endangered species or the species' designated critical
habitat.
(b) Prohibits bulk biosolids from being applied to
agricultural land, a forest, a public contact site, or a
reclamation site that is flooded, frozen, or snow covered so
that the bulk biosolids or certain domestic septage enters
waters of the state, except as provided in a permit issued
under Chapter 26, Water Code.
(c) Prohibits bulk biosolids or certain domestic septage from
being applied to agricultural land, a forest, or a reclamation
site in a certain location.
(d) Authorizes bulk biosolids to be applied to agricultural
land, a forest, a public contact site, or a reclamation site
at a whole biosolids application rate equal to or less than
the agronomic rate for the bulk biosolids, unless otherwise
specified by the commission.
(e) Requires either a label to be affixed to the biosolids
container or an information sheet to be provided to the
receiver of the biosolids. Sets forth the information
required on the label or information sheet.
(f) Sets forth guidelines for the storage of biosolids at a
registration site.
(g) Requires a natural or artificial equivalent barrier of one
foot of compacted clay with a specific permeability and lining
to be provided for the purposes of Subsection (f)(2)(E)(ii).
(h) Authorizes an operator to stage biosolids on-site before
land application for not more than five days without being
subject to Subsection (f).
Sec. 374.062. OPERATIONAL STANDARDS: PATHOGENS--BIOSOLIDS.
(a) Requires the Class A pathogen requirements or the Class B
pathogen requirements and site restrictions to be met if bulk
biosolids are applied to agricultural land, a forest, a public
contact site, or a reclamation site.
(b) The Class A pathogen requirements must be met if bulk
biosolids are applied to a lawn or a home garden.
(c) The Class A pathogen requirements must be met if biosolids
are sold or given away in a container for application to the
land.
Sec. 374.063. OPERATIONAL STANDARDS: PATHOGENS--DOMESTIC
SEPTAGE. The requirements of Section 374.095 (a) or (b) must
be met if domestic septage is applied to agricultural land, a
forest, or a reclamation site.
Sec. 374.064. OPERATIONAL STANDARDS: VECTOR ATTRACTION
REDUCTION--BIOSOLIDS. Sets forth the vector attraction
reduction requirements if bulk biosolids and biosolids are
applied to certain lands.
Sec. 374.065. OPERATIONAL STANDARDS: VECTOR ATTRACTION
REDUCTION--DOMESTIC SEPTAGE. Sets forth the vector attraction
reduction requirements if domestic septage is applied to
certain lands.
Sec. 374.066. FREQUENCY OF MONITORING: LAND APPLICATION OF
BIOSOLIDS. Sets forth guidelines and a table for the
frequency of monitoring for certain pollutants, pathogen
density requirements, and vector attraction reduction
requirements related to biosolids.
Sec. 374.067. FREQUENCY OF MONITORING: DOMESTIC SEPTAGE.
Requires each container of domestic septage applied to the
land to be monitored for compliance with the applicable
requirements if the pathogen requirements or vector attraction
reduction requirements are met when domestic septage is
applied to agricultural land, a forest, or a reclamation site.
Sec. 374.068. RECORDKEEPING: BIOSOLIDS. Sets forth the
guidelines for recordkeeping concerning biosolids.
Sec. 374.069. RECORDKEEPING: DOMESTIC SEPTAGE. Sets forth
the guidelines for recordkeeping concerning domestic septage.
Sec. 374.070. REPORTING. Requires a facility permitted under
Section 26.027, Water Code, to submit certain required
information to the commission.
SUBCHAPTER C. PATHOGENS; VECTOR ATTRACTION REDUCTION; PROCESSES TO REDUCE PATHOGENS
Sec. 374.081. SCOPE. Provides that this subchapter contains
requirements for biosolids to be classified as either Class A
or Class B, with respect to pathogens; the site restrictions
for land on which a Class B biosolids are applied; the
pathogen requirements for domestic septage applied to
agricultural land, forest, or a reclamation site; alternative
vector attraction reduction requirements for biosolids that
are applied to the land or placed on a surface disposal site;
and the processes to reduce pathogens.
Sec. 374.082. DEFINITIONS. Defines "aerobic digestion,"
"anaerobic digestion," "density of microorganisms," "land with
a high potential for public exposure," "land with a low
potential for public exposure," "pathogenic organisms," "Ph,"
"specific oxygen uptake rate (SOUR)," "total solids,"
"unstabilized solids," "vector attraction," and "volatile
solids."
Sec. 374.083. PATHOGENS: BIOSOLIDS--CLASS A. Requires the
requirements of Subsections (b) and (c) and the requirements
of Section 374.084, 374.085, 374.086, 374.087, 374.088, or
374.089 to be met for biosolids to be classified as Class A
with respect to pathogens. Sets forth pathogen requirements
for biosolids - Class A. Sets forth density requirements of
fecal coliform or of Salmonella sp. bacteria in biosolids.
Sec. 374.084-374.089. PATHOGENS: BIOSOLIDS--CLASS A. Sets
forth Alternatives 1-6 for Class A biosolids with respect to
pathogen requirements.
Sec. 374.090. PATHOGENS: BIOSOLIDS--CLASS B. Requires the
requirements of Section 374.091, 374.092, or 374.093 to be met
for biosolids to be classified Class B with respect to
pathogens. Sets forth pathogen requirements for biosolids -
Class B.
Sec. 374.091-374.093. PATHOGENS: BIOSOLIDS--CLASS B. Sets
forth Alternatives 1-3 for Class B biosolids with respect to
pathogen requirements.
Sec. 374.094. SITE RESTRICTIONS. (a) Prohibits food crops
with harvested parts that touch the mixture of biosolids and
soil and are completely above the land surface from being
harvested for 14 months after application of biosolids.
(b) Prohibits food crops with harvested parts below the
surface of the land from being harvested for 20 months after
application of biosolids if the biosolids remain on the land
surface for four months or more before incorporation into the
soil.
(c) Prohibits food crops with harvested parts below the
surface of the land from being harvested for 38 months after
application of biosolids if the biosolids remain on the land
surface for less than four months before incorporation into
the soil.
(d) Prohibits food crops, feed crops, and fiber crops from
being harvested for 30 days after application of biosolids.
(e) Prohibits animals from being allowed to graze on the land
for 30 days after application of biosolids.
(f) Prohibits turf grown on land where biosolids are applied
from being harvested for one year after application of the
biosolids if the harvested turf is placed in land with a high
potential for public exposure or a lawn, unless otherwise
specified by the commission.
(g) Restricts for one year after application of biosolids
public access to land with a high potential for public
exposure.
(h) Restricts for 30 days after application of biosolids
public access to land with a low potential for public
exposure.
Sec. 374.095. DOMESTIC SEPTAGE. (a) Requires the site
restrictions set by Section 374.094 to be met if domestic
septage is applied to agricultural land, a forest, or a
reclamation site.
(b) Sets forth requirements for the Ph of domestic septage
applied to agricultural land, a forest, or a reclamation site.
Sec. 374.096. VECTOR ATTRACTION REDUCTION. Sets forth vector
attraction reduction guidelines and requirements.
Sec. 374.097. PROCESSES TO SIGNIFICANTLY REDUCE PATHOGENS
(PSRP). Authorizes certain processes to be used to
significantly reduce pathogens in sewage sludge, including
aerobic digestion, air drying, anaerobic digestion,
composting, and lime stabilization.
Sec. 374.098. PROCESSES TO FURTHER REDUCE PATHOGENS (PFRP).
Authorizes certain processes to be used to further reduce
pathogens in sewage sludge, including composting, heat drying,
heat treatment, thermophilic aerobic digestion, beta ray
irradiation, gamma ray irradiation, and pasteurization.
SECTION 4. (a) Effective date: September 1, 1995.
(b) Declares that, except as provided by Subsection (c) of
this section, a requirement in a registration or permit for
the beneficial land application of sewage sludge or biosolids
or certain domestic septage issued by the Texas Natural
Resource Conservation Commission or the Texas Department of
Health before September 1, 1995, that is more stringent than
the requirements established by Chapter 374, Health and Safety
Code, as added by this Act, is superseded by this Act.
(c) Authorizes members of the Texas Natural Resource
Conservation Commission to keep in place a more stringent
requirement on a case-by-case basis in a registration or
permit issued before September 1, 1995, if the requirement is
necessary to protect the public health and the environment.
SECTION 5. Emergency clause.
SUMMARY OF COMMITTEE ACTION
SB 977 was considered by the House Committee on Environmental
Regulation in a formal meeting on May 10, 1995. SB 977 was
reported favorably without amendment with the recommendation that
it do pass and be printed, by a record vote of five (5) ayes, no
(0) nays, no (0) present not voting, and four (4) absent.