The Maryland Environmental Service is a not-for-profit, State of Maryland agency that conducts many diverse projects in the environmental field. One of those ongoing projects for the past 27 years involves performing independent third-party land application inspection services on behalf of several biosolids generators in the region. Our program and the experience of our staff give us a unique perspective on biosolids land application.

MES believes that biosolids land application is a safe practice that poses insignificant risk when done properly.  We feel that the proposed regulations are protective of public health and the environment. We do however have several specific comments with respect to these proposed regulations. These comments are noted below:

1.          Section 9VAC25-31-10. Definitions

            It appears that the definition of Publicly Owned Treatment Works (POTW) is listed twice

2.          Section 9VAC25-31-100 7.a.. Application for a permit.

            MES agrees with DEQ that sampling for PCBs is appropriate.

3.          Section 9VAC25-32-60. F.1. c. (3) Application for a VPA permit.

            MES agrees with DEQ that implementing odor control plans are a good idea, since odors are a major issue of concern at land application sites. We would go one step further, and suggest that the there should also be a requirement in the odor control plans for both the generators and land appliers to have a system for recording and documenting odor complaints. An odor control plan to minimize odor complaints will be more robust when the complaint information is transmitted to the source (generator).

4.    Section 9VAC25-32-60. F.2. d. (3) (h)  Application for a VPA permit.

            The definition of gross acreage should be defined more clearly, and there should be some reference to usable acreage (the gross acreage minus the buffer zone areas).    

            Our experience has shown that the differences between gross and usable acreages should be delineated so as to avoid confusion in the field during land application.

            Also, it’s common practice for land appliers to flag fields to mark off the buffer zone areas. MES suggest that the field flagging procedure be incorporated in the regulations to make this a universal practice.

5.    Section 9VAC25-32-307 A.  Relationship to other regulations

            This section refers to the Solid Waste Management Regulations at 9VAC20-80-10 et seq. MES believes that these regulations were repealed in March 2011 and replaced with 9VAC20-81-10 et seq.

6.    Section 9VAC25-32-545.  Staging of biosolids for land application

            This section requires some clarification. For example, when will the land appliers be allowed to stage material - after an equipment breakdown? What event triggers the need for staging biosolids? Also, some of the timing issues and length of staging need to be clarified as well.

7.    Section 9VAC25-32-550.D.5.f  Storage Facilities

            The proposed language states “If malodors related to the stored biosolids are verified by DEQ at any occupied dwelling on surrounding property, the malodor must be corrected within 48 hours”. What criteria will DEQ use to verify when nuisance odors are a problem? It’s well known that solving odor problems is very subjective science.

            On another note, MES commends DEQ for their progressive approach to the storage regulations to include covers, truck washing, supernatant management, and other good management practices.