A Visionary Review of theA Visionary Review of theLand Treatment of SeptageLand Treatment of Septage

2008

International Pumper & CleanerEnvironmental Expo

Louisville, Kentucky

Presenter: Stephen Rohm, MS, CET Feb.27, 2008

OBJECTIVESOBJECTIVES

Overview septage land application under 40 CFRPart 503

Clean Water Act 319 and 303 implementationsthat impact septage land application

Examine Federal and State nutrient managementprogram’s effects on septage land applicationmanagement

Examine the USDA, Natural ResourcesConservation Service (NRCS) role in septage landtreatment management

503s & SEPTAGE503s & SEPTAGE

1993 - 40 CFR part 503 became the rulegoverning land treatment of septage andsludge

Septage land application was allowed tocontinue provided:– Application site was managed under 503.14

– Vector Attraction Reduction could bedemonstrated under 503.33

– Septage applied at “Agronomic Rate” under503.13(c)

Achieve pathogen and vector attraction reduction

– 1. Either directly inject domestic septage into the soil orincorporate it into the soil surface by plowing or diskingwithin six hours after application.

– 2. Adjust the pH of the domestic septage so that it remains atpH 12 or greater for at least 30 minutes before land applying.

Apply at agronomic rate for crop nitrogen needs

Observe site management practices/restrictions

The applier must assure that the land owner followscrop harvesting, animal grazing, and site accessrestrictions

State Response to 503State Response to 503

Some states or regions within states were laxin oversight of septage land treatment

Change State regulations or create Stateregulations that were equal or more stringentthan 503s

Public perception and political climatecontinually require greater compliance withregulations and appeasement of public concern

503 Implications on Appliers503 Implications on Appliers

Observe Federal 503 regulations

Observe State and local regulations as wellas 503 especially if State or localregulations were more stringent than 503

CLEAN WATER ACTCLEAN WATER ACT(rev.1987)(rev.1987)

Clean Water Act revision gave broaderoversight of regulatory agencies over non-point pollution, particularly agriculture

Septage land application, at agronomic ratesis an agricultural practice

Septage land treatment is subject to scrutinyby not only EPA but USDA/NRCS as well

Clean Water Act GoalsClean Water Act Goals

Part 319 of the CWAPart 319 of the CWA

Non-Point source Pollution– Pollution that, unlike pollution from industrial and

sewage treatment plants, comes from many diffusesources. NPS pollution is caused by rainfall orsnowmelt moving over and through the ground. Asthe runoff moves, it picks up and carries awaynatural and manmade pollutants, finally depositingthem into lakes, rivers, wetlands, coastal waters, andeven our underground sources of drinking water.Loadings of pollutants from NPS enter water bodiesvia sheet flow, rather than through a pipe, ditch orother conveyance.

Section 319 NPS ControlsSection 319 NPS Controls

Prevent loss of pollutants (heavy metalcompounds, nutrients, bacteria) via runofffrom agricultural lands into surface water

Requires managers of agricultural sites toprevent loss of pollutants via conservationpractices and employing best managementpractices in applying nutrient

Fostered the creation of nutrientmanagement programs

Clean Water Act Section 303Clean Water Act Section 303

USEPA after a series of lawsuits in the late90’s implemented criteria to reduce the totalnutrient loading upon surface waters byboth point and non-point source runoff

Creation of Total Maximum Daily Load(TMDL) limitations from all pollutionsources to restrict pollution discharge intosurface and ground water

Nutrient Management PlanNutrient Management Plan

NRCS developed a handbook for guidance inestablishing State Nutrient Management Plans

Focus of Comprehensive Nutrient ManagementPlans (CNMP) is animal manures but includesall organic nutrient sources, biosolids andseptage included

States have the authority to regulate nutrientloading to agricultural land and conservationplans to prevent runoff

CWA Implications on SeptageCWA Implications on SeptageLand ApplicationLand Application

Land appliers may need to implement aCNMP for the use of septage in agriculture

Application of septage may be limited bynitrogen or phosphorus content in someregions

Record keeping for application rates, cropplanted, crop yield, application adjustmentsand future crop planned may be required

NRCS and Septage LandNRCS and Septage LandApplicationApplication

NRCS is the USDA agency that oversees soiland water conservation practices in the USAthrough State conservation offices/districts

NRCS oversight has expanded since the EPArequired Combined Animal Feeding Operation(CAFO) permits

NRCS has regulatory authority in casesinvolving soil and soil nutrient mismanagement

NRCS

NRCS/COMMUITYNRCS/COMMUITYTECHNICAL COMMITTEESTECHNICAL COMMITTEES

The USDA/NRCS has taken an active role inensuring that non-point source, nutrient pollutionis controlled from agricultural sites

Community Technical Committees, composed ofprofessional and non-professional members areconsulted by NRCS in examining practices thatmay impact the environment in a watershed andNRCS responds to the Committee’s requests

NRCS Implications onNRCS Implications onSeptage Land ApplicationSeptage Land Application

Reflective 503 or CWA State or localregulatory requirements:– Septage land application permits

– Possession of a Nutrient Management Plan

NRCS may require any number of soil andwater conservation plans to be filed as partof the agricultural aspect of septage landapplication

NRCS Areas of ConcernNRCS Areas of Concern

Conservation Plan

– Plan for land use that addresses erosion and soilloss

– May require injection or no application on highlyerodable land

– May require cover crop during winter

Storage

– May expect agricultural type storage

NRCS Concerns (cont.)NRCS Concerns (cont.)

Wetland Determination

– Federal and State Law prohibits discharge of apollutant to a wetland, considered surface water

– A wetland determination may be required whena new application site is considered

NRCS Concerns (cont.)NRCS Concerns (cont.)

Important Farmland

– Certain farmland entered into FRPP may not bepermitted for septage application due tohistorical, special soil or other restrictive reason

Frozen Ground Application

– Application of liquid or solid organic waste(incl. Septage) to frozen ground may beprohibited, despite 503 allowances

DEED OF AGRICULTURAL CONSERVATIONEASEMENT

Indiana NRCS

13. Application of Waste Materials

The land application and placement on the Property ofdomestic septic effluent and municipal, commercial orindustrial sewage sludge, waste or liquid for agriculturalproduction purposes may be undertaken only if inaccordance with applicable law and consistent with aConservation Plan, a Nutrient Management Plan, or aComprehensive Nutrient Management Plan.

SummarySummary

503 regulations allow for the use of septage inagricultural as a fertilizer provided certainregulations are observed

Septage land application can be a source ofsurface and ground water pollution and subjectto any restrictions under the Clean Water Act

Due its agricultural use, septage applicationmust also comply with applicable agricultureregulations and BMPs required by NRCS

Informative Web SitesInformative Web Sites

Overview of CWA:http://www.epa.gov/r5water/cwa.htm

Section 319, Clean Water Act:http://www.epa.gov/owow/nps/sec319cwa.html

Coastal zone agricultural non- point sourcemanagement guidelines:http://www.epa.gov/owow/nps/MMGI/agricult.html

NRCS Nutrient Management Guidelines: ftp://ftp-fc.sc.egov.usda.gov/NHQ/practice-standards/standards/590.pdf