327 IAC 6.1-4-9 Pollutant limits

Sec. 9. (a) Table 1 in this subsection lists ceiling concentrations of metal pollutants for a biosolid or industrial waste product that is land applied. A biosolid or industrial waste product must not be applied to land if the concentration of pollutants in the biosolid or industrial waste product exceeds any of the ceiling concentration limits established in the following: Table 1 Ceiling Concentrations Pollutant Ceiling Concentration (milligrams per kilogram)1 Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 1Dry weight basis (b) Table 2 in this subsection lists the cumulative pollutant loading rates for sites on which a biosolid or industrial waste product is applied: Table 2 Cumulative Pollutant Loading Rates Pollutant Cumulative Pollutant Loading Rates (pounds per acre) Arsenic 36 Cadmium 341 Copper 1,338 Lead 267 Mercury 15 Molybdenum not applicable Nickel 374 Selenium 89 Zinc 2,499 1This number is for biosolid only. The cumulative pollutant loading rate for cadmium from an industrial waste product or a biosolid containing an industrial waste product is four and one-half (4.5) pounds per acre for a soil cation exchange capacity of less than 5; nine (9) pounds per acre if the soil cation exchange capacity is between 5 and 15; and eighteen (18) pounds per acre if the soil cation exchange capacity is greater than 15. (c) Table 3 in this subsection lists the pollutant concentrations for biosolid or industrial waste product to be applied to the land in accordance with a nonsite-specific permit under section 5 of this rule, a hybrid permit under section 5.5 of this rule, or a marketing and distribution program permit under 327 IAC 6.1-5: Table 3 Pollutant Concentrations Pollutant Pollutant Concentrations (milligrams per kilogram)1 Arsenic 41 Cadmium 39 Copper 1,500 Lead 300 Mercury 17 Molybdenum 75 Nickel 420 Selenium 100 Zinc 2,800 1Dry weight basis (d) Table 4 in this subsection lists the maximum annual pollutant loading rates for sites where biosolid or industrial waste product is land applied: Table 4 Maximum Annual Pollutant Loading Rates Pollutant Annual Pollutant Loading Rate (pounds per acre per 365 day period) Arsenic 1.8 Cadmium 0.45 Copper 66.0 Lead 13.4 Mercury 0.7 Molybdenum not applicable Nickel 18.7 Selenium 4.4 Zinc 124.9 (e) Table 4.5 in this subsection lists the maximum detection limits to be achieved for all analysis of industrial waste products and biosolid that have total solids of one percent (1%) or greater: Table 4.5 Detection limits (milligrams per kilogram dry weight) Arsenic 2 Cadmium 10 Lead 10 Mercury 2 Molybdenum 10 Nickel 10 Selenium 2 (f) A permitted biosolid or industrial waste product that exceeds any pollutant ceiling concentrations in Table 1 in subsection (a) must not be applied to the land unless the commissioner approves the results of the following analyses prior to initial application: (1) The person who prepares a biosolid or industrial waste product shall take at least four (4) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 1 in subsection (a) that has been exceeded. (2) For a biosolid or industrial waste product that is receiving additional biosolid or industrial waste product, the four (4) samples must be taken: (A) within a thirty (30) day period; and (B) at least two (2) days apart. (3) For a fixed volume of a biosolid or industrial waste product that is not receiving additional biosolid or industrial waste product, the four (4) samples must be taken within a thirty (30) day period. (4) The analysis for each pollutant in all four (4) samples must be less than the comparable pollutant ceiling concentration in Table 1 in subsection (a). (g) Under a nonsite-specific or hybrid permit, the person who prepares a biosolid or industrial waste product that exceeds any concentration of a metal listed in Table 3 in subsection (c) shall do either of the following: (1) Within ninety (90) days of first receiving knowledge of the exceeded limit, the person who prepares a biosolid or industrial waste product shall apply for a site-specific permit for land application of the biosolid or industrial waste product. The biosolid or industrial waste product must be applied under a site-specific permit. (2) Provide the following analysis within forty-five (45) days of first receiving knowledge of the exceeded limit for approval by the commissioner: (A) The person who prepares a biosolid or industrial waste product shall take at least four (4) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 3 in subsection (c) that has been exceeded. (B) For biosolid or industrial waste product that is not a fixed volume, the four (4) samples must be taken: (i) within a thirty (30) day period; and (ii) at least two (2) days apart. (C) For a fixed volume of biosolid or industrial waste product, the four (4) samples must be taken within a thirty (30) day period. (D) The average of the four (4) samples for each pollutant must be less than the comparable pollutant concentrations in Table 3 in subsection (c). (E) If the average of the four (4) samples for each pollutant exceeds the comparable pollutant concentrations in Table 3 in subsection (c), the person who prepares a biosolid or industrial waste product shall apply for a site-specific permit within sixty (60) days of receiving the results of the analysis in this subdivision. (h) A person who prepares a biosolid or industrial waste product and that intends to reapply for a nonsite-specific or hybrid permit shall complete the following for approval by the commissioner: (1) The person who prepares a biosolid or industrial waste product shall take at least eight (8) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 3 in subsection (c) that has been exceeded. (2) The samples must be taken: (A) within a twelve (12) month period; and (B) at least thirty (30) days apart. (3) All pollutant concentrations in all eight (8) samples must have pollutant concentrations less than the comparable pollutant concentrations in Table 3 in subsection (c).