LAC 33:IX.7303. Land Application [Formerly §6903]

A. Applicability 1. This Section applies to: a. any person who prepares sewage sludge or biosolids that are applied to the land; b. any person who applies biosolids to the land; c. sewage sludge or biosolids that are applied to the land; and d. the land on which sewage sludge or biosolids are applied. B. Special Definitions Agricultural Land―land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture. Agronomic Rate― a. the whole biosolids application rate (dry weight basis) designed: i. to provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land; and ii. to minimize the amount of nitrogen in the biosolids that are not utilized by the crop or vegetation grown on the land and either passes below the root zone to the groundwater or gets into surface waters during storm events; b. agronomic rate may be extended to include phosphorus to application sites that are located within the drainage basin of water bodies that have been determined by the administrative authority to be impaired by phosphorus. Annual Pollutant Loading Rate―the maximum amount of a pollutant that can be applied to a unit area of land during a 365-day period. Annual Whole Biosolids Application Rate―the maximum amount of biosolids (dry weight basis) that can be applied to a unit area of land during a 365-day period. Cumulative Pollutant Loading Rate―the maximum amount of an inorganic pollutant that can be applied to an area of land. Forest―a tract of land thick with trees and underbrush. Monthly Average―the arithmetic mean of all measurements taken during the month. Pasture―land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover. Public Contact Site―land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses. Range Land―open land with indigenous vegetation. Reclamation Site―drastically disturbed land that is reclaimed using biosolids. This includes, but is not limited to, strip mines and construction sites. C. Preparation of Class B Biosolids 1. Requirements for Preparation of Class B Biosolids a. Any person who receives sewage sludge for the purpose of preparing Class B Biosolids shall obtain the following information: i. the name, mailing address, and location of the facility or facilities providing the sewage sludge; ii. the total dry metric tons being provided; and iii. a description of any treatment processes occurring at the providing facility or facilities, including blending, composting, or mixing activities and the treatment to reduce pathogens and/or vector attraction reduction. 2. Pollutant Limits a. Class B Biosolids i. Shall not be applied to the land if the concentration of any pollutant in the biosolids exceeds the ceiling concentration for the pollutant in Table 1 of LAC 33:IX.7303.F. ii. Class B Biosolids, which are to be applied to agricultural land, forest, a public contact site, or a reclamation site shall meet the following: (a). the cumulative loading rate for each pollutant in the biosolids shall not exceed the cumulative pollutant loading rate for the pollutant in Table 2 of LAC 33:IX.7303.F; or (b). the concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 3 of LAC 33:IX.7303.F. iii. The administrative authority may require that the Class B biosolids meet more stringent pollutant limits, or limits for additional pollutants, than those listed in Tables 1-3 of LAC 33:IX.7303.F on a case-by-case basis after determining that the more stringent pollutant limits or limits for additional pollutants are needed to protect human health and the environment from any reasonably anticipated adverse effect that may occur from the application of the biosolids to the land. 3. Other Requirements for Class B Biosolids a. The person who prepares Class B biosolids to be applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the Class B biosolids with written notification of the concentration, on a dry weight basis, of total nitrogen, ammonia (as N), nitrates, potassium, and phosphorus in the Class B biosolids. b. The Class B biosolids preparer shall provide the Class B biosolids land applier with notice and necessary information to comply with the requirements in this Chapter. 4. Operational Standards―Pathogens and Vector Attraction Reduction a. Pathogens i. The Class B biosolids pathogen requirements and site restrictions in LAC 33:IX.7309.C.2 shall be met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site. b. Vector Attraction Reduction i. One of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g shall be met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site. ii. One of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-e shall be met when biosolids are sold or given away in a bag or other container for application to the land. 5. Frequency of Monitoring a. The frequency of monitoring for the pollutants listed in Tables 1-3 of LAC 33:IX.7303.F; the frequency of monitoring for pathogen density requirements in LAC 33:IX.7309.C.2; and the frequency of monitoring for vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-e shall be at the frequency specified in Table 5 of LAC 33:IX.7303.F. b. After the biosolids have been monitored for two years at the frequency in Table 5 of LAC 33:IX.7303.F the administrative authority may reduce the frequency of monitoring for pollutant concentrations. This reduction in monitoring frequency may be requested after two years of continuous permit compliance. 6. Recordkeeping a. All Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that prepare Class B biosolids shall keep a record of the following for a period of five years: i. annual production of Class B biosolids (i.e., dry tons or dry metric tons); ii. the sewage sludge/biosolids management practice used; iii. sampling results for hazardous characteristics; and iv. sampling results for PCBs. b. Additional recordkeeping requirements for the person who prepares the Class B biosolids. i. For Class B biosolids that are prepared for use on agricultural land, forest, a public contact site, or a reclamation site and that meet the pollutant concentrations in Table 3 of LAC 33:IX.7303.F, the Class B pathogen requirements in LAC 33:IX.7309.C.2, and the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g: (a). the person who prepares the Class B biosolids shall develop and retain the following information for five years: (i). the concentration of each pollutant listed in Table 3 of LAC 33:IX.7303.F; (ii). a description of how the Class B pathogen requirements in LAC 33:IX.7309.C.2 are met; and (iii). a description of how one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g is met. ii. For Class B biosolids prepared for use on land that is agricultural land, forest, a public contact site, or a reclamation site whose cumulative loading rate for each pollutant does not exceed the cumulative pollutant loading rate for each pollutant in Table 2 of LAC 33:IX.7303.F and that meet the Class B pathogen requirements in LAC 33:IX.7309.C.2, and the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g: (a). the person who prepares the Class B biosolids shall develop and retain the following information for five years: (i). the concentration of each pollutant listed in Table 3 of LAC 33:IX.7303.F in the Class B biosolids; (ii). a description of how the Class B pathogen requirements in LAC 33:IX.7309.C.2 are met; (iii). a description of how one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g is met; and iii. Any person signing a document under the provisions of either Clause 7303.C.6.b.i or ii above shall make the following certification: "I certify, under penalty of law, that the information that will be used to determine compliance with the Class B pathogen requirements in LAC 33:IX.7309.C.2 and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." 7. Reporting a. All Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that prepare Class B Biosolids shall submit the information in Subparagraph 6.a of this Section to the administrative authority on or before February 19 of each year. b. Additional Reporting Requirements i. All other Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that prepare Class B biosolids for use on land and are required to obtain a permit under LAC 33:IX.7301.D, shall submit the information in Paragraph 6 of this Section, for the appropriate requirements, to the administrative authority as follows. (a). For facilities having a frequency of monitoring in Table 5 of LAC 33:IX.7303.F of once per year, the reporting period and the report due date shall be as specified in Table 7 of LAC 33:IX.7303.F. (b). For facilities having a frequency of monitoring in Table 5 of LAC 33:IX.7303.F of once per quarter (four times per year), the reporting period and the report due date shall be as specified in Table 8 of LAC 33:IX.7303.F. (c). For facilities having a frequency of monitoring in Table 5 of LAC 33:IX.7303.F of once per 60 days (six times per year), the reporting period and the report due date shall be as specified in Table 9 of LAC 33:IX.7303.F. (d). For facilities having a frequency of monitoring in Table 5 of LAC 33:IX.7303.F of once per month (12 times per year), the reporting period and the report due date shall be as specified in Table 10 of LAC 33:IX.7303.F. D. Land Application of Class B Biosolids 1. General Requirements a. No person shall apply Class B Biosolids to the land except in accordance with the requirements in this Chapter. b. Biosolids shall not be applied to the land until the site has been approved by the administrative authority with a finding that the land application site is a legitimate beneficial use site. 2. General Management Practices a. Land Application Restrictions i. Class B biosolids applied to agricultural land, forest, a public contact site, or a reclamation site shall only be applied at a whole biosolids application rate that is equal to or less than the agronomic rate for the biosolids, unless, in the case of a reclamation site, otherwise specified by the permitting authority. ii. Class B biosolids shall be applied to the land in accordance with the slope requirements in Table 11 of LAC 33:IX.7303.F. iii. Class B biosolids having a concentration of PCBs greater than 10 mg/kg of total solids (dry wt.) shall be incorporated into the soil regardless of slope. b. Buffer Zones i. When biosolids are applied to agricultural land, forest, or a reclamation site, buffer zones shall be established as follows for each application area, unless otherwise specified by the administrative authority. ii. For all sites, the following buffer zone requirements apply: (a). a private potable water supply well—300 feet, unless special permission is granted by the private potable water supply owner; (b). a public potable water supply well, surface water intake, treatment plant, or public potable water supply elevated or ground storage tank—300 feet, unless special permission is granted by the Louisiana Department of Health; and (c). a property boundary—100 feet, unless special permission is granted by the property owner(s). iii. For new or first-time-permitted sites, the following buffer zone requirements apply: (a). an established institution, as defined in LAC 33:IX.7301.B—1,000 feet, unless special permission is granted by the responsible official of the established institution. The permission shall be in the form of a notarized affidavit executed by the owner waiving the 1,000-foot buffer zone. However, in no case shall the application area be located less than 200 feet from an institution; and (b). a residential home or structure—500 feet, unless special permission is granted by the owner, and any lessee, of the residential home or structure. The permission shall be in the form of a notarized affidavit executed by the owner, and any lessee, waiving the 500-foot buffer zone. However, in no case shall land application of sewage sludge be conducted less than 200 feet from the residential home or structure. c. Water Table Levels i. Biosolids shall not be applied to agricultural land, forest, or a reclamation site during the months when the water table is less than or at 2 feet below the soil surface as indicated in the Parish Soil Surveys or the Water Features Data published by the Natural Resources Conservation Service (NRCS); or some form of monitoring device shall be provided to ensure that the annual high water table is greater than 2 feet below the soil surface. d. Nutrient Management Plan and Soil Sampling i. The person who applies biosolids to agricultural or forest land shall: (a). provide proof to the administrative authority that a full nutrient management plan has been developed for the agricultural or forest land where the biosolids are applied. The full nutrient management plan shall be developed by: (i). the Natural Resources Conservation Service (NRCS); (ii). a certified soil scientist; (iii). a certified crop advisor; or (iv). a local Louisiana State University (LSU) Agricultural Center Cooperative Extension Service agent; or (b). sample the soil at the site or sites where biosolids are land-applied on an annual basis, or, if double cropping is practiced, prior to the planting of each crop, for the following parameters: (i). total Kjeldahl nitrogen; (ii). total nitrates; (iii). total nitrites; (iv). total phosphorus; (v). total potassium; and (vi). pH. 3. Pollutant Limits a. Class B biosolids applied to the land shall meet the pollutant limit requirements in LAC 33:IX.7303.C.2. 4. Other Requirements for Class B Biosolids a. The person who applies Class B biosolids to the land shall provide the owner or leaseholder of the land on which the Class B biosolids are applied with notice and necessary information to comply with the requirements in this Chapter. b. No person shall apply Class B biosolids subject to the cumulative pollutant loading rates in Table 2 of LAC 33:IX.7303.F to the land without first contacting the administrative authority to determine if Class B biosolids subject to the cumulative pollutant loading rates in Table 2 of LAC 33:IX.7303.F have been applied to the land since July 20, 1993. c. No person shall apply Class B biosolids subject to the cumulative pollutant loading rates in Table 2 of LAC 33:IX.7303.F to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in Table 2 of LAC 33:IX.7303.F has been reached. d. If Class B biosolids have not been applied to a site since July 20, 1993, the cumulative amount for each pollutant listed in Table 2 of LAC 33:IX.7303.F may be applied to the site in accordance with Subclause C.2.a.ii.(a). e. If Class B biosolids have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is known, the cumulative amount of each pollutant applied to the site shall be used to determine the additional amount of each pollutant that can be applied to the site in accordance with Subclause C.2.a.ii.(a). f. If Class B biosolids have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the Class B biosolids since that date is not known, an additional amount of each pollutant shall not be applied to the site in accordance with Subclause C.2.a.ii.(a). 5. Other Management Practices for Class B Biosolids a. Class B biosolids shall not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under Section 4 of the Endangered Species Act or its designated critical habitat. b. Class B biosolids shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded, frozen, or snow-covered so that the Class B biosolids enter a wetland or other waters of the state, as defined in LAC 33:IX.2313, except as provided in a permit issued in accordance with Section 402 or 404 of the Clean Water Act or LAC 33:IX.Chapters 23-71. c. Class B biosolids shall not be applied to agricultural land, forest, or a reclamation site that is 33 feet (10 meters) or less from any waters of the state, as defined in LAC 33:IX.2313, unless otherwise specified by the permitting authority. d. Class B biosolids shall not be applied to the land if it would affect a property that either is listed on, or is eligible for listing on, the National Register of Historic Places. 6. Operational Standards―Pathogens and Vector Attraction Reduction a. Pathogens i. The Class B pathogen requirements and site restrictions in LAC 33:IX.7309.C.2 shall be met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site. b. Vector Attraction Reduction i. One of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g shall be met when Class B biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site. 7. Recordkeeping a. For Class B biosolids that are applied to agricultural land, forest, a public contact site, or a reclamation site and that meet the pollutant concentrations in Table 3 of LAC 33:IX.7303.F, the Class B pathogen requirements in LAC 33:IX.7309.C.2, and the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g: i. the person who applies the Class B biosolids to the land shall develop and retain the following information for five years: (a). a description of how the general management practices in Subparagraphs D.2.a-d of this Section and the other management practices for Class B biosolids in Paragraph 5 of this Subsection are met for each land site on which Class B biosolids are applied; (b). a description of how the site restrictions in LAC 33:IX.7309.C.2.e are met for each land application site on which Class B biosolids are applied; (c). when the vector attraction reduction requirement in either LAC 33:IX.7309.E.2.f or g is met, a description of how the requirement is met; (d). the date Class B biosolids are applied to each site; and (e). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the general management practices in LAC 33:IX.7303.D.2.a-d, the other management practices for bulk biosolids in LAC 33:IX.7303.D.5, the site restrictions in LAC 33:IX.7309.C.2.e, and the vector attraction reduction requirement in [insert either LAC 33:IX.7309.E.2.f or g] was prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." b. For Class B biosolids applied to the land that is agricultural land, forest, a public contact site, or a reclamation site whose cumulative loading rate for each pollutant does not exceed the cumulative pollutant loading rate for each pollutant in Table 2 of LAC 33:IX.7303.F and that meet the Class B pathogen requirements in LAC 33:IX.7309.C.2, and the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g: i. the person who applies the Class B biosolids to the land shall develop and retain the following information in Subclauses D.7.b.i.(a)-(g) of this Subsection indefinitely, and retain the information in Subclauses D.7.b.i.(h)-(j) of this Subsection for five years: (a). the location of each land site on which Class B biosolids are applied by either street address or latitude and longitude; (b). the number of hectares or acres in each site on which Class B biosolids are applied; (c). the date Class B biosolids are applied to each land site; (d). the cumulative amount of each pollutant (i.e., kilograms) listed in Table 2 of LAC 33:IX.7303.F in the Class B biosolids applied to each land site, including the amount in Subparagraph D.4.e of this Subsection; (e). the amount of Class B biosolids (i.e., tons or metric tons) applied to each land site; (f). a description of how the information was obtained in order to comply with Subparagraph D.4 of this Section; (g). a description of how the general management practices in Subparagraphs D.2.a-d of this Subsection and the other management practices in Subparagraph D.5 of this Subsection are met for each land site on which Class B biosolids are applied; (h). a description of how the site restrictions in LAC 33:IX.7309.C.2.e are met for each land site on which Class B biosolids are applied; (i). if the vector attraction reduction requirements in either LAC 33:IX.7309.E.2.f or g are met, a description of how the requirements are met; (j). the following certification statement: “I certify under penalty of law, that the information that will be used to determine compliance with LAC 33.IX.7303.D.2, D.4, D.5, LAC 33:IX.7309.C.2, and LAC 33:IX.7309.E.2.f or g was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.” 8. Frequency of Monitoring. The frequency of monitoring for the pollutants listed in Tables 1-3 of LAC 33:IX.7303.F; the frequency of monitoring for pathogen density requirements in LAC 33:IX.7309.C.2; and the frequency of monitoring for vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-e shall be at the frequency specified in Table 5 of LAC 33:IX.7303.F. 9. Reporting a. All Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that apply Class B biosolids to the land and are required to obtain a permit under LAC 33:IX.7301.D, shall submit the information in Subparagraph 7.a of this Section, for the appropriate requirements, to the administrative authority as follows. (i). For facilities having a frequency of monitoring in Table 5 of LAC 33:IX.7303.F of once per year, the reporting period and the report due date shall be as specified in Table 7 of LAC 33:IX.7303.F. (ii). For facilities having a frequency of monitoring in Table 5 of LAC 33:IX.7303.F of once per quarter (four times per year), the reporting period and the report due date shall be as specified in Table 8 of LAC 33:IX.7303.F. (iii). For facilities having a frequency of monitoring in Table 5 of LAC 33:IX.7303.F of once per 60 days (six times per year), the reporting period and the report due date shall be as specified in Table 9 of LAC 33:IX.7303.F. (iv). For facilities having a frequency of monitoring in Table 5 of LAC 33:IX.7303.F of once per month (12 times per year), the reporting period and the report due date shall be as specified in Table 10 of LAC 33:IX.7303.F. 10. Procedure for the Addition of Land Application Sites a. If a person who possesses a sewage sludge and biosolids use or disposal permit for Class B biosolids wishes to add a land application site(s) to the permit, the person shall submit a request package to the administrative authority at least 180 days prior to the anticipated date by which authorization is needed containing the following information: i. evidence of notification of the landowners bordering the proposed land application site(s). The notification may be in the form of a public notice placed in the local newspaper being circulated in the area of the proposed site(s), certified letters of notification that were either hand delivered or mailed to the landowners bordering the proposed site(s), or signed agreements of the landowners bordering the proposed site(s) to application of Class B biosolids to the site(s); ii. signed agreement(s) to the application of Class B biosolids from the landowner(s) of the proposed site(s); and iii. a completed Permit Application for the Use or Disposal of Sewage Sludge (Biosolids) in Louisiana. b. After receipt and review of the request package required in Paragraph 10.a of this Section for the addition of a land application site(s), a decision shall be rendered by the administrative authority regarding the request. E. Preparation of Exceptional Quality Biosolids 1. Requirements for the Preparation of Exceptional Quality Biosolids a. General Requirements i. Biosolids shall not be applied to the land as Exceptional Quality biosolids until the sample analyses have shown that the biosolids meet the criteria for Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B. ii. If results of the sampling indicate that the biosolids are no longer Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B, then the preparer shall cease any land application of the biosolids as Exceptional Quality biosolids. iii. If biosolids that are no longer Exceptional Quality are used or disposed, then the exemption for Exceptional Quality biosolids no longer applies, and the biosolids shall meet all the requirements and restrictions of this Chapter that apply to biosolids that are not Exceptional Quality biosolids. b. Application and Permitting Requirements for Persons Who Prepare Sewage Sludge as Exceptional Quality Biosolids i. A person who prepares sewage sludge as Exceptional Quality biosolids shall prepare the sewage sludge in a manner that will assure that the sewage sludge meets all of the requirements of Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B, and shall forward to the administrative authority a permit application for the Use or Disposal of Sewage Sludge (Biosolids) form having the following information: (a). the laboratory analysis of the metals in Tables 1 and 3 of LAC 33:IX.7303.F; (b). the laboratory analysis for percent dry solids, percent ammonia nitrogen, percent nitrate, percent nitrite, percent nitrogen, percent phosphorus, percent potassium, and percent organic matter and, if the sewage sludge or biosolids underwent or were subjected to any type of alkaline stabilization and/or alkaline treatment, the pH of the sewage sludge or biosolids; (c). the laboratory results for polychlorinated biphenyls (PCBs); (d). the Exceptional Quality biosolids pathogen requirement in LAC 33:IX.7309.C.1 that will be utilized; (e). the vector attraction reduction requirement in LAC 33:IX.7309.E.2.a-e that will be utilized; (f). the label or information sheet that shall accompany Exceptional Quality biosolids that are sold or given away either in bulk or in a bag, are required to contain the following information: (i). the name and address of the preparer; (ii). the concentration (by volume) of each metal in Table 3 of LAC 33:IX.7303.F; (iii). percent nitrogen; (iv). percent ammonia nitrogen; (v). percent phosphorus; (vi). percent potassium; (vii). pH; (viii). the concentration of PCBs in mg/kg of total solids (dry wt.); and (g). application instructions and a statement that application of the Exceptional Quality biosolids to the land is prohibited except in accordance with the instructions on the label or information sheet; and (h). in addition to the label requirements in Subclauses 1.b.i.(a)-(h) of this Subsection, the label or information sheet that shall accompany all compost sold or given away either in bulk or in a bag or other container, are required to contain the following information: (i). soluble salt content; (ii). water holding capacity; (iii). bulk density (lbs/yd3); (iv). particle size; (v). moisture content; and (vi). percent organic matter content. (i). samples required to be collected in accordance with Subclauses 1.b.i.(a)-(c) of this Subsection shall be from at least four representative samplings of the biosolids taken at least 60 days apart within the 12 months prior to the date of the submittal of the sewage sludge and biosolids use or disposal permit application form; (j). for the term of the permit, the preparer of the Exceptional Quality biosolids shall conduct continued sampling at a frequency of monitoring indicated in Table 6 of LAC 33:IX.7303.F. The samples shall be analyzed for the parameters specified in Subclauses 1.b.i.(a)-(c) of this Subsection, and for the pathogen and vector attraction reduction requirements in Subclauses 1.b.i.(d) and (e) of this Subsection, as required by LAC 33:IX.7309. c. Pollutant Limits—Exceptional Quality Biosolids i. Exceptional Quality biosolids sold or given away in a bag or other container shall not be applied to the land if the concentration of any pollutant in the biosolids exceeds the ceiling concentration for the pollutant in Table 1 of LAC 33:IX.7303.F. ii. If Exceptional Quality biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site, either: (a). the cumulative loading rate for each pollutant in the Exceptional Quality biosolids shall not exceed the cumulative pollutant loading rate for the pollutant in Table 2 of LAC 33:IX.7303.F; or (b). the concentration of each pollutant in the Exceptional Quality biosolids shall not exceed the concentration for the pollutant in Table 3 of LAC 33:IX.7303.F. iii. If Exceptional Quality biosolids are applied to a lawn or a home garden, the concentration of each pollutant in the biosolids shall not exceed the ceiling concentrations in Table 1 of LAC 33:IX.7303.F and the pollutant concentrations for each pollutant listed in Table 3 of LAC 33:IX.7303.F, and the concentration of PCBs must be less than 10 mg/kg of total solids (dry wt.). iv. If Exceptional Quality biosolids are sold or given away in a bag or other container for application to the land, either: (a). the concentration of each pollutant in the Exceptional Quality biosolids shall not exceed the ceiling concentration for the pollutant in Table 1 of LAC 33:IX.7303.F and the concentration for the pollutant in Table 3 of LAC 33:IX.7303.F, and the concentration of PCBs must be less than 10 mg/kg of total solids (dry wt.); or (b). the product of the concentration of each pollutant in the Exceptional Quality biosolids and the annual whole biosolids application rate for the biosolids shall not cause the annual pollutant loading rate for the pollutant in Table 4 of LAC 33:IX.7303.F to be exceeded, and the concentration of PCBs must be less than 10 mg/kg of total solids (dry wt.). The procedure used to determine the annual whole biosolids application rate is presented in LAC 33:IX.7397.Appendix A. 2. Pollutant Concentrations and Loading Rates—Exceptional Quality Biosolids a. The administrative authority may require that the Exceptional Quality biosolids meet more stringent pollutant limits or limits for additional pollutants than those listed in the Tables 1-4 of LAC 33:IX.7303.F on a case-by-case basis after determining that the more stringent pollutant limits or limits for additional pollutants are needed to protect human health and the environment from any reasonably anticipated adverse effect that may occur from the application of the biosolids to the land. 3. Operational Standards for Exceptional Quality Biosolids―Pathogens and Vector Attraction Reduction a. Pathogens i. The Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 shall be met when biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site. ii. The Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 shall be met when biosolids are applied to a lawn or a home garden. iii. The Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 shall be met when biosolids are sold or given away in a bag or other container for application to the land. b. Vector Attraction Reduction i. One of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g shall be met when Exceptional Quality biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site. ii. One of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-e shall be met when Exceptional Quality biosolids are applied to a lawn or a home garden. iii. One of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-e shall be met when Exceptional Quality biosolids are sold or given away in a bag or other container for application to the land. 4. Frequency of Monitoring. The frequency of monitoring for the pollutants listed in Tables 1-4 of LAC 33:IX.7303.F; the frequency of monitoring for pathogen density requirements in LAC 33:IX.7309.C.1; and the frequency of monitoring for vector attraction reduction requirements in LAC 33:IX.7309.E.a-e shall be the frequency specified in Table 6 of LAC 33:IX.7303.F. 5. Recordkeeping a. All Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that prepare Exceptional Quality biosolids shall keep a record of the following for a period of five years: i. annual production of Exceptional Quality biosolids (i.e., dry tons or dry metric tons); and ii. the sewage sludge/biosolids management practice used; iii. sampling results for hazardous characteristics; and iv. sampling results for PCBs. b. Additional Recordkeeping i. The person who prepares the Exceptional Quality biosolids shall develop and retain the following information for five years: (a). the results of the sample analysis required in Subclause 1.b.i.(j) of this Subsection; ii. For Exceptional Quality biosolids that are applied to agricultural land, forest, a public contact site, or a reclamation site and that meet the pollutant concentrations in Table 3 of LAC 33:IX.7303.F, the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1, and the vector attraction reduction requirements in either LAC 33:IX.7309.E.2.f or g: (a). the person who prepares the Exceptional Quality biosolids shall develop and retain the following information for five years: (i). the concentration of each pollutant listed in Table 3 of LAC 33:IX.7303.F; (ii). a description of how the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 are met; iii. For Exceptional Quality biosolids applied to the land that is agricultural land, forest, a public contact site, or a reclamation site whose cumulative loading rate for each pollutant does not exceed the cumulative pollutant loading rate for each pollutant in Table 2 of LAC 33:IX.7303.F and that meet the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1, and the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g: (a). the person who prepares the Exceptional Quality biosolids shall develop and retain the following information for five years: (i). the concentration of each pollutant listed in Table 1 of LAC 33:IX.7303.F in the Exceptional Quality biosolids; (ii). a description of how the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 are met; (iii). a description of how one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g is met; and iv. For Exceptional Quality biosolids sold or given away in a bag or other container for application to the land meeting the requirement at Subclause E.1.c.iv.(b) of this Subsection, the Exceptional Quality biosolids pathogen requirements at LAC 33:IX.7309.C.1, and the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g: (a). the person who prepares the Exceptional Quality biosolids that are sold or given away in a bag or other container shall develop and retain the following information for five years: (i). the annual whole biosolids application rate for the Exceptional Quality biosolids that does not cause the annual pollutant loading rates in Table 4 of LAC 33:IX.7303.F to be exceeded; (ii). the concentration of each pollutant listed in Table 3 of LAC 33:IX.7303.F in the biosolids; (iii). a description of how the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 are met; (iv). a description of how one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g is met; (v). the permittee shall either affix a label to the bag or other container holding Exceptional Quality biosolids that are sold or given away for application to the land, or provide an information sheet to the person who receives Exceptional Quality biosolids sold or given away in a bag or other container for application to the land. The label or information sheet shall contain the following information: (a). the information required in Subclauses 6E.1.b.i.(a)-(f) of this Subsection and if the Exceptional Quality biosolids are compost, the information in Subclauses E.1.b.i.(a)-(h) of this Subsection; and (b). the annual whole biosolids application rate that does not cause any of the annual pollutant loading rates in Table 4 of LAC 33:IX.7303.F to be exceeded. v. the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the requirements in Subclauses E.1.b.i.(f)-(g) of this Subsection, the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1, and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and/or imprisonment." 6. Reporting a. All Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that prepare Exceptional Quality biosolids shall submit the information in Subparagraph 5.a of this Subsection to the administrative authority on or before February 19 of each year. b. Additional Reporting Requirements i. The person who prepares the biosolids shall develop and retain the following information for five years: (a). the results of the sample analysis required in Subclause E.1.b.i.(a)-(c) of this Section; and (b). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in LAC 33:IX.7309.E.2.a-g] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." ii. The person who prepares Exceptional Quality biosolids shall forward the information required in Clause 6.b.i of this Subsection to the administrative authority as follows. (a). For facilities having a frequency of monitoring in Table 6 of LAC 33:IX.7303.F of once per quarter (four times per year), the reporting periods and the report due dates shall be as specified in Table 8 of LAC 33:IX.7303.F. (b). For facilities having a frequency of monitoring in Table 6 of LAC 33:IX.7303.F of once per month (12 times per year), the reporting periods and the report due dates shall be as specified in Table 10 of LAC 33:IX.7303.F. 7. Any person subject to these regulations who prepares Exceptional Quality biosolids may petition the administrative authority to allow the land application of Exceptional Quality biosolids that is mixed with grease that was pumped or removed from a food service facility. a. The administrative authority may grant conditional approval for the land application of Exceptional Quality biosolids that are mixed with grease that was pumped or removed from a food service facility, along with the appropriate monitoring, sampling and analysis, recordkeeping, and reporting requirements, when petitions for such are deemed appropriate after consideration of the factors enumerated in Subparagraph 1.b of this Subsection as well as any other pertinent factors. b. Each petition for the allowance of land application of Exceptional Quality biosolids that are mixed with grease that was pumped or removed from a food service facility shall: i. be submitted in writing to the administrative authority; and ii. be accompanied by evidence of public notice in the state and local journal containing the following information: (a). documentation to prove that the preparation or treatment process will be a composting process to further reduce pathogens described in LAC 33:IX.7309.D.2; (b). documentation to satisfy the requirements in Subparagraph 1.b of this Subsection and LAC 33:IX.7305. c. If the owner/operator wishes to continue operation of the compost facility, he or she shall submit to the administrative authority a completed permit application for use or disposal of sewage sludge and biosolids at least 180 days prior to the expiration date of the approval. The decision to grant or deny a permit for continuation of the compost operation shall be based on: i. the information provided in the permit application; ii. the monitoring and sampling and analysis results submitted during the conditional approval period; and iii. any comments or other information received during the one-year approval period or during the standard permit public notice period. F. Reference Tables for Preparation and Land Application of Biosolids 1. Table 1—Ceiling Concentrations Table 1 of LAC 33:IX.7303.F Ceiling Concentrations Pollutant | Ceiling Concentration (milligrams per kilogram)1 Arsenic | 75 Cadmium | 85 Copper | 4300 Lead | 840 Mercury | 57 Molybdenum | 75 Nickel | 420 Selenium | 100 Zinc | 7500 1 Dry weight basis 2. Table 2—Cumulative Pollutant Loading Rates Table 2 of LAC 33:IX.7303.F Cumulative Pollutant Loading Rates Pollutant | Cumulative Pollutant Loading Rate (kilograms per hectare) Arsenic | 41 Cadmium | 39 Copper | 1500 Lead | 300 Mercury | 17 Nickel | 420 Selenium | 100 Zinc | 2800 3. Table 3—Pollutant Concentrations Table 3 of LAC 33:IX.7303.F Pollutant Concentrations Pollutant | Monthly Average Concentration (milligrams per kilogram)1 Arsenic | 41 Cadmium | 39 Copper | 1500 Lead | 300 Mercury | 17 Nickel | 420 Selenium | 100 Zinc | 2800 1Dry weight basis 4. Table 4—Annual Pollutant Loading Rates Table 4 of LAC 33:IX.7303.F Annual Pollutant Loading Rates Pollutant | Annual Pollutant Loading Rate (kilograms per hectare per 365-day period) Arsenic | 2.0 Cadmium | 1.9 Copper | 75 Lead | 15 Mercury | 0.85 Nickel | 21 Selenium | 5.0 Zinc | 140 5. Table 5—Monitoring Frequency (Class B Biosolids) Table 5 of LAC 33:IX.7303.F Frequency of Monitoring—Land Application (Class B Biosolids) Amount of Biosolids1 (metric tons per 365-day period) | Frequency Greater than zero but less than 290 | Once per year Equal to or greater than 290 but less than 1,500 | Once per quarter (four times per year) Equal to or greater than 1,500 but less than 15,000 | Once per 60 days (six times per year) Equal to or greater than 15,000 | Once per month (12 times per year) 1Either the amount of bulk biosolids applied to the land (on a dry weight basis) or the amount of biosolids that are bagged and sold or given away for application to the land (on a dry weight basis). 6. Table 6—Monitoring Frequency (Exceptional Quality Biosolids) Table 6 of LAC 33:IX.7303.F Frequency of Monitoring—Exceptional Quality Biosolids Amount of Biosolids1 (metric tons per 365-day period) | Frequency Greater than zero but less than 15,000 | Once per quarter (four times per year) Equal to or greater than 15,000 | Once per month (12 times per year) 1The amount of biosolids sold or given away either in bulk or in a bag or other container. 7. Table 7—Once Per Year Reporting Period Table 7 of LAC 33:IX.7303.F Reporting—Land Application (Class B Biosolids) Monitoring Period (Once per Year) | Report Due Date January – December | February 19 8. Table 8—Once Per Quarter Reporting Period Table 8 of LAC 33:IX.7303.F Reporting—Land Application (Exceptional Quality and Class B Biosolids) Monitoring Period1 (Once per Quarter) | Report Due Date January, February, March | August 19 April, May, June | August 19 July, August, September | February 19 October, November, December | February 19 1Separate reports must be submitted for each monitoring period. 9. Table 9—Once per 60 Days (6 Times per Year) Reporting Period Table 9 of LAC 33:IX.7303.F Reporting—Land Application (Class B Biosolids) Monitoring Period1 (Once per 60 Days) | Report Due Date January, February | June 19 March, April | June 19 May, June | October 19 July, August | October 19 September, October | February 19 November, December | February 19 1Separate reports must be submitted for each monitoring period. 10. Table 10—Once per Month (12 Times per Year) Reporting Period Table 10 of LAC 33:IX.7303.F Reporting—Land Application (Exceptional Quality and Class B Biosolids) Monitoring Period1 (Once per Month) | Report Due Date January | May 19 February | May 19 March | May 19 April | August 19 May | August 19 June | August 19 July | November 19 August | November 19 September | November 19 October | February 19 November | February 19 December | February 19 1Separate reports must be submitted for each monitoring period. 11. Table 11—Slope Limitations Table 11 of LAC 33:IX.7303.F Slope Limitations for Land Application of Biosolids Slope Percent | Application Restriction 0-3 | None, except drainage to prevent standing water shall be provided. 3-6 | A 100-foot vegetated runoff area should be provided at the down slope end of the application area if a liquid is applied. Measures should be taken to prevent erosion. 6-12 | Liquid material shall be injected into the soil. Solid material shall be incorporated into the soil if the site is not covered with vegetation. A 100-foot vegetated runoff area is required at the down slope end of the application area for all applications. Measures shall be taken to prevent erosion. Terracing may be required if deemed a necessity by the administrative authority to prevent runoff from the land application site and erosion. >12 | Unsuitable for application unless terraces are constructed and a 200-foot vegetated buffer area with a slope of less than three percent is provided at the down slope edge of the application area and the material is incorporated (solid material) and injected (liquid material) into the soil. Measures shall be taken to prevent runoff from the land application site and to prevent erosion.