COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
WATER QUALITY CONTROL COMMISSION
5 CCR 1002-64
BIOSOLIDS REGULATION
REGULATION NO. 64
64.1	AUTHORITY
These regulations are promulgated pursuant to the Colorado Water Quality Control Act, sections 25-8-101 through 25-8-703 C.R.S., (1989 Repl. Vol. 11A and 1993 Supp.).  In particular, they are promulgated under sections 25-8-202, 25-8-205, 25-8-501, and 25-8-509 C.R.S., (1989 Repl. Vol. and 1993 Supp.).
64.2	PURPOSE
The purpose of these regulations is to establish requirements, prohibitions, standards and concentration limitations on the use of biosolids as a fertilizer and/or organic soil amendment in a manner so as to protect the public health and prevent the discharge of pollutants into state waters.
64.3	APPLICABILITY
These regulations apply to:
A.	any domestic wastewater treatment works, irrespective of whether the domestic wastewater treatment works is required to obtain a CDPS permit, when biosolids generated at the domestic wastewater treatment works are withdrawn for beneficial use, and
B.	any person treating, manipulating, or applying biosolids to land for beneficial purposes.
These regulations do not apply to the use or disposal of grit or screenings generated during primary treatment of domestic sewage in a wastewater treatment works, hazardous sewage sludge, grease (except grease removed in primary, secondary or advanced wastewater treatment processes and added to a biosolids treatment process), commercial or industrial sludges (regardless of whether or not combined with domestic sewage), domestic or industrial septage, or sludge generated during treatment of drinking water.
64.4	SEVERABILITY
The provisions of these regulations are severable, and if any provisions or the application of the provisions to any circumstances are held invalid, the application of such provision to other circumstances, and the remainder of these regulations shall not be affected thereby.
64.5	MATERIALS INCORPORATED BY REFERENCE
U.S. Environmental Protection Agency standards and test methods cited in these regulations are hereby incorporated by reference.  The references herein are to the Code of Federal Regulations at 40 CFR Part 503 and are current as of February 8, 2010.  Incorporation of this material does not include later amendments to, or editions of, the incorporated material.  The Commission will need to adopt revisions to this regulation for conformance with any subsequent changes to the Federal Regulations.  
All materials incorporated by reference may be examined at any state publication depository library.  Requests for public inspection of materials incorporated by reference in this regulation should be made to the Colorado Department of Public Health and Environment, Water Quality Control Division, 4300 Cherry Creek Drive, South, Denver, Colorado, 80246-1530.
. . . .
64.7	FEES 
A.	Assessment of Fees and Billing
(1)	A non-refundable fee of two dollars and forty cents ($2.40) per dry ton of biosolids shall be assessed to generators whose biosolids are used for beneficial purposes.  The Division will notify generators when adjustments are made to the fee schedule and the effective date for implementing the changes.
. . . .
64.9	DEFINITIONS
The following definitions are applicable within the intent of these regulations:
. . . .
KK.	“SITE TRANSFER” means the transfer of an NOA to a new person as outlined in Section 64.10(J) of this regulation.  
LL.	"TREAT BIOSOLIDS" or "TREATMENT OF BIOSOLIDS" means the preparation of biosolids for final use or distribution including, but is not limited to, thickening, stabilization, stockpiling, dewatering, and blending of biosolids from different sources or with other materials.  This does not include storage of biosolids except as such storage is incidental to treatment.
MM.	"TREATMENT WORKS TREATING DOMESTIC SEWAGE" means a domestic wastewater treatment works or other sludge or biosolids handling facility, regardless of ownership, used in the storage, treatment, recycling or reclamation of domestic sewage or land application of biosolids.
NN.	"UNRESTRICTED USE" means the use or distribution of biosolids for lawns or home gardens use. 
OO.	"WETLANDS" means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
64.10	ADMINISTRATION
. . . .
I.	Notice of Authorization for the Use and Distribution of Biosolids.  Site Closure:  Persons no longer applying biosolids to an authorized application site because: 1) the site has reached or exceeded the Cumulative Pollutant Loading Rates outlined in section 64.12(A), Table 2 of this regulation, or 2) biosolids application has ceased due to land-use changes e.g. proposed development, shall submit to the Division in writing a request to close the application site.  The Division will terminate the Notice of Authorization for the Use and Distribution of Biosolids and will follow-up with a written confirmation.  A closed site is no longer available for biosolids application by any person. 
J.	Notice of Authorization for the Use and Distribution of Biosolids. Site Transfer:  An NOA may be transferred to a new person from a person no longer applying biosolids to an authorized application site and who no longer intends on applying biosolids to that site.  A signed transfer document showing the agreement between the parties shall be submitted to the Division.  The Division will complete the transfer by sending a written confirmation.  Note:  The Transferor shall transfer all the information relating to biosolids application for the site to the new persons.
. . . .
64.16	MONITORING AND ANALYSIS
. . . .
B.	Soils Monitoring.
. . . .
(3)	Collection and analysis of soils for the parameters identified in Table 10 shall be accomplished prior to biosolids application and once every ten years thereafter.  Sampling conducted subsequent to the initial sampling event shall occur after completion of the cropping cycle, i.e. after harvest, but prior to any additional application.  For purposes of this section, biosolids application shall be considered as one or more individual application of biosolids which are intended to supply the agronomic nitrogen requirement for the crop for a single cropping cycle.  Analyses performed to satisfy the requirements of this paragraph and of Table 10 shall include determination of total recoverable metals concentrations.

TABLE 10 .    SOILS METALS AND PHYSICAL CHARACTERISTICS REPORTING UNITS	
PARAMETERS	UNITS	PARAMETERS	UNITS	
arsenic	mg/kg soil	mercury	mg/kg soil	
cadmium	mg/kg soil	molybdenum	mg/kg soil	
chromium	mg/kg soil	nickel	mg/kg soil	
copper	mg/kg soil	selenium	mg/kg soil	
lead	mg/kg soil	zinc	mg/kg soil	
(4)	Samples collected to satisfy the requirements of paragraphs (1) and (3) of this subsection shall be composite samples made up of soil taken from no fewer than sixteen core holes per 320 acres and completely mixed to form a minimum one pound sample.
(a)	A minimum of one composite sample per 320 acres is required.  The Division may require more intensive sampling in instances where multiple crops are cultivated or different soil types are present.  
(b)	Except as otherwise required in the Notice of Authorization for the Use or Distribution of Biosolids samples shall be collected to a depth of one foot and composited.
(c)	Notwithstanding any other requirements of this section 64.16(B), the Division may require deep soil (nitrate) monitoring.
(5)	Analysis of soil samples for metals shall be performed consistent with the requirements in 40 CFR Part 503.8(b)(4), which requires utilizing the methods listed in EPA’s publication “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," also known as SW-846, including EPA Method 3050B.  (Second Edition (1982) with Updates I (April 1984) and II (April 1985), and Third Edition (November 1986) with Revision I (December 1987)).
(6)	The Division may specify more frequent monitoring than otherwise required in paragraphs (1), (3) and (4) above when biosolids are applied for the reclamation of disturbed land.
. . . .
64.31	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; February 8, 2010 Hearing; Effective March 9, 2010
The provisions of Colorado Revised Statute Sections 25-8-202(1)(c) and (2), 25-8-205(1)(e), 25-8-501(1) and (2), and 25-8-509 C.R.S, provide the specific statutory authority for the Colorado Biosolids Regulations adopted by the Commission.  The Commission has also adopted, in compliance with Colorado Revised Statute Section 24-4-203(4) C.R.S., the following Statement of Basis and Purpose.
BASIS AND PURPOSE
The Commission found it necessary to add a newsection (Section 64.10(J)) to allow for site transfers between persons in order to facilitate a seamless process. This site transfer process will not only allow farmers to work with the biosolids applier of their choice, but will also help reduce the administrative tasks of the Division. In addition, a definition was added for the term “Site Transfer” to correspond with changes made to the regulation.  All remaining definitions were re-lettered accordingly.
The Commission also found that it was appropriate to modify the soil sample analysis method for metals.  The method for analysis of soil samples to be performed for metals in Section 64.16(B)(5) was changed from AB-DTPA extraction to the methods listed in the EPA publication “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," also known as SW-846, which includes EPA Method 3050B. Federal Regulation (40 CFR Part 503.8(b)(4)) requires the methods listed in the SW-846 to be used for biosolids analysis. This change will fully align the soil metals analysis method in this regulation with the Federal Regulation. The Commission found that this will help facilitate a seamless transition from EPA to State oversight when the Division obtains delegation of the biosolids program.  Also, this change was necessary to be able to compare the metals accumulated in the soil from biosolids applications to the amount of biosolids metals calculated as the cumulative pollutant loading rates.  Because of the addition of the requirement to use EPA Method 3050B is a requirement found in federal regulation, the Commission added “standard” Incorporation by Reference language at Section 64.5 as required by the State Administrative Procedures Act.  The section had previously been reserved for this purpose.
The determination of metal speciation in Section 64.16(B)(3) was changed from extractable metals concentrations to total recoverable metals concentrations since EPA Method 3050B yields total recoverable metals concentrations.
Finally, the Commission found that the increase of the biosolids fees from $1.87 per dry short ton to $2.40 per dry short ton was necessary to fully fund biosolids program. Program costs have been above the revenues the program has generated.