Effective Date of Rule: Thirty-one days after filing.

     Purpose: This rule establishes requirements for all treatment works treating domestic sewage, including sewage treatment plants and other facilities which generate, treat, or use biosolids pursuant to chapters 70.95J and 70.95 RCW. The rule prescribes permitting processes; addresses septage management requirements; changes the program implementation fee; clarifies previous rule interpretations and program policy; and corrects some inconsistencies between the biosolids rule and the biosolids general permit.

     Citation of Existing Rules Affected by this Order: Amending chapter 173-308 WAC, Biosolids management.

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

      Adopted under notice filed as WSR 07-03-099 on January 19, 2007.

     Changes Other than Editing from Proposed to Adopted Version: Based on public comments, ecology made some changes to the rule language. These changes include: Clarifying the requirements for the mixing of grease trap wastes and other commercial/industrial septage with domestic septage; clarifying the requirements for the removal of manufactured inerts and allowable concentrations of manufactured inerts in land applied biosolids; and eliminating the requirement for a management plan for the storage of biosolids that does not meet a vector attraction reduction standard. Please see concise explanatory statement for more details.

     A final cost-benefit analysis is available by contacting Cathy Carruthers, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6564, fax (360) 407-6989, e-mail caca461@ecy.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 12, Amended 27, Repealed 4.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: May 24, 2007.

Polly Zehm

for Jay J. Manning

Director

OTS-9475.6

NEW SECTION
WAC 173-308-005   Explanation for the use of the terms "sewage sludge," "biosolids," and "septage."   (1) Sewage sludge is the solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. 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.

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     (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 in facilities other than municipal solid waste landfills (e.g., the placement of sewage sludge at a surface disposal site).

     (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 when such a facility combines their industrial wastewater with their 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 ground water used for drinking water.

     (g) Commercial or industrial septage or a mixture of domestic septage and commercial or industrial septage except as allowed in accordance with this subsection.

     (i) Grease trap wastes from restaurants and similar food service facilities may be mixed with domestic septage up to twenty-five percent by volume.

     (ii) On a case-by-case basis, on request of a septage management facility or at the department's discretion, the department may designate other commercial or industrial septage as septage that is "domestic in quality" and require the septage to be managed in accordance with the provisions of this chapter.

     (iii) At no time may the combined total of grease trap wastes and other commercial or industrial septage mixed with domestic septage exceed twenty-five percent by volume.

[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.]

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     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 targeted vegetation, 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, and at least one of the Class A pathogen reduction requirements in ((one of)) WAC 173-308-170 (((2)(a) through (f))), and at least 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)) management of biosolids ((to the land or the disposal of biosolids in a municipal solid waste landfill)) or sewage sludge.

     "Industrial septage" or "commercial septage" is the contents from septic tanks or similar systems that receive wastewater generated in a commercial or industrial process. This definition includes, but is not limited to, grease trap wastes generated at restaurants and similar food service facilities.

     "Industrial wastewater" or "commercial 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 individual permits, general permits, and coverage under 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.

     "Regional administrator" means the Regional Administrator of Region 10 of the Environmental Protection Agency or his/her authorized representative.

     "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 may also include commercial or industrial septage mixed with domestic septage if approved in accordance with the provisions in WAC 173-308-020 (3)(g).

     "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" means to remove recognizable debris from biosolids by means such as screening, or to reduce the number of recognizable items in biosolids by means such as grinding, 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 or in surface impoundments or other containment devices 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 that has been permitted in accordance with the provisions of WAC 173-308-310)) facilities and septage management facilities as defined in this section, 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.]

     (1) Any person who transports biosolids or sewage sludge must ensure that the transportation vehicle is properly cleaned prior to use of the vehicle for the transportation of food crops, feed crops, or fiber crops.

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

     (3) The transportation of biosolids or sewage sludge 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 nonexceptional quality 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 and receive final coverage under a general permit or receive an individual permit 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 requirements in WAC 173-308-260.

     (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)) Analytical methods.

     (a) The most current version of 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. Copies may be obtained from the standard producer or publisher.

     (((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 (or methods in 40 CFR Part 136 or 40 CFR Part 503) 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 person who prepares biosolids is responsible for ensuring that monitoring is carried out in accordance with the requirements of this chapter and any applicable permit.

     (3) 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

     (((1) The frequency of monitoring required by this section is based on the dry weight tonnage of bulk biosolids applied to the land per three hundred sixty-five-day period, or the dry weight tonnage of biosolids received per three hundred sixty-five-day period by a person who prepares biosolids that are sold or given away for application to the land.

     (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)
Equal to or greater than 1,500 (1,653) but less than 15,000 (16,535)		once per 60 days (six times per year)
Equal to or greater than 15,000 (16,535)		once per month (12 times per year)))

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-150, filed 2/18/98, effective 3/21/98.]

     (1) Table 1. Table 1 of this section sets the maximum allowable concentration (ceiling limit) of pollutants in biosolids that are applied to the land. ((Municipal)) Sewage sludge that contains any pollutant listed in Table 1 of this section at a concentration greater than the allowable ceiling limit is not biosolids, is a solid waste, and may not be applied to the land.

     (2) Table 2. Table 2 of this section sets the maximum quantities of pollutants that may be added to an area of land, also referred to as the cumulative pollutant loading rate. The cumulative pollutant loading rates in Table 2 apply when the concentration of any pollutant in biosolids that are applied to the land exceeds the allowable pollutant concentration limit in Table 3 of this section.

     (a) A person may not apply bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section to a land application site, if any of those rates have been reached on the site.

     (b) Before bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section are applied to the land, the person who proposes to apply the bulk biosolids must contact the local health ((department)) jurisdiction and the department to determine whether bulk biosolids subject to the cumulative pollutant loading rates were applied to the site before the effective date of this chapter.

     (i) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site since that date is known, in addition to any amount subtracted in (b)(iii) of this subsection, the amount previously applied must be subtracted from the cumulative pollutant loading rate for each pollutant, to determine the remaining amount of pollutant that may be applied to the site.

     (ii) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is not known, additional biosolids subject to the cumulative pollutant loading rates in Table 2 of this section may not be applied to the site.

     (iii) If bulk biosolids were applied to the site prior to July 20, 1993, and the cumulative amount of each pollutant applied to the site prior to that date can be determined, in addition to any amount subtracted in (b)(i) of this subsection, the amount applied must be subtracted from the cumulative pollutant loading rate for each pollutant, to determine the remaining amount of pollutant that may be applied to the site.

     (iv) If bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of this section have not been applied to the site, the cumulative amount of each pollutant listed in Table 2 of this section may be applied to the site.

     (v) Any person who applies bulk biosolids to the land, which are subject to the cumulative pollutant loading rates in Table 2 of this section, must provide written notice prior to the initial application of bulk biosolids to the land. Notice must be submitted to the department, and to any local health ((department)) jurisdiction in whose jurisdiction the biosolids will be applied. The department and the local health ((department)) jurisdiction must retain and provide access to the notice. The notice must include the following:

     (A) The location of each site, either by street address ((if applicable, a copy of the assessor's plat)), the latitude and longitude of the approximate center, or the section, township and range of each quarter section, and a 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; and)).

     (B) The name, address, telephone number, and National Pollutant Discharge Elimination System (NPDES) or state waste discharge permit number and state biosolids permit number (if applicable) of the person who prepared the biosolids and also of the person who applies (if applicable) the bulk biosolids.

     (3) Table 3. Table 3 of this section sets a lower pollutant concentration threshold which, when achieved, relieves the person who prepares biosolids and the person who applies biosolids, from certain requirements related to recordkeeping, reporting, and labeling.

     (((4) Table 4 of this section sets annual pollutant loading rates used to derive an annual whole biosolids application rate. Table 4 is applicable only when biosolids that are sold or given away in a bag or other container for application to the land exceed any of the pollutant concentration limits in Table 3 of this section. The person who prepares the biosolids must provide information on compliance with this requirement on a label or information sheet as required under WAC 173-308-260 (1)(b)(ii) and (4)(b).))

TABLE 1 - CEILING CONCENTRATION LIMITS

TABLE 2 - CUMULATIVE POLLUTANT LOADING RATES

TABLE 3 - POLLUTANT CONCENTRATION LIMITS

[Statutory Authority: RCW 70.95J.020 and 70.95.255. 98-05-101 (Order 97-30), § 173-308-160, filed 2/18/98, effective 3/21/98.]

     (((a) The requirements in subsection (2)(a)(i) and (ii), or (b)(i) and (ii), or (c)(i), (ii), and (iii), or (d)(i), (ii) and (iii), or (e)(i) and (ii), or (f)(i) and (ii) of this section must be met for biosolids to be Class A for pathogens.

     (b) The Class A pathogen requirements must be met at the same time or before the vector attraction reduction requirements in WAC 173-308-180 (2), (3), or (4).

     (c) The requirements in subsection (3)(a), (b), or (c) of this section must be met for biosolids to be Class B for pathogens.

     (2) Biosolids - Class A.

     (a) Class A - Alternative 1.

     (i))) The Class A pathogen reduction requirements must be met at the same time or before the vector attraction reduction requirements in WAC 173-308-180 (1), (2), or (3).

     (1) Class A - Alternative 1: Time and Temperature.

     (a) Fecal coliform or Salmonella sp. bacteria density. The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total solids (dry weight basis)((,)) or the density of Salmonella sp. bacteria in the biosolids must be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are used((;)), at the time the biosolids are prepared for sale or give away in a bag or other container for application to the land((;)), or at the time the biosolids or material derived from biosolids ((are)) is prepared to meet the requirements for exemption in WAC 173-308-200((;)), and

     (((ii) The time and temperature requirements in (a)(ii)(A), (B), (C), or (D))) one of the requirements in (b) through (e) of this subsection must be met.

     (((A))) (b) When the percent solids of the biosolids is seven percent or higher, the temperature of the biosolids must be 50°C (122°F) or higher((;)), the time period must be twenty minutes or longer((;)), and the temperature and time period must be determined using equation (1), except when small particles of biosolids are heated by either warmed gases or an immiscible liquid((;)).

		((D	=	131,700,000	Equation (1)
				100.1400t))
				Equation (1)
		D	=	131,700,000
				100.1400t
Where((,)):
	D = time in days((.))
	t = temperature in degrees Celsius((.

     (B))) (c) When the percent solids of the biosolids is seven percent or higher and small particles of biosolids are heated by either warmed gases or an immiscible liquid, the temperature of the biosolids must be 50°C (122°F) or higher((;)), the time period must be fifteen seconds or longer((;)), and the temperature and time period must be determined using equation (1)((;)).

     (((C))) (d) When the percent solids of the biosolids is less than seven percent and the time period is at least fifteen seconds, but less than thirty minutes, the temperature and time period must be determined using equation (1)((;)).

     (((D))) (e) When the percent solids of the biosolids is less than seven percent((;)), the temperature of the biosolids is 50°C (122°F) or higher((;)), and the time period is thirty minutes or longer, the temperature and time period must be determined using equation (2).

		((D	=	50,070,000	Equation (2)
				10(0.1400t)))
				Equation (2)
		D	=	50,070,000
				100.1400t
Where((,)):
	D = time in days((.))
	t = temperature in degrees Celsius((.

     (b))) (2) Class A - Alternative 2: pH, Time, Temperature, and Percent Solids.

     (((i))) (a) Fecal coliform or Salmonella sp. bacteria density. The density of fecal coliform in the biosolids must be less than 1000 Most Probable Number per gram of total solids (dry weight basis)((,)) or the density of Salmonella sp. bacteria in the biosolids must be less th