Current through all regulations passed and filed through December 16, 2024
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules and federal statutory provisions referenced in this
rule, see rule
3745-40-01 of the Administrative
Code.]
(A)
General requirements.
(1)
Any biosolids
distributed for beneficial use (e.g.for landscaping or gardening) shall be
exceptional quality biosolids, as defined in rule
3745-40-04 of the Administrative
Code.
(2)
Except as provided in paragraphs (A)(3) and (A)(7) of
this rule, class B or bulk exceptional quality biosolids shall be beneficially
used at the calculated agronomic rate at a beneficial use site. The agronomic
rate shall be calculated prior to beneficial use and be the most limiting
factor derived from the following:
(a)
For soils with soil phosphorus test results less than
or equal to forty parts per million Bray-Kurtz P1 extraction or fifty-eight
parts per million Mehlich III extraction, the most limiting factor of the
following:
(i)
The nitrogen agronomic rate.
(ii)
A phosphate
beneficial use rate of two hundred fifty pounds per acre or
less.
(iii)
A phosphate beneficial use rate between two hundred
fifty pounds per acre and five hundred pounds per acre if both of the following
criteria are met:
(a)
No additional phosphate application shall be made at
the beneficial use site for a minimum of three calendar years.
(b)
All biosolids are
injected or are incorporated within twenty-four hours of beneficial
use.
(b)
For soils with soil phosphorus test results greater
than forty parts per million Bray-Kurtz P1 extraction or fifty-eight parts per
million Mehlich III extraction and less than or equal to one hundred parts per
million Bray-Kurtz P1 extraction or one hundred thirty parts per million
Mehlich III extraction, the most limiting factor of the following:
(i)
The nitrogen
agronomic rate.
(ii)
A multi-year phosphate agronomic
rate.
(c)
For soils with soil phosphorus test results greater
than one hundred parts per million Bray-Kurtz P1 extraction or one hundred
thirty parts per million Mehlich III extraction, beneficial use shall be
completed in accordance with the phosphorus index.
(3)
For all
beneficial use sites, beneficial use of class B or bulk exceptional quality
biosolids may be completed in accordance with the phosphorus index.
(4)
Except
as provided in paragraph (A)(2)(a)(iii) of this rule, the phosphate agronomic
rate shall be limited to two hundred fifty pounds per acre.
(5)
For all
beneficial use sites, the agronomic rate calculations shall include all sources
of nitrogen and phosphate such as commercial fertilizer or manure in addition
to class B or bulk exceptional quality biosolids.
(6)
Special
requirement regarding liquid class B or liquid bulk exceptional quality
biosolids. The beneficial use of liquid class B or bulk exceptional quality
biosolids shall be at or below the agronomic rate for the reasonably expected
yield goal of planned crops or crop rotation, or at or below the available
water capacity of the upper eight inches of soil, whichever is less at the time
of beneficial use.
(7)
Special requirement regarding land reclamation sites.
The agronomic rate may be exceeded during land reclamation projects using
biosolids provided the beneficial use is in accordance with paragraph (B) of
rule 3745-40-03 of the Administrative
Code.
(B)
Prohibitions and restrictions.
(1)
Pollutant ceiling
concentrations. No person shall beneficially use biosolids if the concentration
of any pollutant in the biosolids exceeds the ceiling concentration limits for
the pollutants established in rule
3745-40-04 of the Administrative
Code.
(2)
Frozen or snow covered ground. No person shall
beneficially use class B or bulk exceptional quality biosolids on frozen or
snow-covered ground.
[Comment: If biosolids can be injected
or incorporated, then the beneficial use site is not frozen.]
(3)
Saturated soil. No person shall beneficially use class B or
bulk exceptional quality biosolids on the surface of a beneficial use site when
the top two inches of soil are saturated.
(4)
Precipitation
prohibitions and restrictions for hydrologic soil groups A, B, and C.
[Comment: Information on Ohio
hydrologic soil groups can be found on the United States department of
agriculture, natural resources conservation services web site at the following
link:www.oh.nrcs.usda.gov/technical/soils/.]
(a)
Except as provided in paragraph (B)(4)(b) of this rule,
no person shall beneficially use class B or bulk exceptional quality biosolids
during a precipitation event, or when the forecast indicates that there is at
least a fifty per cent chance that 0.5 inches of rain will occur within
twenty-four hours after beneficial use. The forecast consulted shall be for the
municipality nearest where the beneficial use site is located and shall be
printed out or otherwise recorded and kept on file for each beneficial use
event.
[Comment: Information on hourly
forecasts may be located at the national oceanic and atmospheric
administration's website:www.weather.govby
entering a zip code or city, state in the box where indicated, selecting "Go"
and selecting the "Hourly Weather Forecast" under "More
Information."]
(b)
Class B or bulk exceptional quality biosolids may be
beneficially used when the forecast indicates that there is at least a fifty
per cent chance that 0.5 inches of rain will occur within twenty-four hours
after beneficial use if either of the following occur:
(i)
The biosolids are
injected.
(ii)
The biosolids are immediately incorporated and the
forecast does not indicate that there is at least a fifty per cent chance that
0.5 inches of rain will occur within six hours after beneficial
use.
(5)
Precipitation prohibitions and restrictions for
hydrologic soil group D soils.
(a)
Except as provided in paragraphs (B)(5)(b) to
(B)(5)(b)(ii) of this rule, no person shall beneficially use class B or bulk
exceptional quality biosolids during a precipitation event or when the forecast
indicates that there is at least a fifty per cent chance that 0.25 inches of
rain will occur within twenty-four hours after beneficial use. The forecast
consulted shall be for the municipality nearest where the beneficial use site
is located and shall be printed out or otherwise recorded and kept on file for
each beneficial use event.
[Comment: Information on hourly
forecasts may be located at the national oceanic and atmospheric
administration's website:www.weather.govby
entering a zip code or city, state in the box where indicated, selecting "Go"
and selecting the "Hourly Weather Forecast" under "More
Information."]
(b)
Class B or bulk exceptional quality biosolids may be
beneficially used when the forecast indicates that there is at least a fifty
per cent chance that 0.25 inches of rain will occur within twenty-four hours
after beneficial use for any hydrologic soil group (HSG) D soils if any of the
following occur:
(i)
The biosolids are injected.
(ii)
The biosolids
are immediately incorporated and the forecast does not indicate that there is
at least a fifty per cent chance that 0.25 inches of rain will occur within six
hours after beneficial use.
(6)
No person shall
beneficially use class B or bulk exceptional quality biosolids if such
beneficial use is likely to adversely affect a threatened or endangered species
listed under section four of the Endangered Species Act or pursuant to section
1531.25 of the Revised Code or
the species' designated critical habitat.
(C)
Isolation
distance requirements.
(1)
Except as provided in paragraph (C)(2) of this rule, no
person shall beneficially use class B or bulk exceptional quality biosolids
within the following isolation distances listed in table C-1 of this
rule.
Table C-1: Isolation distance
requirements
Surface application isolation
distance requirements (feet)
|
Injected or immediately
incorporated isolation distance requirements (feet)
|
Applicable biosolids
classification
|
Bedrock
|
3
|
3
|
Class B or bulk exceptional
quality
|
Surface waters of the
state
|
33
|
33
|
Class B or bulk exceptional
quality
|
Sinkhole or UIC class V
drainage
|
300 without a grass buffer; 100
with a grass buffer
|
300 without a grass buffer; 100
with a grass buffer
|
Class B or bulk exceptional
quality
|
Occupied structure or
school
|
300
|
100
|
Class B
|
Private potable water
source
|
300
|
100
|
Class B
|
Medical care
facility
|
1000
|
300
|
Class B
|
[Comment: For more information on
sinkholes and different classes of UIC injection wells, see Chapter 3745-34 of
the Administrative Code.]
(2)
No person shall
beneficially use class B biosolids in any of the following areas:
(a)
Within the
sanitary isolation distance a public water system shall maintain for a drinking
water supply well, as established in rule
3745-9-04 of the Administrative
Code.
(b)
Within an emergency management zone for a public water
system using surface water. Where no emergency management zone has been
delineated or endorsed by the Ohio environmental protection agency, the
isolation distance shall consist of a circle with a radius of one thousand five
hundred feet from the intake.
(c)
Within the
following areas, as defined in table C-2 of this rule:
Table C-2
Type of public water
system
|
Isolation distance
|
Community or non-transient,
non-community public water system
|
The inner management zone; if
the drinking water source protection area is underlain by karst or fractured
bedrock and has been determined to be highly susceptible to contamination, the
setback shall be extended to include the entire drinking water source
protection area
|
Transient, non-community public
water system
|
Three hundred feet from a
drinking water supply well
|
(3)
The director or
an authorized representative may allow a reduction in isolation distance for
those occupied structures that are located adjacent to an authorized beneficial
use site, provided such a request is made from both the structure owner and, if
applicable, the resident of the occupied structure. A request for an isolation
distance reduction shall be made on forms approved by the
director.
(D)
Site specific requirements. Any person who beneficially
uses class B or bulk exceptional quality biosolids shall meet the following
site specific requirements, as applicable:
(1)
Beneficial use
sites that are frequently flooded. No person shall beneficially use class B or
bulk exceptional quality biosolids at a beneficial use site that is frequently
flooded, as defined in rule
3745-40-01 of the Administrative
Code, so that the class B or bulk exceptional quality biosolids enter surface
waters of the state, except as provided in an NPDES permit issued under Chapter
6111. of the Revised Code. Beneficial use of class B or bulk exceptional
quality biosolids at a beneficial use site shall be limited to same day
incorporation or injection on areas of beneficial use sites that are frequently
flooded during periods when flooding is expected.
(2)
Ground slope and
ground cover. No person shall beneficially use class B or bulk exceptional
quality biosolids at food crop, feed crop, fiber crop, or cover crop land over
fifteen per cent slope or at pasture land or vegetation land over twenty per
cent slope unless one of the following activities is performed:
(a)
Same day
incorporation or injection with operations done on the contour.
(b)
The field is
established and managed in contour strips with alternate strips in cover crop,
pasture, or vegetation.
(3)
Soil monitoring
requirements. If soil monitoring results for either soil phosphorus or soil pH
are more than three years old, the soil shall be retested prior to the class B
or bulk exceptional quality biosolids being delivered to a beneficial use site
for beneficial use. Composite soil samples shall be taken for both of the
following:
(a)
Soil phosphorus. Prior to the beneficial use of class B or
bulk exceptional quality biosolids, the soil phosphorus level shall be
monitored utilizing either the Bray-Kurtz P1 extraction or Mehlich III
extraction method.
(b)
Soil pH. Minimum soil pH for the beneficial use of
class B biosolids shall be 5.5. If the soil pH at a beneficial use site is less
than 5.5, sufficient liming material shall be added such that the class B
biosolids and soil mixture pH is calculated to reach 5.5 or
greater.
(4)
Soil sampling collection procedure. If soil samples are
required by paragraph (D)(3) of this rule, the samples shall be taken in
accordance with the following requirements:
(a)
A composite
sample shall represent fifteen to twenty acres of area that is uniform in soil
series, slope, drainage, erosion, and nutrient application (including
biosolids).
(b)
Soil grab samples shall be taken seventy-five to one
hundred feet apart with a minimum of fifteen grab samples in a composite
sample.
(c)
Soil grab samples shall be taken to a plow depth, or
within the top eight inches of soil.
(d)
Low spots or
other unusual areas such as biosolids or liming material stockpiling areas, and
fertilizer spills shall not be included in composite samples and shall be
sampled separately.
(e)
For row crops, samples shall be taken between
rows.
(f)
For establishing grass pasture crops, samples shall be
collected to the rooting zone (three to four inches).
(g)
All grab samples
shall be broken up and mixed thoroughly before the sample is
composited.
(h)
Soil samples collected to analyze for soil phosphorus
shall be collected prior to spring planting.
[Comment: Further information regarding
sampling procedures and test methodology may be found in Ohio state
university's factsheet AGF-513 at:https://ohioline.osu.edu/factsheet/AGF-513.]
(5)
Beneficial use
sites with subsurface tile drainage.
(a)
For beneficial use sites with subsurface tile drainage,
all field outlets shall be visually monitored before, during and after
beneficial use of liquid class B or liquid bulk exceptional quality biosolids
at the beneficial use site and the results of that monitoring shall be
recorded. Daily visual monitoring shall continue until biosolids are
assimilated into the beneficial use site and are no longer likely to discharge
to waters of the state. Methods or devices to stop or capture subsurface drain
flow shall be accessible. If liquid class B or liquid bulk exceptional quality
biosolids reach the subsurface drain outlet to surface waters of the state, the
beneficial use of liquid biosolids shall cease and the flow shall be stopped or
captured. Use of drain outlet plugs or other devices shall be recorded.
(b)
For
beneficial use of liquid class B or liquid bulk exceptional quality biosolids
at beneficial use sites with subsurface tile drainage, all of the following
criteria shall be followed:
(i)
Beneficial use rates shall be less than or equal to 0.5
inches or thirteen thousand gallons per acre per beneficial use
event.
(ii)
A tool shall be used that can disrupt or close the
preferential flow paths in the soil using horizontal fracturing, or the surface
of the soil shall be tilled three to five inches deep to a seedbed condition to
soak up the liquid class B or liquid bulk exceptional quality biosolids and
keep it out of preferential flow channels.
(iii)
If injection is
used, liquid class B or liquid bulk exceptional quality biosolids shall only be
injected deep enough to cover the biosolids with soil. The soil shall be tilled
at least three inches below the depth of injection prior to or at the time of
beneficial use.
(iv)
For beneficial use sites where tillage is not an
option, all tile outlets from the beneficial use site are to be plugged and all
tile stops are to be closed prior to or at the same time as beneficial
use.
(c)
A standard operating procedure shall be developed by
the beneficial user or permittee for beneficial use sites with tile drainage to
address paragraphs (D)(4)(a) and (D)(4)(b) of this rule.
(E)
Additional site restrictions for the beneficial use of
class B biosolids:
(1)
Food crops with harvested parts that touch the
biosolids or soil mixture and are on the surface of the authorized beneficial
use site shall not be harvested for fourteen months after the beneficial use of
class B biosolids.
(2)
Food crops with harvested parts below the surface of
the authorized beneficial use site shall not be harvested for twenty months
after the beneficial use of class B biosolids when the biosolids remained on
the surface of the authorized beneficial use site for four months or longer
prior to incorporation into the soil.
(3)
Food crops with
harvested parts below the surface of the authorized beneficial use site shall
not be harvested for thirty-eight months after the beneficial use of class B
biosolids when the class B biosolids remained on the surface of the authorized
beneficial use site for less than four months prior to incorporation into the
soil.
(4)
All other food crops, feed crops, and fiber crops shall
not be harvested for thirty days after the beneficial use of class B
biosolids.
(5)
Animals shall not be allowed to graze on the authorized
beneficial use site for thirty days after the beneficial use of class B
biosolids.
(6)
Turf or other vegetation grown for landscaping purposes
that is grown on an authorized beneficial use site where class B biosolids are
beneficially used shall not be harvested for one year after the beneficial use
of class B biosolids when the harvested turf or other vegetation is placed on
either land with a high potential for public exposure or a lawn, unless
otherwise specified by the director.
(7)
Public access to
a high potential public exposure site shall be restricted for one year after
the beneficial use of class B biosolids.
(8)
Public access to
a low potential public exposure site shall be restricted for thirty days after
the beneficial use of class B biosolids.
(9)
The mixing of
class B biosolids from different treatment works at an authorized beneficial
use site is prohibited, unless in accordance with paragraph (C) of rule
3745-40-06 of the Administrative
Code.
(10)
Drag hoses and mobile storage tanks shall not be
utilized at authorized beneficial use sites until a standard operating
procedure has been developed under paragraph (C) of rule
3745-40-09 of the Administrative
Code and a permit to install, if applicable, is obtained.
Replaces: 3745-40-08