Draft Rules
Sewage Sludge (OAC 3745-40)
Note: On January 4, 2011, final rules were adopted. Go here for more information.
Comment deadline - 5:00 p.m. on May 22, 2009
Note: This is the second draft of these rule revisions. The Agency considered comments submitted during the first draft of these rule revisions distributed in July 2008, made changes in response to the comments and is now offering a second opportunity to comment.
The draft rules are available below. Notice has been sent out for interested party review. After considering comments on this second draft and making changes, if necessary, to the rules, a public hearing and another public comment period will be scheduled later this year.
Background
Sewage sludge is the solid, semi-solid or liquid residue generated during the treatment of domestic sewage. Sewage sludge must be periodically wasted, or removed, from a treatment works so as to not cause a bottleneck in the system or result in a pass through of sewage sludge to rivers or other surface waters. There are many alternatives for the final disposition of sewage sludge including, but not limited to, incineration, disposal in a landfill, and application to the land for agronomic benefit.
At this time the Agency is soliciting comments on the rules in Chapter 3745-40 of the Administrative Code, governing sewage sludge. The Agency is considering rescinding all seven rules in that chapter and replacing them with twelve new rules. The increase in the number of rules is being considered to provide the reader with shorter rules, making information easier to find.
Overall the technical changes being considered include a balance of “more stringent” and “less stringent” requirements, all of which are designed to be protective of public health and the environment. See the fact sheet below for more information on the changes being considered.
For additional information about Ohio EPA's sewage sludge (also referred to as biosolids) program, visit the Ohio EPA Biosolids Program Web page.
Available documents
Letter to interested parties [PDF 207K]
Fact sheet [PDF 15K]
Response to comments on the July 2008 draft rule revisions [PDF 248K]
Draft Rules
For a rescinded rule, text is left unchanged and “To Be Rescinded” is at the top of each page of the rule. For a new rule, all text is underlined.
Download all the draft rules to be rescinded here [PDF 108K] or download individual rules below.
Download all the draft new rules here [PDF 1,611K] or download individual rules below.
| Rule # |
Rule Title |
Action |
| 3745-40-01 |
Definitions [PDF 24K] |
Rescind |
| 3745-40-01 |
Definitions [PDF 119K] |
New |
| 3745-40-02 |
Purpose, applicability and exclusions [PDF 5K] |
Rescind |
| 3745-40-02 |
Purpose, applicability, general requirements, exclusions and prohibitions [PDF 36K] |
New |
| 3745-40-03 |
Permits, plans and authorizations [PDF 7K] |
Rescind |
| 3745-40-03 |
NPDES permit requirements and management plan requirements [PDF 20K] |
New |
| 3745-40-04 |
Land application agronomic management [PDF 16K] |
Rescind |
| 3745-40-04 |
Biosolids classifications [PDF 631K] |
New |
| 3745-40-05 |
Land application restrictions [PDF 27K] |
Rescind |
| 3745-40-05 |
Notice and necessary information requirements for biosolids and other notification requirements [PDF 10K] |
New |
| 3745-40-06 |
Land application monitoring and reporting [PDF 20K] |
Rescind |
| 3745-40-06 |
Authorization for a land application site, site transfer requirements and site amendment requirements for class B biosolids; and requirements for bulk quantities of biosolids to be stored in rail cars or other mobile storage units [PDF 8K] |
New |
| 3745-40-07 |
Other management practices, prohibition [PDF 6K] |
Rescind |
| 3745-40-07 |
Requirements for the storage of biosolids: isolation distance requirements and requirements for field storage and regional facility storage [PDF 34K] |
New |
| 3745-40-08 |
Requirements for the beneficial use of biosolids: general requirements, prohibitions, isolation distance requirements, site specific requirements and additional site restrictions for the beneficial use of class B biosolids [PDF 288K] |
New |
| 3745-40-09 |
Approved sampling methods, monitoring frequency requirements, record retention and annual reporting requirements [PDF 306K] |
New |
| 3745-40-10 |
Facility storage requirements [PDF 14K] |
New |
| 3745-40-11 |
Signage requirements for beneficial use sites receiving class B biosolids [PDF 9K] |
New |
| 3745-40-12 |
Compliance and enforcement; and spill notification requirements [PDF 19K] |
New |
For additional information or to submit comments
Please submit any comments you have on the draft rules in one of the following manners.
| By e-mail: jacob.howdyshell@epa.state.oh.us |
By mail: Jacob Howdyshell
Ohio EPA
Division of Surface Water
P.O. Box 1049
Columbus, Ohio 43216-1049 |
| By fax: (614) 644-2745 |
If you would like further information about this rulemaking, please contact Jacob Howdyshell at jacob.howdyshell@epa.state.oh.us or by calling (614) 644-2018.