Texas Register, Volume 45, Number 16, Pages 2459-2596, April 17, 2020 Page: 2,554
2461-2596 p. ; 28 cm.View a full description of this periodical.
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WEAT and TACWA disagreed that domestic septage as an
equivalent to treated biosolids in meeting the beneficial use
definition, that should be applied under disposal instead and
recommended removing domestic septage from 312.8(13).
Response
As opposed to an authorization for disposal, under the registra-
tion process, the TCEQ allows the registrant to land apply do-
mestic septage in a manner that is beneficial to the crop grown
at registered land application site. When either placed on the
land surface or incorporated into the soil, domestic septage con-
tains nutrients that are essential to plant growth and acts as a
soil amendment. No change was made as a result of this com-
ment.
Comment
WEAT and TACWA are concerned as the definition of lagoon in
312.8(54) currently reads, this may exclude lagoons at central-
ized biosolids processing facilities and recommended modifying
the text "located on site at a wastewater treatment plant" to in-
stead read "located on site or associated with a wastewater treat-
ment plant" to allow for centralized biosolids processing facilities
that are not co-located at a WWTP.
Response
The commission acknowledges adding "or associated with"
to the definition of lagoon but instead revises the definition
in 312.8(54) to read: "Lagoon--A surface impoundment that
is authorized under a permit issued by the commission for
the storage of sewage sludge or biosolids. Any other type of
impoundment must be considered an active disposal unit."
Comment
WEAT and TACWA recommended deleting the sentence
"Biosolids and/or domestic septage shall be stored away from
odor receptors in order to prevent off-site dust migration from the
storage area and to prevent nuisance odors" in 312.50(a)(3)
since it is problematic due to lack of definition and open to
subjectivity. The definition of who qualifies as an impacted odor
receptor is not provided, and enforcement of and compliance
with the provision will be difficult.
Response
This additional rule requirement is consistent with what is
currently stated in the seven-day staging requirements under
312.50(c). Just as with staging, the requirement to store
biosolids and/or domestic septage for up to 90 days at a land
application site is considered a best management practice in
which storage would occur away from odor receptors. Odor
receptors include the general public, occupied residences,
and public places such as established schools, institutions, or
businesses, that may be affected by the frequency, intensity,
duration, and offensiveness of odors originating from stored
biosolids and/or domestic septage. No change was made as a
result of this comment.
Comment
An individual commented the 750-foot buffer for an established
school, institution, business, or occupied residential structure
should be enforced at any time or after operation of the land ap-
plication site instead of "maintained at all times."
ResponseThe purpose of this rule change is to clarify that the 750-foot
buffer zone for an established school, institution, business, or
occupied residential structure, as stated in 312.44(c)(2)(D), be
established and maintained upon issuance of a beneficial land
use site for Class AB or B biosolids and/or domestic septage.
This particular buffer zone must also be re-evaluated only when a
permittee or registrant applies for a renewal or major amendment
when the land application site continues its operation. These
types of land application sites are used for beneficial purposes
as a soil amendment by supplying nutrients to plants and vege-
tation grown on the land to benefit crop production and improve
soil structure and therefore, not for disposal. Since this is the
case, the buffer zones listed under 312.44(c) are not necessary
when they are no longer a permitted, registered, or a currently
operating Class AB site. No change was made as a result of this
comment.
Comment
An individual commented that adding general requirements,
metal limits, management practices, monitoring, recordkeep-
ing, and reporting for water treatment sludge to be consistent
with federal requirements and longstanding registration and
permitting practices is an inadequate change and that TCEQ
has no regulations regulating the thousands of toxic chemical
carcinogens in sewage sludge biosolids. The individual also
commented that renaming Water Treatment Sludge to Water
Treatment Residuals to be consistent with accepted industry
terminology is unnecessary since sludge is defined as semisolid
material such as the type precipitated by sewage treatment and
residuals is defined as the quantity left over at the end of a
process; a remainder.
Response
In the case of this rulemaking, water treatment residuals are not
precipitated by sewage sludge but are instead material gener-
ated during the treatment of either surface water or groundwater
for potable use. In this case, the settled solids and filtered ma-
terial that is left over at the end of the process when treating for
potable use is the residual. No change was made as a result of
this comment.
Comment
An individual commented that notices should be at least a mile
with multiple notices on the site and should have language of
the danger of pathogen exposure because of the danger of
pathogens in Class B sewage sludge emissions that produce
endotoxins and other harmful bio-aerosols.
Response
The purpose of this rulemaking is strictly to clarify the notice re-
quirements based on THSC, 361.121(c), which requires a cer-
tified mailed notice to each owner of the land located within one-
quarter mile of a proposed "land application unit" where Class
B materials are to be applied onto or incorporated into the soil
surface for beneficial use or for treatment. This change replaces
the current "site to be permitted," which does not match what is
in the THSC. No change was made as a result of this comment.
Comment
An individual commented that use of the term "biosolids" as
it pertains to beneficial land application of treated domestic
sewage sludge (Class A, Class AB, and Class B) is an inad-
equate change and additional language is needed to inform
the user of the chemical risks of using biosolids since all the45 TexReg 2554 April 17, 2020 Texas Register
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Texas. Secretary of State. Texas Register, Volume 45, Number 16, Pages 2459-2596, April 17, 2020, periodical, April 17, 2020; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1289739/m1/96/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.