7626448, 62-640.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7626448

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

BIOSOLIDS

Overview

RULE:

62-640.100	Scope, Intent, Purpose, and Applicability
62-640.200	Definitions
62-640.210	General Technical Guidance and Forms
62-640.300	General Requirements
62-640.400	Prohibitions
62-640.500	Nutrient Management Plan (NMP)
62-640.600	Pathogen Reduction and Vector Attraction Reduction
62-640.650	Monitoring, Record Keeping, Reporting, and Notification
62-640.700	Requirements for Land Application
62-640.750	Agricultural Sites (Repealed)
62-640.800	Additional Requirements for Land Application at Reclamation Sites
62-640.850	Distribution and Marketing of - Class AA Biosolids
62-640.860	Other Solids
62-640.880	Additional Requirements Related to Biosolids Treatment Facilities

PURPOSE:

Chapter 62-640, F.A.C., is being revised to improve biosolids land application site accountability and management, address growing nutrient concerns, and support public confidence in the beneficial use of biosolids.

SUMMARY:

The Department is proposing numerous revisions to Chapter 62-640, F.A.C. The primary changes proposed include requiring site permitting for biosolids land application sites, requiring nutrient management plans, and requiring distributed and marketed Class AA biosolids to be fertilizers.
A summary of the proposed rule amendments follows:
• 62-640.100 – The proposed revisions would replace the term “domestic wastewater residuals” with “biosolids,” add encouragement for the highest standards for beneficial use, address the applicability of the regulations to existing facilities and sites, and add references to applicable transportation regulations.
• 62-640.200 – The proposed revisions would delete unnecessary definitions, revise several definitions including those for Class AA, A, and B biosolids, and add the following definitions: “nutrient management plan,” “biosolids treatment facility,” “existing application site,” “fertilizer,” “injection,” “incorporation,” “person,” “pH,” and “site manager.”
• 62-640.210 – The proposed revisions would update existing guidance documents and add additional documents related to biosolids, agriculture, and nutrient management.
• 62-640.300 – The proposed revisions would add site permitting for biosolids land application sites and address related permitting issues, revise storage provisions including a requirement for a facility biosolids storage plan, and delete unnecessary responsibility language.
• 62-640.400 – The proposed revisions would remove unnecessary provisions, clarify other prohibitions, add a provision regarding spilling and tracking of biosolids off-site, and add the Wekiva restrictions for biosolids from Rule 62-600.550, F.A.C.
• 62-640.500 – The proposed revisions would replace the agricultural use plan (AUP) provisions with nutrient management plan (NMP) provisions for biosolids land application sites.
• 62-640.600 – The proposed revisions would eliminate the use of Class A treatment option 40 CFR 503.32(a)(6), clarify the use of option 40 CFR 503.32(a)(5), and move the site restrictions for Class B biosolids to Rule 62-640.700, F.A.C.
• 62-640.650 – The proposed revisions would clarify monitoring requirements, add calcium carbonate equivalency monitoring for alkaline-treated biosolids, require a minimum of quarterly biosolids monitoring for biosolids treatment facilities, make minor adjustments to the quantity ranges used for facility biosolids monitoring frequencies, require the consideration for re-sampling of stored Class AA biosolids, require soil fertility testing, require initial soil background monitoring, set conditions for ground water monitoring, and set conditions for the Specific Oxygen Uptake Rate (SOUR) test. The proposed revisions would also address and clarify record keeping and reporting requirements for facility and site permittees, and revise notification requirements including adding a new notification requirement related to molybdenum loading at a site.
• 62-640.700 – The proposed revisions would clarify basic land application requirements, move the Class AA parameter concentration limits to this section from Rule 62-640.850, F.A.C., add time and setback restrictions for the land application of alkaline-treated biosolids, revise site storage requirements including limiting temporary storage to seven days, revise signage requirements for sites accepting Class B biosolids, clarify cumulative loading provisions, add setback distances from property lines and storage areas, revise ground water table monitoring provisions, and include the site restrictions for Class B sites previously under Rule 62-640.600, F.A.C., with minor additions to the restrictions.
• 62.640.750 – This rule would be repealed.
• 62-640.800 – The proposed revisions would remove redundant requirements.
• 62-640.850 – The proposed revisions would require distributed and marketed Class AA biosolids to be a “fertilizer,” require additional information such as contingency plans to be submitted with the facility permit application, revise reporting provisions for Class AA distribution and marketing, revise labeling requirements, and revise the notification and reporting requirements for the importation of Class AA biosolids.
• 62-640.860 – Minor clarifications would be the only proposed revisions.
• 62.640.880 – The proposed revisions would allow a biosolids treatment facility to request to accept an industrial sludge, require reliability features for larger biosolids treatment facilities, exempt biosolids treatment facilities from submitting capacity analysis reports, and clarify that biosolids treatment facilities could request to alter facility staffing requirements.

RULEMAKING AUTHORITY:

373.4595, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS.

LAW:

373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS.

PRINT PUBLISH DATE:

11/6/2009 Vol. 35/44

COMMENTS:

From 11/6/2009 To 11/27/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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