Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-15 - Biosolids Management
Section 0400-40-15-.01 - GENERAL PROVISIONS [40 CFR 503 SUBPART A]
Current through September 24, 2024
(1) Purpose and Applicability [40 CFR 503.1]
These rules apply to any person who applies biosolids to the land, to biosolids applied to the land, and to land where biosolids are applied; provided, however that EQ biosolids are exempt from all requirements of these rules, other than the requirement that the facility that prepares EQ biosolids document in its annual report the information contained in subparagraph (7)(a) of Rule 0400-40-15-.02 documenting that they meet the criteria for EQ biosolids.
(2) Permits and Direct Enforceability [ 40 CFR 503.3]
(3) Relationship to other regulations [ 40 CFR 503.4]
Disposal of sewage sludge in a solid waste landfill unit, as defined in Rule 0400-11-01-.01(2), that complies with the requirements in Chapter 0400-11-01 constitutes compliance with these rules. Any person who prepares sewage sludge that is disposed of in a solid waste landfill unit shall ensure that the sewage sludge meets the requirements in Chapter 0400-11-01 concerning the quality of materials disposed of in a solid waste landfill unit.
(4) Additional or more stringent requirements [40 CFR 503.5]
On a case-by-case basis, the Director may impose requirements for the application of biosolids in addition to or more stringent than the requirements in these rules when necessary to protect public health or the environment from any reasonably anticipated adverse effect that may occur due to any characteristic of the biosolids or the site.
(5) Exclusions [ 40 CFR 503.6]
(6) Requirement for a person who prepares biosolids [40 CFR 503.7]
Any person who prepares biosolids shall ensure that the applicable requirements in these rules are met when the biosolids are applied to the land and that biosolids that do not meet the requirements of these rules are not applied to the land.
(7) Sampling and analysis [ 40 CFR 503.8]
(8) General definitions. [ 40 CFR 503.9] The following definitions apply to the use of the terms in these rules.
The "Agronomic rate" is the lesser of the whole biosolids application rate (dry weight basis) designed in accordance with subparagraph (4)(d) of Rule 0400-40-15-.02:
"Annual contaminant loading rate" is the maximum amount of a contaminant that can be applied to a unit area of land during any calendar year. The units may be in terms of "pounds per acre," "kilograms per hectare," etc. (i.e., weight per unit area )
"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 any calendar year.
"Active sinkhole" is one with fresh exposure, sloughing of soil into the sinkhole throat, wilted or leaning vegetation around the sinkhole, or an open surface hole measuring three feet deep or deeper.
"Agricultural land" is land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture.
"Apply biosolids" or "biosolids applied to the land" means land application of biosolids.
"Base flood" is a flood that has a one percent chance of occurring in any given year (i.e., a flood with a magnitude equaled once in 100 years).
"Beneficial use of biosolids" means the application of biosolids to the land for the purposes of improving soil characteristics including tilth, fertility, and stability to enhance the growth of vegetation consistent with protecting human health and the environment.
"Biosolids" are treated sewage sludge that have contaminant concentrations less than or equal to the contaminant concentrations listed in Table 1 of subparagraph (3)(b) of Rule 0400-40-15-.02, meet any one of the ten vector attraction reduction options listed in part (4)(b)1, 2, 3, 4, 5, 6, 7, 8, 9, or 10 of Rule 0400-40-15-.04, and meet either one of the six pathogen reduction alternatives for Class A listed in part (3)(a)3, 4, 5, 6, 7, or 8, or one of the three pathogen reduction alternatives for Class B listed in part (3)(b)2, 3, or 4 of Rule 0400-40-15-.04.
"Bulk biosolids" means biosolids that are not sold or given away in a bag or other container for application to the land (i.e., biosolids that are not put in packages, bags, or other containers for sale but are sold, given away, applied to the land, or disposed of in larger quantities).
"Ceiling concentration" means the maximum concentration of a contaminant in any biosolids sample, beyond which level the biosolids would be classified as sewage sludge not suitable for application to the land. Ceiling concentrations are established in Table 1 of 0400-40-15-.02(3)(b).
"Commissioner" means the Commissioner of the Tennessee Department of Environment and Conservation.
"Composting" means the biological degradation of organic 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.
"Contaminant" means an organic substance, an inorganic substance, or a combination of organic and inorganic substances 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, based upon information available to the Commissioner, 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, depending upon the concentration.
"Contaminant limit" is a numerical value that describes the amount of a contaminant allowed per unit amount of biosolids (e.g., milligrams per kilogram of total solids); the amount of a contaminant that can be applied to a unit area of land (e.g., kilograms per hectare); or the volume of a material that can be applied to a unit area of land (e.g., gallons per acre).
"Cover crop" is a quick growing crop planted between periods of regular crop production to prevent soil erosion and provide humus or nitrogen.
"Cumulative contaminant loading rate" is the maximum amount of a contaminant that can be applied to an area of land from biosolids that exceed the contaminant concentration limits established in Table 3 of 0400-40-15-.02(3)(b).
"CWA" means the Clean Water Act (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.
"Department" means the Department of Environment and Conservation for the State of Tennessee.
"Director" means the director of the Division of Water Resources or his or her authorized representative.
"Division" means the Division of Water Resources.
"Domestic septage" is either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater nor does it include grease removed from a grease trap at a restaurant.
"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° Celsius until reaching a constant mass (i.e., essentially 100 percent solids content).
"EPA" means the United States Environmental Protection Agency.
"Exceptional Quality Biosolids" or "EQ biosolids" are biosolids that meet the ceiling concentrations in Table 1 of subparagraph (3)(b) of Rule 0400-40-15-.02 and the contaminant concentrations in Table 3 of subparagraph (3)(b) of Rule 0400-40-15-.02; the Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04; and one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04.
"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, application, or disposal of biosolids.
"Feed crops" are crops produced primarily for consumption by animals.
"Fiber crops" are crops such as flax and cotton.
"Flood plain" is the nearly level plain that borders a stream and is subject to inundation under flood-stage conditions unless protected artificially. It is usually a constructional landform built of sediment deposited during overflow and lateral migration of the stream.
"Food crops" are crops consumed by humans. These include, but are not limited to, fruits, vegetables, 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.
"General permit" means a permit issued by the Division in accordance with the procedures established in this chapter that authorizes the application of biosolids to the land 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" is water below the land surface in the saturated zone.
"Individual permit" means a permit issued by the Division to a single treatment works treating domestic sewage in accordance with this chapter, which authorizes the management of biosolids.
"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.
"Material derived from biosolids" means biosolids to which any substance has been added.
"Material derived from sewage sludge" is sewage sludge to which any substance has been added.
"Monthly average" is the arithmetic mean of all measurements taken during the month.
"Municipality" means a city, town, borough, county, parish, district, association, or other public body (including an intermunicipal 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 CWA, 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 CWA, as amended, that has as one of its principal responsibilities the treatment, transport, use, application, or disposal of biosolids and sewage sludge.
"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 1 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.
"Pasture" is land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover.
"Permit" means an authorization, license, or equivalent control document issued by the Division 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.
"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" or "POTW" means a treatment works treating domestic sewage that is owned by a municipality, public utility, the State of Tennessee, 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.
"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.
"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.
"Runoff" is rainwater, leachate, or other liquid that drains overland on any part of a land surface and runs off of the land surface.
"Sewage sludge" is solid, semi-solid, 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.
"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.
"State" is the State of Tennessee
"State Biosolids Coordinator" is the person designated by the Commissioner to be responsible for the State of Tennessee's biosolids program.
"Stover" is the non-grain, 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.
"Tank" means a stationary device designed to contain an accumulation of liquid or semisolid materials and which is constructed primarily of non-earthen materials to provide structural support.
"Toxicity characteristic leaching procedure (TCLP)" is the test method, Method 1311 (1992 or latest version) of Test Methods for Evaluating Solid Wastes (EPA Publication SW-846), Volume IC: Laboratory Manual, Physical/Chemical Methods), used to determine the mobility of both organic and inorganic contaminants present in liquid, solid, and multiphasic wastes.
"Treat" or "treatment of sewage sludge or biosolids" is the preparation of sewage sludge or biosolids for final land application. This includes, but is not limited to, thickening, stabilization, and dewatering of sewage sludge or biosolids. This does not include storage of either sewage sludge or 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, sewage sludge, or biosolids, including land dedicated for the disposal of sewage sludge or biosolids.
"Waters of the State" are any and all waters, public or private, on or beneath the surface of the ground, that are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface or underground waters.
"Well drained soil" is a soil drainage class characterized by the lack of any evidence of the seasonal high water table in the top 36 inches of the soil profile.
"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.
(9) Rule Structure
These rules are organized, numbered, and referenced according to the following outline form:
(1) paragraph
(a) subparagraph
1. part
(i) subpart
(I) item
I. subitem
A. section
(A) subsection
Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
