Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-10-022.

     Title of Rule and Other Identifying Information: Chapter 173-308 WAC, Biosolids management, this chapter establishes requirements for sewage treatment plants and other facilities which generate, treat, or use biosolids pursuant to chapters 70.95J and 70.95 RCW. The proposed rule amendments will address the permitting process, septage management requirements, the biosolids fee structure, and incorporate policy changes. This rule making will also address formatting and other general housekeeping issues.

     Hearing Location(s): Washington Department of Ecology, Headquarters Building, 300 Desmond Drive S.E., Lacey, WA, on February 27, 2007, at 6:00 p.m.; and at Big Bend Community College, 7662 Chanute Street N.E., Room 1870D, Moses Lake, WA, on March 1, 2007, at 6:00 p.m.

     Date of Intended Adoption: May 23, 2007.

     Submit Written Comments to: Daniel Thompson, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail dtho461@ecy.wa.gov, fax (360) 407-6102, by 5:00 p.m., March 8, 2007.

     Assistance for Persons with Disabilities: Contact Michelle Payne by TTY (360) 407-6006 or phone/voice (360) 407-6109.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The anticipated revisions will impact all facilities subject to the biosolids rule, including wastewater treatment plants (WWTPs) and septage management facilities (SMFs).

     In addition, this rule making will propose revisions to improve the biosolids permitting processes, address inconsistencies in septage management requirements, create a more complete and equitable program implementation fee, clarify previous rule interpretations and policy decisions, and correct inconsistencies between the biosolids rule and the biosolids general permit. Other rule changes envisioned are relatively minor and will not deviate substantially from federal rule.

     Statutory Authority for Adoption: Chapters 70.95J and 70.95 RCW.

     Statute Being Implemented: Chapters 70.95J and 70.95 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of ecology, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Daniel Thompson, Olympia, Washington, (360) 407-6108.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     SIC CODE AFFECTED: The costs affect businesses, public utilities, and government entities that handle septage and biosolids in the Transportation and Public Utilities, Industry Group 495 SIC code.

     PROPOSED RULE AMENDMENTS: Note: A more detailed explanation of the amendments is provided in Appendix 1. This document only evaluates the proposed amendments that create a legal change for the biosolids businesses. Appendix 1 also explains which amendments create a legal change, why some amendments were not included in the research, and any changes to the amendments in response to comments received.

     Ecology is proposing the following amendments. The ones marked with an "*" reduce costs.

•	Combining the previous classifications of Class I, Class II, and Class III septage into a single definition of "septage."
•	Imposing a requirement that all facilities which land apply septage or treat septage for land application obtain a permit from the department.
•	Imposing the same site management and access restrictions requirements for sites receiving septage whether the material is pH-stabilized or not.
•	*Providing a categorical exemption from the rule for composting toilet systems whose output is transferred to a facility permitted to manage it and an exemption from the permitting and reporting requirements for owners of composting toilet systems even if they land-apply the output.
•	Imposing a requirement that facilities that transport or contract for the transportation of their solids submit a Spill Prevention & Response Plan.
•	Eliminating the options for Class A-Alternative 3 and Class A-Alternative 4.
•	Imposing a requirement that biosolids sold or given away in a bag or other container meet the criteria to be classified as exceptional quality.
•	Imposing a requirement that all applicable facilities submit an annual biosolids report and submit all requested information.
•	Imposing a requirement for applications for coverage under a new biosolids general permit to be submitted within ninety days following the issuance of the permit but allowed for a case-by-case extension up to one hundred eighty days.
•	*Providing exemptions from the reporting and permitting requirements for research projects conducted in accordance with a department-approved research plan and occurring on ten acres or less.
•	Imposing a requirement for public notice each permit cycle for facilities that land apply nonexceptional quality biosolids but limited the extent of the notice.
•	*Eliminating the need for new public notice when applying for coverage under a new general permit if notice was done previously, the facility is in compliance, the facility does not land apply nonexceptional quality biosolids, and the facility is not proposing any significant changes in biosolids management practices.
•	*Eliminating the need to do any notice if proposing an "insignificant" change either when applying for coverage under a new general permit or when proposing insignificant changes while covered under a permit.
•	*Reducing the number of newspaper notices, when required, from two to one.
•	Imposing a requirement for a significant removal of "manufactured inerts" for all biosolids and septage. Facilities will have two years to attain this standard or up to four years if they submit a plan within one year explaining how they will meet the standard within four years.
•	*Providing exemptions to the storage requirements for storage covered under another environmental permit and for "temporary/small-scale storage."
•	Imposing a requirement that biosolids stored in the field meet one of the vector attraction reduction (VAR) standards or the storer must provide the department with a plan addressing how field storage of non-VAR biosolids will not pose an undue risk to human health.
•	*Providing for the "grandfathering in" of surface impoundments meeting WAC 173-304-430 requirements but imposed WAC 173-350-330 surface impoundment requirements for new or upgraded surface impoundments.
•	Clarifying and simplifying the requirements for the importation of biosolids from facilities outside the state (includes tribal lands) by requiring an approval but not a permit if bulk material is sent to an ecology-permitted facility or bagged material is distributed and requiring a full permit if the exporter seeks to manage their own operation within the state. In all cases, fees would be assessed based upon the percent of material produced that is exported into the state.
•	Adding a requirement that preparers of biosolids or sewage sludge maintain the following records:

o	The amount stored onsite.
o	The amount transferred to another facility for further treatment and the name of the other treatment facility.
o	The amount transferred for incineration and the name of the incineration facility.

•	Adding a requirement that appliers of nonexceptional quality biosolids maintain the following records:

o	The location, by street address, if applicable, a copy of the assessor's plat map(s) with the application area(s) clearly shown or the latitude and longitude of the approximate center of each land application site, and the section, township and range of each quarter section on which biosolids are applied.
o	The number of acres in each site on which biosolids were applied.
o	The date biosolids were applied to each site.
o	The annual nitrogen requirement for the crop or vegetation grown on each site.
o	The rate, in dry tons per acre per year, at which biosolids are applied to each site.
o	The amount, in dry tons, of biosolids applied to each site.

     DISPROPORTIONATE COSTS: The direct cost change of the proposed rule amendments has a disproportionate impact on small businesses.

     Ecology collected data on these costs using a survey. The survey instruments are in Appendix 2. Details on the survey results are in Appendix 3. Ecology estimated the costs of the proposed rule amendments using survey results received by December 20, 2006. The survey respondents used a code to validate their survey instruments. This code does not allow ecology to distinguish between public utility districts, government entities, or private businesses. Therefore, we presented the estimated costs on a facility basis.

     The largest costs come from new equipment for removing garbage from biosolids and submitting the annual biosolids reports. In the survey, ecology asked facilities to provide the following types of costs:

•	Reporting.
•	Record keeping.
•	Compliance costs.
•	Professional services.
•	Equipment.
•	Supplies.
•	Labor.
•	Staff time.
•	Increased administrative costs.
•	Lost sales or revenue.

     However, these are included in one value under each type of cost for this rule.

     Ecology has listed the costs in Table 1: Survey Results - Cost or Gain per Employee. The rows that are Green show an increase in costs. NOTE: Ecology cannot add up the dollar values because each facility will experience a different set of costs and gains.

     Proposed Amendments that Increase Costs:

•	The cost of spills plans for facilities that transport biosolids and septage who still do not have a spills plan. This will include at most 25% of facilities. The impact of this proposed amendment is disproportionate for those facilities that are affected. The cost per employee for small businesses is $72 but for large businesses it is only eleven cents. Businesses that have a permit will not experience new costs. Ecology is evaluating this cost because the requirement is being shifted from the permit into the rule. The current biosolids general permit already requires facilities that transport, to submit a spill plan. The costs associated with this requirement in the permit were addressed in the Economic Impact Analysis conducted on the biosolids general permit in December 2004.
•	Submitting an annual biosolids report for facilities that did not have to do so in the past. This will affect about 60% of the WWTPs and the beneficial use facility (BUFs). The impact of this proposed amendment is disproportionate for those facilities that are affected. The cost per employee for small businesses is $526 but for large businesses it is only twenty-four cents. Businesses that have a permit will not experience new costs. The reason for this is that the department already requires all facilities to submit an annual report. The department is already allowed to require this by the current rule. All facilities have been complying with this requirement since 1999. The reason ecology is evaluating the cost is that the proposed amendments move this requirement from policy into rule.
•	Submitting the permit application within ninety days of the adoption of a general permit. This may affect about 30% of facilities that had more time in the past. The impact of this proposed amendment is disproportionate for those facilities that are affected. The cost per employee for small businesses is $54 but large facilities were unaffected because they already do this.
•	Some SMFs will have to obtain a permit. This will affect 40% of the SMFs. Ecology estimates the cost per employee at $819 for small facilities. No large facilities reported their costs.
•	Screening to remove garbage from biosolids. Ecology changed the initial proposed rule amendment after the survey based on comments related to high costs. The language now requires "a significant removal of manufactured inerts"1 in biosolids. We explain this change further in the Reduced Compliance Costs section and Appendix 1. The cost evaluation is based on facilities that have more than 5% garbage in the biosolids and assumes an impact on 20% of facilities. The impact of the original proposed amendment is disproportionate for those facilities that are affected. The cost per employee for small businesses is $9,200 but for large businesses it is only $400. The responses to the survey indicated the costs were high, so changes were made to the rule between the survey and the rule proposal which ecology expects will result in reduced costs.
•	Reducing the risk from disease vectors from field storage of biosolids that do not meet a vector attraction reduction requirement. The impact of this proposed amendment is disproportionate for those facilities that are affected. The cost per employee for small businesses is $63 but large facilities are not affected.
•	This SBEIS does not evaluate the elimination of the two Class A alternatives because only municipal facilities were affected.
•	Management changes for unstabilized septage for three to six SMFs that land apply unstabilized septage. Ecology received comments on this amendment during the preproposal stage that suggested very high costs. Therefore, ecology changed this proposed amendment after the cost survey was done. We explain this change further in the Reduced Compliance Costs section and Appendix 1. Under the proposed rule, facilities can land apply pH-stabilized septage, but the application rate may be stricter. Thus, the cost listed below for this item is very large by comparison with the likely actual cost. The impact of the original proposed amendment is disproportionate for those facilities that are affected. The cost per employee for small businesses is $500 but large facilities are unaffected.
•	Site management requirements for five to ten SMFs that land apply pH-stabilized septage and do not limit access for cattle or the public. The impact of this proposed amendment is disproportionate for those facilities that are affected. The cost per employee for small businesses is $49 but for large businesses it is only sixty-six cents. Businesses that have a permit will not experience new costs. The reason for this is that the current biosolids general permit already requires facilities to maintain the same site management standards for both pH-stabilized and non-pH-stabilized septage. The reason ecology is evaluating this requirement as a new cost is because it is being shifted from the permit into the rule.

     (a) Reducing, modifying, or eliminating substantive regulatory requirements.

     (b) Simplifying, reducing, or eliminating record-keeping and reporting requirements.

     (c) Reducing the frequency of inspections.

     (d) Delaying compliance timetables.

     (e) Reducing or modifying fine schedules for noncompliance.

     (f) Any other mitigation techniques.

     The proposed amendments provide several features to reduce costs for individuals or facilities that do not increase health costs. We have listed the reduced costs in Table 1, above. The rows in grey show the reduced costs. This direct savings has a present value of approximately $343,000 over a five-year permit cycle.

     The proposed amendments provide exemptions that eliminate substantive requirements for some entities - RCW 19.85.030 (2)(a):

•	Exemption from the rule or significant portions of the rule for composting toilet systems. Since these are not facilities, the savings is unknown.
•	Exemption from the reporting and permitting requirements for research projects conducted in accordance with a department-approved research plan and occurring on ten acres or less. Ecology estimates the present value of the savings from this exemption at $184,000 over a five-year period. Apparently, the only facilities doing this kind of work are large employers with over fifty employees. The savings per employee is $5.50.
•	Exemption to the storage requirements for storage covered under another environmental permit and for "temporary or small-scale storage." Ecology estimates the present value of the savings from this exemption at $13,000 over a five-year period. The impact of this proposed amendment is disproportionate for those facilities that are affected. The savings per employee for small businesses is $28 but for large businesses it is only $1.25.

     The proposed amendments provide for fewer public notices when required - RCW 19.85.030 (2)(b):

•

Reducing the number of newspaper notices, when required, from two to one and eliminating the need for a new public notice when applying for coverage under a new general permit if notice was done previously and the facility is not land-applying nonexceptional quality biosolids. Ecology estimates the savings from this set of exemptions at $113,000 once every five years. The impact of this proposed amendment is disproportionate for those facilities that are affected. The savings per employee for small businesses is $58 but for large businesses it is only $3.75.

•

Eliminating the need to do any notice if proposing an "insignificant" change either when applying for coverage under a new general permit or when proposing insignificant changes while covered under a permit. Ecology estimates the present value of the savings from this exemption at $32,000. The impact of this proposed amendment is disproportionate for those facilities that are affected. The savings per employee for small businesses is $22 but for large businesses it is only $0.06.

     The proposed amendments allow grandfathering, which will allow facilities to continue their current activities, while still increasing the requirements for new activities - RCW 19.85.030 (2)(a).

•

This is for surface impoundments meeting WAC 173-304-430 requirements. However, the revised WAC 173-350-330 surface impoundment requirements are imposed for new or upgraded surface impoundments. This does not provide a savings by comparison with the existing rule but simply avoids imposing a high cost for the existing facilities. The grandfathering would fit as a cost-minimizing feature under.

     The proposed amendments provide opportunities to delay compliance schedules - RCW 19.85.030 (2)(d).

•

Allowing for an extension of the timeline for submitting permit applications to up to one hundred eighty days. This is twice the length of time otherwise allowed. This will offset some of the additional costs estimated for submitting the permit applications within ninety days after the issuance of a general permit.

•

Extending the period for which to comply with the "significant removal of manufactured inerts" by allowing facilities up to four years to comply if they submit a plan explaining how they will comply by that time. This change was made after the survey was conducted, thus the impact on the estimated costs due to this amendment cannot be determined. However, it would likely result in a significant reduction in costs because it would potentially allow a facility an additional two years to comply.

     The proposed amendments provide some last minute cost reducing changes - RCW 19.85.030 (2)(f):

•

Ecology eliminated the objective standard of 95% removal of garbage and shifted to a subjective standard of "significantly remove manufactured inerts." Since this was not specifically evaluated in the survey instruments, it is not possible to state the impact of this change on the estimated costs of the originally proposed amendment. However, it is likely that using the subjective standard rather than the objective standard will result in a reduction in the estimated costs and, therefore, a reduction in the disproportionate impacts.

•

Ecology eliminated part of the constraint on unstabilized septage by allowing facilities to land apply pH-stabilized septage but with possibly more strict land application rates. Because this cost was not specifically covered in the survey instruments, it is not possible for ecology to identify the impact of this change on the estimated costs of the originally proposed amendment. However, it is highly likely that this change will result in a significant reduction in the estimated costs and, therefore, a significant reduction in the disproportionate impacts. Most likely, the cost of this change will be reduced to nearly $0.00 because the change in the proposal is almost a return to the original rule requirements.

     OUTREACH TO SMALL BUSINESS: Ecology has made an extensive effort to involve small businesses in the development of the rule and will continue to do so. Below is a brief description of some of our efforts.

•	Advisory group representation. Before amending the rule, ecology formed an advisory group. Among the seventeen members of the advisory group, five (29%) represented small businesses. Ecology held four meetings with the advisory group to discuss potential amendments. Following the meetings, a rough draft of the proposed rule was sent to the advisory group for review and comment. Ecology considered these comments during the development of the proposed rule. It should be noted that none of the proposed changes were strongly objected to by any of the small business representatives on the advisory group. Moreover, all of the small business representatives on the advisory group strongly supported the two most costly proposed amendments (the annual report requirement and the screening requirement).
•	Outreach through the surveys. The surveys conducted for the development of this SBEIS and the overall cost benefit analysis were sent to fifty-four of the sixty-seven (81%) privately owned facilities regulated by the rule. Among the fifty-four recipients of the survey, forty-nine (91%) are thought to be small businesses. Thus, the recipients of the survey were disproportionately small businesses.
•	Outreach through newsletters. Ecology published notices of the proposed rule amendments in three industry newsletters to reach small businesses and others to request their involvement in the process. The industry newsletters where the notice was published are:

♦	Biosolids Bulletin (newsletter of the Northwest Biosolids Management Association)
♦	WORC Newsletter (newsletter of the Washington Organics Recycling Council)
♦	Closed Loop Scoop (newsletter from ecology that goes out to the solid waste management industry).

     Ecology will also publish notices in the newsletters prior to the opening of the public comment period and after we issue the adopted rule.

     Outreach through direct contact. In addition to providing notification of the public comment period on the draft rule amendments through newsletters and other means, ecology will directly contact all small businesses to notify them of the comment period and provide them with a means to access the proposed rule amendments. The notice will strongly encourage review and comment.

¹ Manufactured inerts are defined in the draft revised rule as, "...wastes such as plastic, metals, ceramics and other manufactured items that remain relatively unchanged during wastewater or biosolids treatment processes."

² The cost for the significant removal of garbage from biosolids was measured based on the "95% removal" question used in the survey.

³ The cost for the management of unstabilized septage was measured based on the "management of unstabilized septage" question used in the survey.

     Due to size limitations relating to the filing of documents with the code reviser, the SBEIS does not contain the appendices that further explain ecology's analysis. Additionally, it does not contain the raw data used in this analysis, or all of ecology's analysis of this data. However, this information is being placed in the rule-making file and is available upon request.

     A copy of the statement may be obtained by contacting Daniel Thompson, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6108, fax (360) 407-6102, e-mail dtho461@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Daniel Thompson, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6108, fax (360) 407-6102, e-mail dtho461@ecy.wa.gov.

January 19, 2007

Polly Zehm

Deputy Director

OTS-9475.2

NEW SECTION
WAC 173-308-005   Explanation for the use of the terms "sewage sludge," "biosolids applied to a lawn or home garden," and "septage."   (1) Sewage sludge is the semisolid material that has settled out of a wastewater treatment system that treats domestic wastes. Biosolids are produced by treating sewage sludge to meet certain quality standards that allow it to be applied to the land for beneficial use. Septage is a class of biosolids that comes from septic tanks and similar systems receiving domestic wastes.

     (a) Sewage sludge. Unless the context requires otherwise, "sewage sludge" is the term used in this chapter to refer to the residual material produced by a treatment works treating domestic sewage that does not meet the standards to be classified as biosolids or that is being disposed in a municipal solid waste landfill.

     (b) Biosolids. Unless the context requires otherwise, "biosolids" is the term used in this chapter to refer to sewage sludge or septage that has been or is being treated to meet standards so that it can be applied to the land.

     (c) Septage. Unless the context requires otherwise, "septage" is the term used in this chapter to refer to septage that is or will be managed as septage.

     (2) The following sections apply only to biosolids or septage managed as biosolids originating from sewage sludge: WAC 173-308-150, 173-308-160, 173-308-170, 173-308-180, 173-308-200, 173-308-210, 173-308-250, and 173-308-260.

     (3) WAC 173-308-270 addresses the management requirements for septage.

     (4) Unless the context requires otherwise, all other sections apply to all biosolids, including septage.

[]

     (2) Purpose.

     (((a) The purpose of this chapter is to protect human health and the environment when biosolids are applied to the land. This chapter encourages the maximum beneficial use of biosolids, and is intended to conform to all applicable federal rules adopted under the Federal Clean Water Act as it existed on February 4, 1987.

     (b) This chapter establishes permitting requirements for treatment works treating domestic sewage that engage in applicable biosolids treatment or management practices, including any person, site, or facility that has been designated as a treatment works treating domestic sewage.

     (c) This chapter establishes standards for the treatment, quality, and management of municipal sewage sludge and domestic septage that are directly enforceable, and that allow these materials to be classified and managed as biosolids.

     (d) This chapter establishes requirements, standards, management practices, and monitoring, recordkeeping and reporting requirements that are applicable when biosolids are applied to the land and when municipal sewage sludge is disposed in a municipal solid waste landfill unit as defined in WAC 173-351-100.

     (e) This chapter establishes fees for permits issued to facilities that engage in applicable biosolids management activities.

     Fees under WAC 173-308-320 do not apply to persons whose activity is limited to pumping, hauling, temporarily storing, or delivering septage or biosolids to other facilities or land application sites, if:

     (i) They do not engage in the treatment of the septage or biosolids;

     (ii) They have not been designated as a treatment works treating domestic sewage; and

     (iii) The generating and receiving facility or land application site is in compliance with the requirements of WAC 173-308-310.)) The purpose of this chapter is to protect human health and the environment when biosolids are managed.

     (a) This chapter encourages the maximum beneficial use of biosolids and is intended to conform to all applicable federal rules adopted under the Federal Clean Water Act as it existed on February 4, 1987.

     (b) This chapter establishes permitting requirements for treatment works treating domestic sewage that engage in applicable biosolids treatment or management practices, including any person, site, or facility that has been designated as a treatment works treating domestic sewage.

     (c) This chapter establishes standards for the treatment, quality, and management of sewage sludge and septage that are directly enforceable and that allow these materials to be classified and managed as biosolids.

     (d) This chapter establishes requirements, standards, management practices, and monitoring, recordkeeping and reporting requirements that are applicable when biosolids are applied to the land and when sewage sludge is disposed in a municipal solid waste landfill unit as defined in chapter 173-351 WAC.

     (e) This chapter establishes fees for permits issued to treatment works treating domestic sewage.

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-010, filed 2/18/98, effective 3/21/98.]

     (g) Commercial septage, industrial septage, or a mixture of domestic septage and commercial or industrial septage; on a case-by-case basis, on request of the person who applies septage to the land or at the department's discretion, the department may designate the septage in this subsection (3)(g) as septage that is domestic in quality, and require the septage to be managed in accordance with the provisions of this chapter.)) (1) These rules apply to all treatment works treating domestic sewage as defined by this chapter. In addition, these rules apply to, but are not limited to, the following:

     (a) A person who prepares biosolids or sewage sludge.

     (b) A person who stores biosolids or sewage sludge.

     (c) A person who applies biosolids to the land.

     (d) Biosolids that are applied to the land.

     (e) The land where biosolids are applied.

     (f) The owner and lease-holder of land where biosolids are applied.

     (g) A person who disposes of sewage sludge in a municipal solid waste landfill.

     (h) Sewage sludge that is disposed of in a municipal solid waste landfill.

     (i) Biosolids or sewage sludge generated at an industrial facility during the treatment of only domestic sewage.

     (j) A person who transfers biosolids or sewage sludge from one facility to another.

     (k) A person who transports biosolids or sewage sludge.

     (l) Mixtures of biosolids and other materials including, but not limited to, solid wastes.

     (2) This chapter does not apply to the following sewage sludge and biosolids management facilities and practices:

     (a) The firing of biosolids or sewage sludge in an incinerator.

     (b) The placing or disposal of sewage sludge or biosolids in facilities other than municipal solid waste landfills.

     (3) Except as provided in (g) of this subsection, the following solid wastes are not regulated under this chapter:

     (a) Sludge generated at an industrial facility during the treatment of industrial wastewater, including sewage sludge generated during the treatment of industrial wastewater combined with domestic sewage.

     (b) Sewage sludge determined to be hazardous in accordance with chapter 70.105 RCW or rules adopted thereunder.

     (c) Sewage sludge with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry weight basis).

     (d) Ash generated during the firing of sewage sludge or biosolids in an incinerator.

     (e) Grit or screenings generated during preliminary treatment of domestic sewage in a treatment works.

     (f) Sludge generated during the treatment of either surface water or groundwater used for drinking water.

     (g) Commercial septage, industrial septage, or a mixture of domestic septage and commercial or industrial septage or other commercial or industrial materials. However, on a case-by-case basis, on request of the person who applies septage to the land or at the department's discretion, the department may designate the septage in this subsection as septage that is domestic in quality and require the septage to be managed in accordance with the provisions of this chapter.

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-020, filed 2/18/98, effective 3/21/98.]

     (4) Biosolids facilities and sites where biosolids are applied to the land must comply with other applicable federal, state and local laws including zoning and land use requirements. Enforcement of other laws and regulations is the responsibility of the agency with jurisdiction.)) In addition to the requirements of this chapter, other laws, regulations, and ordinances may also apply to biosolids or sewage sludge. These include, but are not limited to, the following:

     (1) Commercial fertilizers are subject to regulation by the Washington state department of agriculture. Biosolids meeting the definition of a commercial fertilizer must comply with chapter 15.54 RCW and chapter 16-200 WAC.

     (2) Except as required in WAC 173-308-100, the transportation of biosolids or sewage sludge is subject to regulation by the Washington state utilities and transportation commission under Title 81 RCW.

     (3) Facilities required to obtain permits under WAC 173-308-310 must comply with the requirements in chapter 43.21C RCW and the State Environmental Policy Act (SEPA) rules adopted under chapter 197-11 WAC. Public notice and hearing requirements under SEPA may be coordinated with the similar requirements of this chapter.

     (4) Biosolids facilities and sites where biosolids are applied to the land must comply with the requirements of chapter 90.48 RCW and chapters 173-200 and 173-201A WAC.

     (5) Facilities and sites where biosolids are applied to the land or sewage sludge is disposed must comply with the federal biosolids rule, 40 CFR Part 503.

     (6) Facilities and sites where biosolids are applied to the land must comply with other applicable federal, state and local laws, regulations, and ordinances, including zoning and land use requirements.

     (7) The enforcement of other laws, regulations, and ordinances is the responsibility of the agency with jurisdiction.

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-030, filed 2/18/98, effective 3/21/98.]

[]

[]

     Delegation must be consistent with any applicable state-EPA agreement regarding delegation of federal biosolids program authority.

     (((2))) (1) Method of delegation.

     (a) Delegation will be accomplished through an instrument of mutual consent that is acceptable to both the department and the local health ((department)) jurisdiction seeking delegation.

     (b) The department may revoke part or all of a delegation of authority under this section if it finds that a local health ((department)) jurisdiction has failed to adequately carry out any portion of a delegated responsibility.

     (((c) As an alternative to revocation of local delegation under (b) of this subsection, the department may correct any deficiencies in a locally approved state permit element by implementing the requirements of this chapter in a separate state approved land application plan or permit. In such case the requirements of the state plan or permit will be in addition to or take precedent over local requirements.

     (3))) (2) Contents of delegation agreements.

     (a) At a minimum, delegation agreements must specify the authorities and responsibilities that are being delegated to a local health ((department)) jurisdiction.

     (b) Other authorities and responsibilities are assumed to be retained by the department.

     (c) All delegation agreements must have a termination date that is no more than five years from the date signed.

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-050, filed 2/18/98, effective 3/21/98.]

     (2) Biosolids are not solid waste and are not subject to regulation under solid waste laws.

     (((2) Municipal)) (3) Sewage sludge or septage that fails to meet standards for classification as biosolids is a solid waste, and may not be applied to the land.

     (((3) Municipal)) (4) Sewage sludge or septage that will be disposed in a landfill is a solid waste.

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-060, filed 2/18/98, effective 3/21/98.]

     "Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.

     "Aerobic digestion" is the biochemical decomposition of organic matter in biosolids into carbon dioxide and water by microorganisms in the presence of air. Aerobic digestion does not include composting.

     "Agricultural land" is land on which a food crop, feed crop, or fiber crop is grown. This includes range land and land used as pasture.

     "Agronomic rate" is the ((whole)) biosolids application rate (((dry weight basis) that will provide the amount of nitrogen required for optimum growth of vegetation)) that provides the amount of nitrogen necessary for the optimum growth of a targeted vegetation type, and that will not result in the violation of applicable standards or requirements for the protection of ground or surface water as established under chapter 90.48 RCW and related rules including chapters 173-200 and ((173-201)) 173-201A WAC.

     "Anaerobic digestion" is the biochemical decomposition of organic matter in biosolids into methane gas and carbon dioxide by microorganisms in the absence of air. Anaerobic digestion does not include composting.

     (("Annual pollutant loading rate" is the maximum amount of a pollutant that can be applied to a unit area of land during a three hundred sixty-five-day period.

     "Annual whole biosolids application rate" is the maximum amount of biosolids (dry weight basis) that can be applied to a unit area of land during a three hundred sixty-five-day period.))

     "Apply biosolids or biosolids applied to the land" means the land application of biosolids for the purpose of beneficial use.

     "Beneficial use facility" means a receiving-only facility consisting of a site or sites where biosolids from other treatment works treating domestic sewage are applied to the land for beneficial use, which has been permitted as a treatment works treating domestic sewage in accordance with the provisions of WAC 173-308-310, and that has been designated as a beneficial use facility through the permitting process.

     "Beneficial use of biosolids" means the application of biosolids to the land for the purposes of improving soil characteristics including tilth, fertility, and stability ((and enhancing)) to enhance the growth of vegetation consistent with protecting human health and the environment.

     "Biosolids" means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all applicable requirements under this chapter. Biosolids includes a material derived from biosolids, and septic tank sludge, also known as septage, that can be beneficially recycled and meets all applicable requirements under this chapter. For the purposes of this rule, semisolid products include biosolids or products derived from biosolids ranging in character from mostly liquid to fully dried solids.

     "Biosolids sold or given away in a bag or other container" means biosolids sold or given away to the general public in a bag or other container holding less than 1 metric ton (1.1 U.S. tons).

     "Bulk biosolids" means biosolids that are not sold or given away in a bag or other container for application to the land.

     "Ceiling concentration" means the maximum concentration of a pollutant in any biosolids sample, beyond which level the biosolids would be classified as ((municipal)) sewage sludge not suitable for application to the land. Ceiling concentrations are established in Table 1 of WAC 173-308-160.

     "Class I biosolids management facility" is any publicly owned treatment works (POTW), as defined in 40 CFR 501.2, required to have an approved pretreatment program under 40 CFR 403.8(a) (including any POTW located in a state that has elected to assume local program responsibilities under 40 CFR 403.10(e)), and any treatment works treating domestic sewage, as defined in 40 CFR 122.2, classified as a Class I biosolids management facility by the EPA Regional Administrator, or in the case of approved state programs, the Regional Administrator in conjunction with the state director, because of the potential for its biosolids use or disposal practice to affect public health and the environment adversely.

     "Clean Water Act" or "CWA" means the Clean Water Act or Federal Clean Water Act (FCWA) (formerly referred to as either the Federal Water Pollution Act or the Federal Water Pollution Control Act Amendments of 1972), Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, Public Law 97-117, and Public Law 100-4.

     "Composting" means the ((controlled)) biological degradation of organic ((solid waste yielding a product for use as a soil conditioner)) material under controlled conditions designed to promote aerobic decomposition. This does not include the treatment of sewage sludge in a digester at a wastewater treatment plant.

     "Cumulative pollutant loading rate" is the maximum amount of a pollutant that can be applied to an area of land from biosolids that exceed the pollutant concentration limits established in Table 3 of WAC 173-308-160.

     "Density of microorganisms" is the number of microorganisms per unit mass of total solids (dry weight) in the biosolids.

     "Department" means the Washington state department of ecology and, within the scope of its delegation, a local health ((department)) jurisdiction that has been delegated authority under WAC 173-308-050.

     "Director" means the director of the department of ecology or his or her authorized representative.

     "Disposal on an emergency basis" means a period up to but not exceeding one year. Generally, emergency situations requiring the use of disposal facilities will normally occur as a result of inclement weather conditions at a beneficial use site, contractual or technical difficulties in the treatment, transportation, or application of the biosolids, or as a result of short term economic or administrative barriers, any and all of which are expected to be resolved within a period of one year.

     "Disposal on a long-term basis" means to adopt disposal as a preferred method of management for at least five years, or for an indefinite period of time with no expectation for pursuing other management alternatives.

     "Disposal on a temporary basis" means a period of more than one but less than five years. Generally, situations requiring the temporary use of disposal facilities will normally occur as a result of deficiencies in the wastewater or biosolids treatment process, or economic, administrative, or contractual constraints which cannot be resolved in less than one year.

     (("Domestic septage" means domestic septage - Class I, Class II, or Class III as defined in this section.

     "Domestic septage - Class I" is liquid or solid material removed from domestic septic tanks, cess pools, or similar treatment works that receive only domestic sewage, and that has had a sufficiently long residency time to be considered largely stabilized. For the purposes of managing mixed loads or batches of septage, a load or batch is considered Class I if it does not exceed twenty-five percent by volume of Class II domestic septage or twenty-five percent by volume of restaurant grease trap waste, unless otherwise approved by the regulatory authority.

     "Domestic septage - Class II" is liquid or solid material removed from portable toilets, type III marine sanitation devices, vault toilets, pit toilets, RV holding tanks or other similar holding systems that receive only domestic sewage.

     "Domestic septage - Class III" is liquid or solid material removed from domestic septic tanks, cess pools, or similar treatment works that receive sewage from commercial or industrial sources, but which the department has determined to be domestic in quality under WAC 173-308-020 (3)(g).

     "Domestic septage managed as biosolids originating from municipal sewage sludge" means domestic septage managed as if it had originated from a sewage treatment process at a publicly owned treatment works.))

     "Domestic sewage" is waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.

     "Dry weight basis" means calculated on the basis of having been dried at 105°C (221°F) until reaching a constant mass (i.e., essentially one hundred percent solids content).

     "EPA" means the United States Environmental Protection Agency.

     "Exceptional quality biosolids" means biosolids that meet the pollutant concentration limits in Table 3 of WAC 173-308-160, one of the Class A pathogen reduction requirements in ((one of)) WAC 173-308-170 (((2)(a) through (f))), and one of the vector attraction reduction requirements in ((one of)) WAC 173-308-180 (((2) through (7))).

     "Facility" means a treatment works treating domestic sewage as defined in this chapter, unless the context of the rule requires otherwise. For the purposes of this chapter a facility is considered to be new if it has not been previously approved for the treatment, storage, use, or disposal of biosolids or sewage sludge.

     "Feed crops" are crops produced primarily for consumption by animals.

     "Fiber crops" are crops such as flax and cotton((,)) including, but not limited to, those whose parts or by-products may be consumed by humans or used in the production or preparation of food for human consumption.

     "Food crops" are crops consumed by humans. These include, but are not limited to, fruits, vegetables, grains, and tobacco.

     "Forest" is an area of land that is managed for the production of timber or other forest products, or for benefits such as recreation and watershed protection, and that is or will be dominated by trees under the current system of management. For the purposes of this rule, other areas of land that are not regulated as agricultural land, public contact sites, land reclamation sites, or lawns or home gardens are considered ((forestland)) forest land.

     "General permit((,))" ((for the purposes of this chapter,)) means a permit issued by the department in accordance with the procedures established in this chapter ((or in chapter 173-226 WAC)), to be effective in a designated geographical area, that authorizes the application of biosolids to the land or the disposal of ((biosolids)) sewage sludge in a municipal solid waste landfill, under which multiple treatment works treating domestic sewage may apply for coverage.

     "Geometric mean" means the antilogarithm of the arithmetic average of the logarithms of the sample values, or the nth root of the product of n sample values.

     "Ground water" means water in a saturated zone or stratum beneath the surface of land or below a surface water body.

     "Health ((department)) jurisdiction" or "local health ((department)) jurisdiction" means city, county, city-county, or district public health ((department)) jurisdiction as defined in chapters 70.05, 70.08, and 70.46 RCW.

     "Individual permit((,))" ((for the purposes of this chapter,)) means a permit issued by the department to a single treatment works treating domestic sewage in accordance with WAC 173-308-310, which authorizes the application of biosolids to the land or the disposal of ((biosolids)) sewage sludge in a municipal solid waste landfill.

     "Industrial wastewater" is wastewater generated in a commercial or industrial process.

     "Land application" is the application of biosolids to the land surface by means such as spreading or spraying((;)), the injection of biosolids below the land surface((;)), or the incorporation of biosolids into the soil, for the purpose of beneficial use.

     "Land with a low potential for public exposure" is land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest, and a reclamation site located in an unpopulated area (e.g., a strip mine located in a rural area).

     "Land with a high potential for public exposure" is land that the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site located in a populated area (e.g., a construction site located in a city).

     "Local health ((department)) jurisdiction" see definition of health ((department)) jurisdiction.

     "Manufactured inerts" means wastes such as plastic, metals, ceramics and other manufactured items that remain relatively unchanged during wastewater or biosolids treatment processes.

     "Monthly average" is the arithmetic mean of all measurements taken during the month.

     "Municipal sewage sludge" means sewage sludge generated from a publicly owned treatment works. For the purposes of this chapter, sewage sludge generated from the treatment of only domestic sewage in a privately owned or industrial treatment facility is considered municipal sewage sludge.

     "Municipality" means a city, town, borough, county, parish, district, association, or other public body (including an inter-municipal agency of two or more of the foregoing entities) created by or under state law((;)), or a designated and approved management agency under section 208 of the Clean Water Act, as amended. The definition includes a special district created under state law, such as a water district, sewer district, sanitary district, utility district, drainage district, or similar entity, or an integrated waste management facility as defined in section 201(e) of the Clean Water Act, as amended, that has as one of its principal responsibilities the treatment, transport, use, or disposal of biosolids.

     "Nonexceptional quality biosolids" means biosolids that do not meet the criteria of "exceptional quality biosolids" as defined in this section.

     "Other container" is either an open or closed receptacle. This includes, but is not limited to, a bucket, a box, a carton, and a vehicle or trailer with a load capacity of one metric ton (1.1 U.S. tons) or less.

     "Owner" means any person with ownership interest in a site or facility, or who exercises control over a site or facility, but does not include a person who, without participating in management of the site or facility, holds indicia of ownership primarily to protect the person's security interest.

     "Pasture" is land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover.

     "Pathogenic organisms" are disease causing organisms. These include, but are not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.

     "Permit" means an authorization, license, or equivalent control document issued by the director to implement the requirements of this chapter. Unless the context requires differently, the use of the term in this chapter refers to both individual permits and general permits.

     "Person" is an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof.

     "Person who prepares biosolids" is either the person who generates biosolids during the treatment of domestic sewage in a treatment works or the person who derives a material from biosolids.

     "pH" means the logarithm of the reciprocal of the hydrogen ion concentration.

     "Place sewage sludge" or "sewage sludge placed" means to dispose of sewage sludge.

     "Pollutant" is an organic substance, an inorganic substance, a combination of organic and inorganic substances, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the Administrator of EPA, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either organisms or offspring of the organisms.

     "Pollutant limit" is a numerical value that describes the amount of a pollutant allowed per unit amount of biosolids (e.g., milligrams per kilogram of total solids)((;)), the amount of a pollutant that can be applied to a unit area of land (e.g., kilograms per hectare)((;)), the volume of a material that can be applied to a unit area of land (e.g., gallons per acre)((;)), or the number of pathogens or indicator organisms per unit of biosolids. Pollutant limits are established in Tables 1 - ((4)) 3 of WAC 173-308-160, in 173-308-170, and in 173-308-270.

     "Public contact site" is 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.

     "Publicly owned treatment works" means a treatment works treating domestic sewage that is owned by a municipality, the state of Washington, or the federal government.

     "Range land" is generally open, uncultivated land dominated by herbaceous or shrubby vegetation that may be used for grazing or browsing, either by wildlife or livestock.

     "Receiving-only facility" means a treatment works treating domestic sewage that only receives ((municipal)) sewage sludge or biosolids from other sources for further treatment and/or application to the land, and which does not generate any biosolids from the treatment of domestic sewage.

     "Reclamation site" is drastically disturbed land that is reclaimed using biosolids. This includes, but is not limited to, strip mines and construction sites.

     "Residential equivalent value" means the number of residential equivalents determined for a facility under chapter 173-224 WAC or a value similarly obtained under WAC 173-308-320.

     "Restrict public access" means to minimize access of nonessential personnel to land where biosolids are applied, through the use of natural or artificial barriers, signs, remoteness, or other means.

     "Saturated zone" means the zone below the water table in which all interstices are filled with water.

     "Septage" or "domestic septage" is liquid or solid material removed from septic tanks, cess pools, portable toilets, type III marine sanitation devices, vault toilets, pit toilets, RV holding tanks, or similar systems that receive only domestic sewage.

     "Septage managed as biosolids originating from sewage sludge" means septage managed as if it had originated from a sewage treatment process at a wastewater treatment facility including, but not limited to, meeting the sampling requirements in WAC 173-308-140, the monitoring requirements in WAC 173-308-150, the pollutant limits in WAC 173-308-160, the pathogen reduction requirements in WAC 173-308-170, and the vector attraction reduction requirements in this chapter.

     "Septage management facility" means a person who applies septage to the land or one that treats septage for application to the land.

     "Sewage sludge" is solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

     "Significant change in biosolids management practices" means, but is not limited to, the following: A change in the quality of biosolids that are applied to the land, either from class A to class B for pathogens, or from Table 3 to Table 1 of WAC 173-308-160 for pollutant limits; the addition of a new area to which biosolids will be applied((,)) which was not previously disclosed during a required public notice process; for class B biosolids only, a change from nonfood crops to food crops, a change from crops where the harvestable portions do not contact the biosolids/soil mixture to crops where the harvestable portions contact((s)) the biosolids/soil mixture, or a change in site classification from land with a low potential for public exposure to land with a high potential for public exposure; or any change or deletion of a requirement established in an approved land application plan or established as a condition of coverage under a permit that would result in a decrease in buffer size, site monitoring, or facility reporting requirements, which was not otherwise provided for in the permit or plan approval process.

     "Significantly remove ((or reduce recognizable materials)) manufactured inerts" means to significantly remove ((recognizable debris)) manufactured inerts from biosolids or sewage sludge by means such as physical screening((, or to reduce the number of recognizable items in biosolids by means such as grinding,)) or another method to a level that, in the opinion of the department, will not result in an aesthetic nuisance or physical hazard ((when biosolids are applied to the land)).

     "Site" means all areas of land, including buffer areas, which are identified in the scope of an approved site specific land application plan. A site is considered to be new or expanded when biosolids are applied to an area not approved in a site specific land application plan or that was not previously disclosed during a required public notice process.

     "Specific oxygen uptake rate (SOUR)" is the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the biosolids.

     "State" means the state of Washington.

     "Store or storage of biosolids or sewage sludge" is the placing of biosolids or sewage sludge on land on which the biosolids remain for two years or less or in surface impoundments or other containment devices in which the biosolids or sewage sludge remain for two years or less, except where a greater time period has been approved by the department. This does not include the placing of biosolids or sewage sludge on land for treatment or disposal.

     "Stover" is the nongrain, above-ground part of a grain crop, often corn or sorghum.

     "Surface impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), and which is designed to hold an accumulation of liquids or sludges. The term includes holding, storage, settling, and aeration pits, ponds, or lagoons, but does not include injection wells.

     "Surface waters of the state" means surface waters of the state as defined in WAC 173-201A-020.

     "Tank" means a stationary device designed to contain an accumulation of liquid or semisolid materials and which is constructed primarily of nonearthen materials to provide structural support.

     "Temporary, small-scale storage" is the storage of biosolids or sewage sludge for no more than thirty days in a tank holding no more than 10,000 gallons with a total on-site maximum volume of no more than 20,000 gallons.

     "Total solids" are the materials in biosolids that remain as residue when the biosolids are dried at 103 to 105°C (217.4 to 221°F).

     "Treat or treatment of biosolids" is the preparation of biosolids for final use or disposal. This includes, but is not limited to, thickening, stabilization, and dewatering of biosolids. This does not include storage of biosolids.

     "Treatment works" is either a federally owned, publicly owned, or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature.

     "Treatment works treating domestic sewage" means a publicly owned treatment works or any other sewage sludge or wastewater treatment devices or systems, regardless of ownership, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage or sewage sludge, including land dedicated for the disposal of sewage sludge. Treatment works treating domestic sewage also includes a beneficial use facility and a septage management facility that has been permitted in accordance with the provisions of WAC 173-308-310, and a person, site, or facility designated as a treatment works treating domestic sewage in accordance with WAC 173-308-310 (1)(b). This definition does not include septic tanks or similar devices((, but may include persons or vehicles that service septic systems and centralized septage facilities that are designated as a treatment works treating domestic sewage or are applicable under this definition)) or temporary, small-scale storage as defined in this section.

     "Unstabilized solids" are organic materials in biosolids that have not been treated in either an aerobic or anaerobic treatment process.

     "Vector attraction" is the primarily odorous characteristic of biosolids that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

     "Volatile solids" is the amount of the total solids in biosolids that are lost when the biosolids are combusted at 550°C (1,022°F) in the presence of excess air.

     "Waters of the state" means waters of the state as defined in RCW 90.48.020.

     "Wetlands" means those areas that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-080, filed 2/18/98, effective 3/21/98.]

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-090, filed 2/18/98, effective 3/21/98.]

     (2) Spill prevention/response plan. You must submit a spill prevention/response plan to the department with your permit application or at a later date, if agreed, which describes how you will attempt to prevent and how you will respond to any spillage of your biosolids or sewage sludge during transportation. The plan must include a list of contact names and numbers, an explanation of how and when they should be contacted, what their role is, and how the spill would be cleaned up. For those who contract for the transportation of their biosolids or sewage sludge, submittal of your contractor's plan is sufficient if the minimal requirements are met.

     (3) The transportation of biosolids is otherwise subject to regulation by the Washington state utilities and transportation commission under Title 81 RCW and WAC 173-308-030(2).

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-100, filed 2/18/98, effective 3/21/98.]

     (2) Any person who applies biosolids to the land must obtain information needed to comply with the requirements of this chapter.

     (3) The person who prepares biosolids must provide the person who applies biosolids to the land with notice and necessary information to comply with the requirements of this chapter, including sufficient information on the concentration and types of nutrients in the biosolids needed to determine an agronomic rate for the crop under management.

     (4) When a person who prepares biosolids provides the biosolids to another person who further prepares the biosolids, the person who provides the biosolids must provide the person who receives the biosolids notice and necessary information to comply with the requirements of this chapter.

     (5) The person who applies bulk biosolids to the land must provide the owner or lease holder of the land on which the bulk biosolids are applied notice and necessary information to comply with the requirements of this chapter.

     (6) The person who applies bulk biosolids to the land must obtain written approval of the landowner prior to applying biosolids to the land for the first time, when the bulk biosolids do not meet the criteria to be classified as exceptional quality.

     (7) All persons required to keep and maintain records under any provision of this chapter must provide access to those records during normal business hours to a representative of the department, a local health ((department)) jurisdiction, or the United States EPA, and to the owner, lessor, lessee or other person with a legal management interest in the land on which the biosolids are applied, at the location where the records are kept.

     (8) Any facility, including a beneficial use facility, must immediately notify all sources from which it receives biosolids, if at any time it becomes unsuitable for the purpose of receiving biosolids from those other sources.

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-120, filed 2/18/98, effective 3/21/98.]

     (2) The department will impose any additional or more stringent requirements under WAC 173-308-130 in a permit issued to the applicable facility.)) When bulk biosolids or sewage sludge or biosolids in a bag or other container originating from treatment works located on tribal lands, in other states, or in other nations are exported into the state, the requirements of this section must be met.

     (1) Bulk biosolids or sewage sludge from a treatment works seeking its own management program within the state must meet the following requirements:

     (a) The exporting facility must apply for a permit in accordance with the requirements in WAC 173-308-310 prior to exporting biosolids or sewage sludge into the state.

     (b) The exporting facility must pay a fee as determined by the criteria specified in WAC 173-308-320.

     (2) Bulk biosolids or sewage sludge from a treatment works seeking to transfer its biosolids or sewage sludge to a facility within the state for management or further treatment must meet the following requirements:

     (a) The exporting facility must receive written approval from the department prior to exporting biosolids or sewage sludge for the first time.

     (b) There must be no sustainable objection to the approval required in (a) of this subsection from the EPA or the local health jurisdiction(s) in the county(s) where the material will be received.

     (c) The biosolids or sewage sludge must be exported to a facility with a current permit issued by the department that allows it to accept biosolids or sewage sludge from other facilities.

     (d) The receiving facility must maintain any applicable records and certification statements required in WAC 173-308-290 on the biosolids or sewage sludge from the exporting facility and provide such records to the department upon request and in its annual biosolids report.

     (e) The exporting facility must pay a fee as determined by the criteria specified in WAC 173-308-320.

     (3) Biosolids in a bag or other container must meet the following requirements:

     (a) The exporting facility must receive written approval from the department prior to exporting biosolids for the first time.

     (b) The biosolids must meet the criteria to be classified as exceptional quality.

     (4) The exporting facility must be in compliance with any other federal, state, provincial, or local biosolids or sewage sludge laws, regulations, and ordinances.

     (5) All other applicable requirements of this chapter must be met.

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-130, filed 2/18/98, effective 3/21/98.]

     (2) Analysis methods.

     (a) The publications listed in this subsection are incorporated by reference ((in this chapter. Methods in the publications listed below must be used to analyze samples of biosolids unless other methods are approved in writing by the department)). These publications are available for review during normal working hours at the Washington State Department of Ecology headquarters located at 300 Desmond Drive in Olympia, Washington.

     (((a) For enteric viruses use ASTM Designation: D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater Sludges," 1992 Annual Book of ASTM Standards: Section 11-Water and Environmental Technology, ASTM, 1916 Race Street, Philadelphia, PA 19103-1187.

     (b) For fecal coliform use part 9221 E. or part 9222 D., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005.

     (c) For helminth ova use Yanko, W.A., "Occurrence of Pathogens in Distribution and Marketing Municipal Sludges," EPA 600/1-87-014, 1987. National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161 (PB 88-154273/AS).

     (d) For inorganic pollutants use, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, Second Edition (1982) with Updates I (April 1984) and II (April 1985) and Third Edition (November 1986) with Revision I (December 1987). Second Edition and Updates I and II are available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161 (PB 87-190-291). Third Edition and Revision I are available from Superintendent of Documents, Government Printing Office, 941 North Capitol Street NE, Washington, DC 20002 (Document Number 955-001-00000-1).

     For the analysis of nitrogen and other nutrients the department may specify additional analytical references that are acceptable.

     (e) For salmonella sp. bacteria use part 9260 D., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005; or Kenner, B.A. and H.P. Clark, "Detection and enumeration of Salmonella and Pseudomonas aeruginosa," Journal of the Water Pollution Control Federation, Vol. 46, no. 9, September 1974, pp. 2163-2171. Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314.

     (f) For specific oxygen uptake rate (SOUR) use part 2710 B., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005.

     (g) For total, fixed, and volatile solids use part 2540 G., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992, American Public Health Association, 1015 15th Street NW, Washington, DC 20005.)) (b) Unless otherwise stipulated by the department, the following methods must be used to analyze samples of biosolids or sewage sludge.

ANALYTICAL METHODS

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-140, filed 2/18/98, effective 3/21/98.]

     (2) The minimum frequency of monitoring ((for)) listed below applies to the pollutants listed in Tables 1, 2, and 3 ((and 4)) of WAC 173-308-160((;)), the pathogen density requirements in WAC 173-308-170((;)), and the vector attraction reduction requirements in WAC 173-308-180((, is prescribed in subsection (3) of this section;)).

MINIMUM FREQUENCY OF MONITORING

     (((2))) (4) Treatment works treating domestic sewage that transfer biosolids or sewage sludge for further treatment to another facility are not required to monitor for pollutant concentrations, pathogen reduction, or vector attraction reduction unless specifically required to do so in a permit issued by the department.

     (5) After the biosolids have been monitored for two years at the frequency in ((subsection (3) of)) this section, the person who prepares the biosolids may request the department to reduce the frequency of monitoring for pollutant concentrations((, and for the pathogen density requirements in WAC 173-308-170 (2)(c)(ii) and (iii))). The frequency of monitoring must not be less than once per year when biosolids are applied to the land.

     (((3) MINIMUM FREQUENCY OF MONITORING

Metric tons (U.S. tons) per 365-day period		Frequency
Greater than zero but less than 290 (320)		once per year
Equal to or greater than 290 (320) but less than 1,500 (1,653)		once per quarter (four times per year)