BILL ANALYSIS C.S.S.B. 977 By: Sims Natural Resources 05-03-95 Committee Report (Substituted) BACKGROUND Currently, the Texas Natural Resource Conservation Commission is responsible for regulating the land application of biosolids. 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 As proposed, C.S.S.B. 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 (Section 374.009(e), Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 361.003(37) and (38), Health and Safety Code, to exclude from the definition of "solid waste" 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, and to require 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, and includes 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," "ground water," "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. Sets forth the permit requirements for biosolids or certain domestic septage applied to land as regulated by this chapter. 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 10th 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 a specific exception 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) Sets forth the dates the commission shall grant a registration application. (b) Requires site registration information on file with the commission to be confirmed or updated under certain circumstances. (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 and sets forth restrictions on that authority. 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 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 under certain conditions. (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 exceptions to the applicability of the general requirements of Section 364.056 and the management practices of Section 374.061. Sec. 374.054. LAND APPLICATION REQUIREMENTS NOT APPLICABLE. Sets forth exceptions to the applicability of the requirements of this subchapter. 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. Sets forth the pollutant limit determination guidelines for bulk biosolids or biosolids sold or given away in container; bulk biosolids applied to agricultural land; and bulk biosolids applied to a lawn or home garden. Sec. 374.058. POLLUTANT CONCENTRATIONS AND LOADING RATES. Sets forth 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 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. Provides a specific exception. (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) Sets forth the pathogen requirements for biosolid application to certain lands. Sec. 374.063. OPERATIONAL STANDARDS: PATHOGENS--DOMESTIC SEPTAGE. Sets forth the pathogen requirements for domestic septage application to certain lands. 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 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. 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.