Rules & Regulations of the State of Tennessee, Chapter 0400-40-15, Section 0400-40-15-.02 - LAND APPLICATION [40 CFR 503 SUBPART B] | Rules & Regulations of the State of Tennessee

(1) Applicability [40 CFR 503.10]

(a) This rule applies to any person who applies biosolids to the land, to biosolids applied to the land, and to the land on which biosolids are applied.

(b) No person shall apply biosolids to the land except in accordance with the requirements in this chapter.

(2) General requirements [ 40 CFR 503.12]

(a) No person shall apply bulk biosolids subject to the cumulative contaminant loading rates in part (3)(b)2 of this rule to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative contaminant loading rates in part (3)(b)2 of this rule has been reached.

(b) The person who prepares bulk biosolids that are applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk biosolids written notification of the concentration of total nitrogen (including total kjekdahl nitrogen [TKN], ammonia nitrogen, and nitrate-nitrogen) as N on a dry weight basis in the bulk biosolids.

(c)

1. The person who applies biosolids to the land shall obtain information needed to comply with the requirements in this rule.

2.

(i) Before bulk biosolids subject to the cumulative contaminant loading rates in part (3)(b)2 of this rule are applied to the land, the person who proposes to apply the bulk biosolids shall contact EPA Region 4 to determine whether bulk biosolids subject to the cumulative contaminant loading rates in part (3)(b)2 of this rule have been applied to the site since July 20, 1993.

(ii) If bulk biosolids subject to the cumulative contaminant loading rates in part (3)(b)2 of this rule have not been applied to the site since July 20, 1993, the cumulative amount for each contaminant listed in Table 2 of subparagraph (3)(b) of this rule may be applied to the site in accordance with subpart (3)(a)2(i) of this rule.

(iii) If bulk biosolids subject to the cumulative contaminant loading rates in part (3)(b)2 of this rule have been applied to the site since July 20, 1993, and the cumulative amount of each contaminant applied to the site in the bulk biosolids since that date is known, the cumulative amount of each contaminant applied to the site shall be used to determine the additional amount of each contaminant that can be applied to the site in accordance with subpart (3)(a)2(i) of this rule.

(iv) If bulk biosolids subject to the cumulative contaminant loading rates in part (3)(b)2 of this rule have been applied to the site since July 20, 1993, and the cumulative amount of each contaminant applied to the site in the bulk biosolids since that date is not known, an additional amount of each contaminant shall not be applied to the site in accordance with subpart (3)(a)2(i) of this rule.

(d) When a person who prepares bulk biosolids provides the bulk biosolids to a person who applies the bulk biosolids to the land, the person who prepares the bulk biosolids shall provide the person who applies the biosolids notice and necessary information (NANI) to comply with the requirements in this chapter.

(e) When a person who prepares sewage sludge provides the sewage sludge to another person who prepares the sewage sludge, the person who provides the sewage sludge shall provide the person who receives the sewage sludge notice and necessary information (NANI) to comply with the requirements in this chapter.

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

(g) Any person who prepares bulk biosolids that are applied to land in a State other than the State of Tennessee shall provide written notice, prior to the initial application of bulk biosolids to the land application site by the applier, to EPA Region 4. The notice shall include:

1. The location, by either street address or latitude and longitude, of each land application site;

2. The approximate time period bulk biosolids will be applied to the site;

3. The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) for the person who prepares the bulk biosolids; and

4. The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) for the person who will apply the bulk biosolids.

(h) Any person who applies bulk biosolids subject to the cumulative contaminant loading rates in part (3)(b)2 of this rule to the land shall provide written notice, prior to the initial application of bulk biosolids to a land application site by the applier, to EPA Region 4. The notice shall include:

1. The location, by either street address or latitude and longitude, of the land application site; and

2. The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) of the person who will apply the bulk biosolids.

(3) Contaminant limits [ 40 CFR 503.13]

(a) Biosolids.

1. Bulk biosolids or biosolids sold or given away in a bag or other container shall not be applied to the land if the concentration of any contaminant in the biosolids exceeds the ceiling concentration for the contaminant in Table 1 of subparagraph (b) of this paragraph.

2. If bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site, either:

(i) The cumulative loading rate for each contaminant shall not exceed the cumulative contaminant loading rate for the contaminant in Table 2 of subparagraph (b) of this paragraph; or

(ii) The concentration of each contaminant in the biosolids shall not exceed the monthly average concentration for the contaminant in Table 3 of subparagraph (b) of this paragraph.

3. If bulk biosolids are applied to a lawn or a home garden, the concentration of each contaminant in the biosolids shall not exceed the ceiling concentration for the contaminant in Table 1 or the monthly average concentration in Table 3 of subparagraph (b) of this paragraph.

4. If biosolids are sold or given away in a bag or other container for application to the land, the concentration of each contaminant in the biosolids shall not exceed the ceiling concentration for the contaminant in Table 1 or the monthly average concentration in Table 3 of subparagraph (b) of this paragraph.

(b) Biosolids contaminant concentrations and loading rates.

1. Ceiling Concentrations

Table 1 Ceiling Concentrations

Contaminant	Ceiling Concentration (milligrams per kilogram)1,2
Arsenic	75
Cadmium	85
Copper	4300
Lead	840
Mercury	57
Molybdenum	75
Nickel	420
Selenium	100
Zinc	7500

1Dry weight basis

2 These amounts are a maximum level never to be exceeded

2. Cumulative Contaminant Loading Rates.

Table 2 Cumulative Contaminant Loading Rates

Contaminant	Cumulative Contaminant Loading Rate (kilograms per hectare)
Arsenic	41
Cadmium	39
Copper	1500
Lead	300
Mercury	17
Nickel	420
Selenium	100
Zinc	2800

3. Contaminant Concentrations

Table 3 Contaminant Concentrations

Contaminant	Monthly average concentration(milligrams per kilogram)1
Arsenic	41
Cadmium	39
Copper	1500
Lead	300
Mercury	17
Nickel	420
Selenium	100
Zinc	2800

1Dry weight basis

(4) Management practices [ 40 CFR 503.14]

(a) Bulk biosolids shall not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat.

(b) Bulk biosolids shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded, frozen, or snow-covered so that the bulk biosolids enters a wetland or other waters of State of Tennessee, except as provided in a permit issued pursuant to § 402 or 404 of the Clean Water Act.

(c) Bulk biosolids shall not be applied to agricultural land, forest, or a reclamation site unless all of the following setbacks are met:

1. 100 feet or more from surface waters of the State of Tennessee which are positioned down gradient of the application site.

2. 33 feet or more from surface waters of the State of Tennessee which are positioned up gradient for the application site.

3. 100 feet from all wells.

4. 100 feet from all water supply reservoirs.

5. 100 feet from active sinkholes.

(d) Bulk biosolids shall be applied to agricultural land, forest, a public contact site, or a reclamation site at a whole biosolids application rate that is equal to or less than the agronomic rate for the bulk biosolids, unless, in the case of a reclamation site, otherwise specified by EPA Region 4 and the Director. In order for a rate greater than the agronomic rate to be used, EPA Region 4 must approve the rate and that rate or a lesser rate shall be approved by the State Biosolids Coordinator for all land applied biosolids in the State of Tennessee. For the purposes of determining the agronomic rate, the person applying biosolids shall comply with all five of the following parts.

1. Determine crop yields and crop nitrogen (N) requirements based upon a recommendation of the farmer, a written recommendation from the University of Tennessee Extension, historical site yield data, or estimated average yields for the specified crops within the County in which the application site is situated. The average of the actual yields documented from the best three years during a 5-year cycle is typical and is recommended.

2. The following Mineralization Rates shall be used as default values in calculating the agronomic rate:

Unstabilized Primary and Secondary Sewage Sludge	40%
Alkaline Stabilized Sewage Sludge	30%
Aerobically Digested Sewage Sludge	30%
Anaerobically Digested Sewage Sludge	20%
Composted Sewage Sludge	10%

These default values shall be used unless actual mineralization rates have been established with proper documentation and approved by the State Biosolids Coordinator.

3. Crop nitrogen requirements shall follow Table 1 below:

Table 1 - Crop Nitrogen Requirements

CROP	EXPECTED YIELD	NITROGEN REQUIREMENT (lbs N per Acre per Year)
Corn (grain)	100-125 bu/ac	120
	125-150 bu/ac	150
Corn (silage)	20 tons/ac	120-150
Bermuda grass	5-10 tons/ac	200
Soybeans(1)	30 bu/ac	100
	40 bu/ac	150
	50 bu/ac	190
Wheat	40 bu/ac	60
Summer Annual Grass	6 tons (1 cutting)*	60-120
Hybrid Hay	8 tons (4 cuttings)*	400(2)
Tall Fescue Hay	3 tons (2 cuttings)*	120
Orchard Grass Hay	4 tons (2 cuttings)*	60-120
Sorghum (grain)	60 bu/ac	60
Cotton	1 bale/ac	50
	1.5 bales/ac	90
Other (3)	(3)	(3)

*When less than the indicated number of harvests is expected, the total nitrogen rate shall be reduced proportionally.

(1) Soybeans are a legume and can obtain 50% to 60% of their nitrogen needs from atmospheric nitrogen. The acceptable "nitrogen requirement" will vary and shall be approved by the State Biosolids Coordinator.

(2) Highly dependent on field conditions and harvesting schedule.

(3) Any recommendation from the University of Tennessee Extension and/or approved by the State Biosolids Coordinator.

4. Follow procedures for determining plant available nitrogen (PAN) as described in paragraph (12) Appendix .02-A of this rule and apply the whole biosolids application rate that provides no more than the amount of nitrogen required by the crop or crops to be grown unless otherwise specified by the State Biosolids Coordinator.

5. In cases where the biosolids have substantial liming value, the agronomic rate shall be the lesser of the whole biosolids application rate that provides crop nitrogen needs as determined by parts 1 and 2 of this subparagraph or required liming equivalent necessary to raise the soil pH to the value most conductive for productivity of the crop(s) to be grown. Since moderately alkaline soil ranges from 7.9 to 8.4, the upper limit for soil pH is 8.4.

(e) Either a label shall be affixed to the bag or other container containing biosolids that are sold or given away for application to the land or an information sheet shall be provided to the person who receives biosolids sold or given away in another container for application to the land. The label or information sheet shall contain the following information:

1. The name and address of the person who prepared the biosolids that are sold or given away in a bag or other container for application to the land.

2. A statement that application of the biosolids to the land is prohibited except in accordance with the instructions on the label or information sheet.

(5) Operational standards-pathogens and vector attraction reduction [ 40 CFR 503.15]

(a) Pathogens.

1. The Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 or the Class B pathogen requirements and site restrictions in subparagraph (3)(b) of Rule 0400-40-15-.04 shall be met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site.

2. The Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 shall be met when bulk biosolids are applied to a lawn or a home garden.

3. The Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 shall be met when biosolids are sold or given away in a bag or other container for application to the land.

(b) Vector attraction reduction.

1. One of the vector attraction reduction requirements in parts (4)(b)1 through 10 of Rule 0400-40-15-.04 shall be met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site.

2. One of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 shall be met when bulk biosolids are applied to a lawn or a home garden.

3. One of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 shall be met when biosolids are sold or given away in a bag or other container for application to the land.

(6) Frequency of Monitoring [ 40 CFR 503.16]

(a) Biosolids.

1. The frequency of monitoring for the contaminants listed in Table 1, Table 2, and Table 3 of subparagraph (3)(b) of this rule; the pathogen density requirements in subparagraph (3)(a) and part (3)(b)2 of Rule 0400-40-15-.04; and the vector attraction reduction requirements in parts (4)(b)1 through 4, 7, and 8 of Rule 0400-40-15-.04 shall be the frequency specified in Table 1 of this subparagraph for the amount of biosolids applied.

Table 1 Frequency of Monitoring-Land Application

Amount of Biosolids1(metric tons per calendar year)	Frequency
Greater than zero but less than 290	Once per year
Equal to or greater than 290 but less than 1,500	Once per quarter (4 times per year)
Equal to or greater than 1,500 but less than 15,000	Once per 60 days (6 times per year)
Equal to or greater than 15,000	Once per month (12 times per year)

1Either the amount of bulk biosolids applied to the land or the amount of biosolids prepared for sale or give-away in a bag or other container for application to the land (dry weight basis).

2. After the biosolids have been monitored for two years at the frequency in Table 1 the monitoring frequency for contaminants and/or pathogen densities may be reduced by EPA. If EPA reduces the monitoring for contaminants and/or pathogen densities, the State of Tennessee will accept the revised monitoring frequency as stipulated by EPA.

(b) PCBs shall be monitored at least once every five years unless otherwise specified by the State Biosolids Coordinator.

(c) A Toxicity Characteristic Leaching Procedure (TCLP) using SW-846 Method 1311 in accordance with 40 CFR 261.24 shall be conducted at least once every five years unless otherwise specified by the State Biosolids Coordinator.

(7) Recordkeeping [40 CFR 503.17]

(a) The person who prepares the biosolids shall develop the following information and shall retain the information for five years:

1. The concentration of each contaminant listed in Table 3 of subparagraph (3)(b) of this rule in the biosolids;

2. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 ] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment;"

3. A description of how the Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 are met; and

4. A description of how one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 is met.

(b) The person who prepares biosolids shall develop the following information and shall retain the information for five years.

1. The concentration of each contaminant listed in Table 3 of subparagraph (3)(b) of this rule in the material;

2. The following certification statement:

"I certify under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 ] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment;"

3. A description of how the Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 are met; and

4. A description of how one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 is met.

(c) If the contaminant concentrations in part (3)(b)3 of this rule, the Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04, and the vector attraction reduction requirements in either part (4)(b)9 or 10 of Rule 0400-40-15-.04 are met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site:

1. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

(i) The concentration of each contaminant listed in Table 3 of subparagraph (3)(b) of this rule in the bulk biosolids;

(ii) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment;" and

(iii) A description of how the pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 are met.

2. The person who applies the bulk biosolids shall develop the following information and shall retain the information for five years:

(i) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in paragraph (4) of Rule 0400-40-15-.02 and the vector attraction reduction requirement in [insert either part (4)(b)9 or 10 of Rule 0400-40-15-.04 ] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment;"

(ii) A description of how the management practices in paragraph (4) of this rule are met for each site on which bulk biosolids are applied. This description shall include for each individual field or site on which biosolids were applied the following:

(I) A listing, including usable acres, for each field or site to which biosolids were applied;

(II) A listing of all loads of biosolids, including dry tons, applied to the field or site;

(III) An indication of the crop(s) to be grown after application, including projected yields and nitrogen requirements; and

(IV) Calculation of the dry tons per acre applied, the plant available nitrogen applied per acre, and a determination that the agronomic loading rate for nitrogen was met; and

(iii) A description of how the vector attraction reduction requirements in either part (4)(b)9 or 10 of Rule 0400-40-15-.04 are met for each site on which bulk biosolids are applied.

(d) If the contaminant concentrations in part (3)(b)3 of this rule and the Class B pathogen requirements in subparagraph (3)(b) of Rule 0400-40-15-.04 are met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site:

1. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

(i) The concentration of each contaminant listed in Table 3 of subparagraph (3)(b) of this rule in the bulk biosolids;

(ii) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the Class B pathogen requirements in subparagraph (3)(b) of Rule 0400-40-15-.04 and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 if one of those requirements is met] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment;"

(iii) A description of how the Class B pathogen requirements in subparagraph (3)(b) of Rule 0400-40-15-.04 are met; and

(iv) When one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 is met, a description of how the vector attraction reduction requirement is met.

2. The person who applies the bulk biosolids shall develop the following information and shall retain the information for five years:

(i) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in paragraph (4) of Rule 0400-40-15-.02, the site restrictions in part (3)(b)5 of Rule 0400-40-15-.04, and the vector attraction reduction requirement in [insert either part (4)(b)9 or 10 of Rule 0400-40-15-.04 if one of those requirements is met] was prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment;"

(ii) A description of how the management practices in paragraph (5) of this rule are met for each site on which bulk biosolids are applied. This description shall include, for each individual field or site on which biosolids were applied the following:

(I) A listing, including usable acres, for each field or site to which biosolids were applied;

(II) A listing of all loads of biosolids, including dry tons, applied to the field or site;

(III) An indication of the crop(s) to be grown after application, including projected yields and nitrogen requirements; and

(IV) Calculation of the dry tons per acre applied, the plant available nitrogen applied per acre, and a determination that the agronomic loading rate for nitrogen was met;

(iii) A description of how the site restrictions in part (3)(b)5 of Rule 0400-40-15-.04 are met for each site on which bulk biosolids are applied;

(iv) When the vector attraction reduction requirement in either part (4)(b)9 or 10 of Rule 0400-40-15-.04 is met, a description of how the vector attraction reduction requirement is met; and

(v) The date bulk biosolids are applied to each site.

(e) If the requirements in subpart (3)(a)2(i) of this rule are met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site:

1. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

(i) The concentration of each contaminant listed in Table 1 of subparagraph (3)(b) of this rule in the bulk biosolids;

(ii) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in [insert either subparagraph (3)(a) of Rule 0400-40-15-.04 or subparagraph (3)(b) of Rule 0400-40-15-.04 ] and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 if one of those requirements is met] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment;"

(iii) A description of how the pathogen requirements in either subparagraph (3)(a) or (b) of Rule 0400-40-15-.04 are met; and

(iv) When one of the vector attraction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 is met, a description of how the vector attraction requirement is met.

2. The person who applies the bulk biosolids shall develop the following information, retain the information in subparts (i) through (vii) of this part indefinitely, and retain the information in subparts (viii) through (xiii) of this part for five years.

(i) The location, by either street address or latitude and longitude, of each site on which bulk biosolids are applied.

(ii) The number of acres in each site on which bulk biosolids are applied.

(iii) The date bulk biosolids are applied to each site.

(iv) The cumulative amount of each contaminant (i.e., kilograms) listed in Table 2 of subparagraph (3)(b) of this rule in the bulk biosolids applied to each site, including the amount in subpart (2)(c)2(iii) of this rule.

(v) The amount of biosolids (i.e., tons) applied to each site.

(vi) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the requirement to obtain information in part (2)(c)2 of Rule 0400-40-15-.02 was prepared for each site on which bulk biosolids were applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(vii) A description of how the requirements to obtain information in part (2)(c)2 of this rule are met.

(viii) The following certification statement:

"I certify, under penalty of law that the information that will be used to determine compliance with the management practices in paragraph (4) of Rule 0400-40-15-.02 was prepared for each site on which bulk biosolids were applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(ix) A description of how the management practices in paragraph (4) of this rule are met for each site on which bulk biosolids are applied. This description shall include, for each individual field or site on which biosolids were applied the following:

(I) A listing, including usable acres, for each field or site to which biosolids were applied;

(II) A listing of all loads of biosolids, including dry tons, applied to the field or site;

(III) An indication of the crop(s) to be grown after application, including projected yields and nitrogen requirements; and

(IV) Calculation of the dry tons per acre applied, the plant available nitrogen applied per acre, and a determination that the agronomic loading rate for nitrogen was met.

(x) The following certification statement when the bulk biosolids meet the Class B pathogen requirements in paragraph (3)(b) of Rule 0400-40-15-.04:

"I certify, under penalty of law, that the information that will be used to determine compliance with the site restrictions in part (3)(b)5 of Rule 0400-40-15-.04 for each site on which Class B biosolids were applied was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(xi) A description of how the site restrictions in part (3)(b)5 of Rule 0400-40-15-.04 are met for each site on which Class B bulk biosolids are applied.

(xii) The following certification statement when the vector attraction reduction requirement in either part (4)(b)9 or 10 of Rule 0400-40-15-.04 is met:

"I certify, under penalty of law, that the information that will be used to determine compliance with the vector attraction reduction requirement in [insert either part (4)(b)9 of Rule 0400-40-15-.04 or part (4)(b)10 of Rule 0400-40-15-.04 ] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(xiii) If the vector attraction reduction requirements in either part (4)(b)9 or 10 of Rule 0400-40-15-.04 are met, a description of how the requirements are met.

(f) If the requirements in part (3)(a)4 of this rule are met when biosolids are sold or given away in a bag or other container for application to the land, the person who prepares the biosolids that are sold or given away in a bag or other container shall develop the following information and shall retain the information for five years:

1. The concentration of each contaminant listed in Table 1 and Table 3 of subparagraph (3)(b) of this rule in the biosolids;

2. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practice in subparagraph (4)(e) of Rule 0400-40-15-.02, the Class A pathogen requirement in subparagraph (3)(a) of Rule 0400-40-15-.04, and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 ] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment;"

3. A description of how the Class A pathogen requirements in subparagraph (3)(a) of Rule 0400-40-15-.04 are met; and

4. A description of how one of the vector attraction requirements in parts (4)(b)1 through 8 of Rule 0400-40-15-.04 is met.

(8) Reporting [ 40 CFR 503.18]

(a) All generators and preparers of biosolids shall submit the following information to the State Biosolids Coordinator:

1. The information in paragraph (7) of this rule, except the information in parts (7)(c)2, (d)2 and (e)2 of this rule, for the appropriate requirements on February 19 of each year.

2. The information in subparts (7)(e)2(i) through (vii) of this rule on February 19th of each year when 90 percent or more of any of the cumulative contaminant loading rates in Table 2 of subparagraph (3)(b) of this rule is reached at a land application site.

(b) Annual reports shall be submitted in their entirety as an electronic [computer generated] file in one of the following formats: Microsoft Word (*.doc), Microsoft Excel (*.xls), Microsoft Snapshot (*.snp), or Adobe Portable Document Format (*.pdf). In order to establish the time and date of submission, the annual report should be sent as an attachment to an email to the State Biosolids Coordinator. The State Biosolids Coordinator will issue a waiver to the electronic submittal when it is demonstrated that the municipality does not have this capability.

(c) Per application event or monthly (lesser of these two frequencies) a Farm Operator Report shall be provided to the grower showing sites, fields, year-to-date dry tons applied, amount of nutrients applied, and dates of application. This is not required if the generator is also the applier and/or the grower.

(d) A form shall be included in the annual report submitted to the State Biosolids Coordinator which contains at a minimum:

1. A summary of calendar year annual application activity, to include, for all sites, annual dry tons applied; and

2. For each site, provide:

(i) Summary information:

(I) The applier;

(II) Land owner or operator;

(III) Latitude and longitude;

(IV) County; and

(V) Summary of overall site activity:

I. Approved acres;

II. Applied acres;

III. Total tonnage or volume (wet weight);

IV. Dry tons total; and

(ii) Detailed information for each field:

(I) Field number/name;

(II) Field acres, excluding setbacks;

(III) Crop;

(IV) First application date;

(V) Last application date;

(VI) PAN applied (plant available nitrogen in pounds per acre);

(VII) Application method;

(VIII) Calculated application rate (DT/Ac) to meet crop PAN need;

(IX) Actual dry tons per acre;

(X) Actual per acre tonnage or volume (wet weight);

(XI) Total dry tons; and

(XII) Total tonnage or volume (wet weight)

(9) Biosolids and Sewage Sludge Transportation Equipment - Transported on Public Roadways Only

(a) Liquid biosolids shall be transported in sealed, watertight containers.

(b) Tracking of biosolids or sewage sludge onto public roadways is prohibited.

(c) The Tennessee Department of Environment and Conservation, Division of Water Resources' nearest Environmental Field Office shall be notified by telephone of any spill within 24 hours of occurrence.

(10) Reserved

(11) Reserved

(12) Appendix .02-A - Example Agronomic Rate Calculation

Agronomic Loading Rate Calculation Sheet for Nitrogen

1. Biosolids Analysis:

CONSTITUENTS	mg/kg (Dry Weight)
TKN	39,500
Ammonia (N)	7,600
NO3+ NO2(N)	5

2. Mineralization Rate (MR)=20% (Anaerobically Digested Sewage Sludge) - See part (4)(d)2 of this rule.

3. Plant Available Nitrogen (PAN)=[(MR) x (TKN - NH3)] + 0.5 x (NH3) + (NO3+NO2)

(i) PAN=[(0.2) x (39,500 - 7,600)] + 0.5 x (7,600) + (5)=10, 185 mg/kg PAN (mg/kg) x 0.002=20.37 lbs/dry ton

(ii) PAN=20.37 lbs/dry ton or 5.09 lbs/wet ton (assuming 25% solids)

Rules & Regulations of the State of TennesseeTitle 0400 - Environment and ConservationSubtitle 0400-40 - Water Resources (WPC)Chapter 0400-40-15 - Biosolids ManagementSection 0400-40-15-.02 - LAND APPLICATION [40 CFR 503 SUBPART B]

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-.02 - LAND APPLICATION [40 CFR 503 SUBPART B]