Changes in State Regulations and Future Issues In Land Application of Sludge

1. Changes in State Regulations and Future Issues In Land Application of Sludge Jeff Hutton Permit Section, Division Of Water Pollution Control

2. Contact People Jeff Hutton/IEPA 217-782-0610 State Land Application Permits John Colletti/USEPA 312-886-6106 Federal Land Application Permits

3. Why Do We Land Apply Sludge The Agency’s position is that material which can be recycled should be recycled in order to save landfill capacity for non-recyclable items. Illinois Generates approximately 380,000 dry tons of sludge per year 380,000 dry tons is approximately 845,000 cubic yards

4. Who is Generating & Land Applying Sludge 449 Facilities in Illinois generate sludge on an annual basis 332 Facilities have permits to land apply sludge in Illinois. Facility size ranges from small towns to the Water Reclamation District of Chicago 10 Private Companies have permits to land apply sludge

5. Immediate Changes to State Sludge Regulations • Changes in Winter Application Procedures • Changes due to regulation of Technologically enhanced naturally occurring radioactive material (TENORM). • Radium Requirements

6. Changes in Winter Application Requirements • Off-site storage will be reduced to 30 days by act of the State Legislature • Off-site storage after November 15 must be on sites approved for winter application • If stockpiled material is on unapproved fields after November 15 it must be returned to the generating facility or moved to an approved site..

7. Radium Issues • Land application of sludge containing radium is now regulated by the Illinois Emergency Management Agency. • The regulatory citation is 32 Ill. Adm. Code 330.40(d). • IEMA will notify effected facilities

8. Radium Issues • Contact: Illinois Emergency Management Agency Attn: Treatment Residuals Exemption 1035 Outer Park Drive Springfield, Illinois 62704 Gary Forsee 217-782-1326

9. Proposed Changes to State Regulations

10. Existing State Regulations • Land application of sludge is governed by 35 Ill. Adm. Code Part 391, Design Criteria For Sludge Application on Land. • Became effective January 1, 1984 • Based on a very conservative approach with regard to public safety.

11. Proposed Changes To State Regulations-Soils • Required Soil pH is reduced to 6.0 • Site restriction will be based on permeability rates. No application at rates in excess of 20 in/hr. ½ application rate at >6 in/hr but <20 in/hr. • Site restriction based on depth to bedrock. Bedrock at 18 inches or less no application. Bedrock at 18 to 36 inches depth application at ½ rate.

12. Proposed Changes To State Regulations-Setbacks • Setback from surface waters will be reduced to 100 feet. • Setback of 200 feet from operating sand and gravel pits • Setback of 200 feet from homes in all cases • Setback of 200 feet from potable wells will remain in regulations

13. Proposed Changes To State Regulations • Application will be allowed in floodplains if protected from flooding but not closer than 30 feet from the waterbody • Sludge monitoring and reporting will be based on sludge production as required by 40 CFR Part 503 • Parameters to be monitored will match 40 CFR Part 503 • 40 CFR Part 503 Ceiling Limits will be adopted

14. Changes In Metal Loading (lbs/acre) Metal ExistingProposed Arsenic 100 36 Cadmium 10 34 Copper 250 1335 Lead 1000 267 Mercury 7 15 Nickel 100 373 Manganese 900 Not Included Selenium 8 89 Zinc 500 2492

15. Proposed Changes To State Regulations-Dedicated Sites • Surface Disposal under 40 CFR Part 503 will be incorporated into the State Regulations. • Land Reclamation projects applying at greater than agronomic rates will be treated as surface disposal units. • Regulations will retain surface water monitoring, groundwater monitoring and runoff controls.

16. Future Issues • Phosphorous vs. Nitrogen Application Rates • Urban Sprawl • Updating of State Regulations • Public Demand for Exceptional Quality Sludge Treatment • State Delegation of Part 503 regulations • Misinformation on the Internet

17. Phosphorous Concerns • Confined Animal Feeding Operations (CAFOs) are limited to applying manure at the Phosphorous rate. • Municipal Sludge is usually applied at nitrogen rates. • Some groups have asked why manure is applied at P rates and sludge is applied at N rates. • Existing State regulations allow the application of up to 800 pounds of plant available P per acre (400 pounds on sandy soils) based on the Bray 1 soil test.

18. Application of sludge based on nitrogen vs phosphorous rates: Assume: • 50,000 mg/kg Total Kjeldahl nitrogen • 5000 mg/kg Ammonia • 20,000 mg/kg Phosphorous • 1,000 tons of sludge generated (4 MGD plant)

19. Application of sludge based on nitrogen vs. phosphorous rates: • Corn for grain at 150 bushels/acre • 20% of organic nitrogen available • 80% of ammonia nitrogen available • 1.3 pound plant available nitrogen/bushel • 0.55 pound plant available phosphorous/bushel

20. Application of sludge based on nitrogen vs. phosphorous rates: N application rate = 7.5 dt/acre Acreage required 133 acres P application rate = 3.75 dt/acre Acreage required = 267 acres

21. Application of sludge based on nitrogen vs. phosphorous rates: Statewide this means: Present acreage applied: ~21,000 acres (based on N) Acreage at P Rate : ~41,500 acres The extra acreage required would have significant impact in NE Illinois

22. PHOSPHOROUS CONCERNS What this means to the farmer: Excess phosphorous applied-no big deal Additional nitrogen needed-big deal

23. Kane County Land Use Plan Gray is Urban Corridor Yellow is Critical Growth Brown is Towns/Villages Green is Agricultural

24. Updating State Regulations • Revised regulations will be open to public comment • Various interest groups will be attempting to insert their agendas into the revised sludge regulations • Regulated community needs to be involved in the rulemaking process.

25. Public Demand For Exceptional Quality Sludge • Most land applied sludge in Illinois is Class B sludge with regard to pathogen reduction. • Anti-land application groups in California and Virginia have demanded Class A sludge as a requirement for land application. • Class B is safe but this may not make any difference if decisions on sludge application on land become political.

26. Delegation of Part 503 to the State of Illinois • Presently there are 2 sludge permitting systems in Illinois • State Permits under 35 Ill. Adm. Code Part 391 • Federal Permits under 40 CFR Part 503 • Delegation means Illinois EPA would assume responsibility for administering the Federal sludge program.

27. Delegation of Part 503 to the State of Illinois • The revised State regulations will be more closely aligned with 40 CFR Part 503 • Illinois has the equivalent of 2 full time employees administering the sludge program. No one is assigned solely to the sludge program. • Illinois does not have the resources to accept delegation at this time and in the foreseeable future.

28. Misinformation on the Internet • If claims are made regarding the land application of sludge contact myself or refer concerned individuals to: Jeff Hutton/ Illinois EPA 217-782-0610 Jeff.Hutton@illinois.gov

29. General Public Concerns • Odor Issues • Drinking water protection • Disease • Stream contamination • Winter application

30. Contact People Jeff Hutton/IEPA 217-782-0610 State Land Application Permits John Colletti/USEPA 312-886-6106 Federal Land Application Permits