Over the past decade, we have provided numerous reports, scientific papers and detailed memos to both Virginia DEQ and DCR in support of the use of one-time applications of biosolids to newly reclaimed mined (or similarly disturbed) lands that are higher than would be allowed under a typical nutrient management plan framework for established cropping systems on agricultural lands. Our recommended loading rates for these one-time applications have ranged from 25 to 35 dry tons per acre for the purpose of rebuilding soil organic matter and nutrient reserves for long-term soil building benefits. In our detailed submissions, we have provided ample evidence from three different mining sites that this practice does not lead to significant leaching of nitrate-N to local shallow ground water. However, the current proposed regulations still stipulate that a conventional nutrient management plan must be approved by DCR for all mined land applications. Our long-term research results clearly indicate that (A) this approach is not valid for these kinds of drastically disturbed sites and  (B) significant long term soil building and revegetation benefits are lost when biosolids applications are  limited to conventional rates for reclamation sites.

Additionally, the current regulations contain no language allowing DEQ to permit the use of higher rates of biosolids as a part of research programs or when clear emergency situations (e.g. Stafford Airport project in 2001/2002) demand their utilization. As currently written, we would be required to submit a conventional nutrient management plan for approval of any research plots. Since one of our goals in performing field research would be to investigate the net soil and water quality effects of higher than agronomic rates, this requirement is obviously self-limiting and senseless. Furthermore, the turn-around time for review and approval by DCR is of great concern to us. Similarly, there is no language whatsoever that would allow DEQ to waive conventional nutrient management plan requirements for emergency situations.  Historically,  both of these scenarios (research plots and emergencies) always involve submission and approval of detailed soil and water quality monitoring plans that are much more stringent that conventional land application permit requirements. Therefore, we feel strongly that language should be added to the final proposed language to allow DEQ discretion in approving both research and emergency application use of biosolids at higher than conventional rates without conventional nutrient management plan approval restrictions.