3.3 Revise FDEP biosolids regulations to reduce nutrient loading

Key Message: Biosolids are transported from wastewater treatment facilities to processing and disposal locations around the state, making them a statewide issue. Changes to current regulations will improve water quality protection and establish criteria for assessing the suitability of land-spreading sites. Additional research and monitoring is needed to evaluate runoff from biosolids and to address unregulated chemical contaminants.

Importance

Better nutrient management of biosolids applied to land is needed to minimize nutrient pollution of water bodies. An overall evaluation suggests that land spreading of biosolids has contributed to excess nutrients (particularly phosphorus) in watersheds that will continue to impair water quality for years (see Chapter 3.1). Additional concerns relate to bioaccumulation in the food chain of unregulated toxins that remain in biosolids even after Class AA processing, including industrial and household chemicals and pharmaceuticals (see Chapter 3.2). Because biosolids are transported from wastewater treatment facilities to processing and disposal locations around the state, management of biosolids disposal is a state-wide issue.

Overview

The Florida Department of Environmental Protection (FDEP) is proposing amendments to biosolids regulations (Ch. 62-640, F.A.C.) to minimize nutrient loading to water bodies, specifically phosphorus. The Sarasota County ordinance on land spreading of biosolids cites FDEP regulations and requires strict permitting (Sec. 54-188).

In 2018, FDEP convened a Biosolids Technical Advisory Committee (TAC) to evaluate current management practices, explore better ways to manage biosolids to protect water quality, and identify research gaps. The TAC members included environmental and agricultural industry experts, large and small utilities, waste haulers, consultants, and academics.

TAC recommendations included:

• Permit biosolids use in a manner that minimizes migration of nutrients to water bodies. FDEP should modify current permitting rules to:
  • Establish the rate of biosolids application based on site specifics, such as soil characteristics/adsorption capacity, water table, hydrogeology, site use, and distance to surface water;
  • Evaluate the percentage of water-extractable phosphorus in all biosolids; and
  • Establish criteria for low, medium, and high-risk sites that guide application practices and water quality monitoring.
• Increase FDEP inspections of land application.
• Develop site-specific groundwater and/or surface water monitoring protocols for nutrient migration.
• Develop and conduct research on nutrient runoff from biosolids through surface and groundwater flow, comparing various application rates, types of biosolids application and geologic conditions.
• Promote innovative technology pilot projects for biosolids processing that could provide a wider range of beneficial end products.

The proposed state revisions to biosolids regulation include major changes to the nutrient management plans required for all land application sites. Revisions are intended to make biosolids application more “precision targeted” to actual soil deficiencies and crop needs so that nutrients are fully used by plants rather than building up or migrating offsite. Additional water quality monitoring and reporting requirements would be required to detect nutrient migration.

Revisions to Ch. 62-640 include:

• Compliance with Basin Management Action Plans and revisions to the determination of nutrient application rates;
• Monitoring of water-extractable phosphorus (WEP), groundwater and surface water;
• Prohibiting land application where the seasonal high-water table is within 15 cm of soil surface (or depth of biosolids placement); and
• Requiring all biosolids sites to enroll in an FDACS Best Management Practices (BMP) Program.

The new rules address most of the TAC recommendations, except for regular site inspections by FDEP, research on biosolids and nutrient runoff, and promotion of innovative pilot projects for biosolids processing. Neither the TAC nor the rulemaking process address the concern about bioaccumulation of unregulated pollutants such as industrial and household chemicals and pharmaceuticals.

While supported by the Governor, the revised rule requires legislative ratification because the likely economic impacts to income and employment of farms and biosolids facilities exceed the statutory threshold of $1 million over five years. The changes may reduce the biosolids application rate by 75% annually because existing sites may no longer be suitable, or landowners may not want to conduct the required groundwater and surface water quality monitoring (FDEP 2019b). To maintain current application rates, 4 to 10 times more land would be needed to dispose of Class B biosolids. Alternatively, more biosolids will be disposed at landfills or processed into Class AA products, possibly out of state (see Chapter 3.2).

Approach

Because of their potential economic impact, FDEP’s proposed rule revisions must be approved by the Environmental Regulation Commission (ERC), then ratified by the Florida Legislature with the passage of a bill that would effectively approve enactment of the rules as written (Miller and Rubottom 2015). The ERC‘s 7-member board. appointed by the Governor, represents agriculture, the development industry, local government, the environmental community, residents, and members of the scientific and technical community. ERC meetings since December 2019 have been canceled.

In the meantime, the Clean Waterways Act (2020) establishes a new biosolids statute (Sec. 403.0855 F.S.) that aligns with FDEPs recommended revisions to Ch. 62-640, F.A.C. and would apply to all new or renewed land application permits issued after July 1, 2020. It further requires FDEP to adopt rules for biosolids management that must be ratified by the Legislature. In spring 2020, FDEP published a Notice of Rule Development for amendments to Ch. 62-640 to consider both the provisions of the Clean Waterways Act and the recommendations of the Biosolids Technical Advisory Committee, effectively restarting the public review process for rule revisions.

Resources

• FDEP Chapter 62-640 F.A.C Rulemaking
  https://floridadep.gov/water/domestic-wastewater/content/dep-chapter-62-640-fac-rulemaking

• Recommendations for successful legislative rule ratification
  https://www.floridabar.org/the-florida-bar-journal/legislative-rule-ratification-lessons-from-the-first-four-years/

Status

Implementation

Performance Measure

Adoption of revised Ch. 62-640, F.A.C.

Experts or Leads

Maurice Barker, FDEP Biosolids Coordinator

Cost Estimate

< $10,000

Related Activities

Chapter 3.2