Stalled Legislation
Will updated regulations for biosolid land application be stalled again?
In 1997 the Commonwealth of Pennsylvania established regulations for the use of sewage sludge (biosolids) for land application.
In 2015 the General Assembly of Pennsylvania introduced House Regulation 60 directing the Legislative Budget and Finance Committee (LBFC) to review the Commonwealth’s program for beneficial use of sewage sludge for land application. This study was completed in 2017. See study here:
Microsoft Word - Cover on Letterhead.docx (state.pa.us)
The summary states:
No biosolids management is risk free
Pennsylvania biosolids are classified as either EQ (exceptional quality) or Non-EQ
Land application of biosolids is the least expensive use/disposal method
Biosolids reduce fertilizer costs to farmers
Public concern over offensive odors has been cited as the biggest threat to the beneficial use of biosolids
DEP’s regulation of the land application of biosolids focuses primarily on Nitrogen concerns
Pennsylvania’s regulations regarding the beneficial use of biosolids appear to be generally in line with the requirements in other states
Many new technologies are being developed to improve how biosolids are processed and to create alternative beneficial uses
The recommendation states: DEP should modify its General Operating Permit Requirements to require biosolids generators to develop odor management plans.
The Department of Environmental Protection has proposed permit changes to the biosolids reuse permits PAG07, PAG08 and PAG09 which would add additional requirements for storage, PFAS monitoring, control for excess phosphorus and prohibition on blending hauled waste. However these changes were never implemented. These three reuse permits were last issued in 2009. The permits were set to expire in 2014 but were administratively extended. Since 2014 these permits have been administratively extended nine times.
In June 2023 the LBFC issued a study pursuant to House Resolution 2021-149: Proposed Revisions to Biosolids Permits. See study here:
The objectives of the study were:
To document contextual and significant perspectives surrounding biosolids management
To assess whether permit holders, considering current testing technology, would practically be able to comply with the proposed revisions to PAG07, PAG08 and PAG09
To estimate the costs that permit holders may incur to comply with the proposed revisions to PAG07, PAG08 and PAG09, and how the costs associated with compliance may be passed on beyond permit holders
The recommendation states:
DEP should update the underlying regulations on the beneficial use of biosolids by land application (25 Pa Code Chapter 271 Subchapter J) to provide better consistency between the regulations and DEP’s proposed general permits
If continuing with a P-Index requirement for biosolids land applications, DEP should document all information that will be required from EPA to receive credit in the WIP
The General Assembly should consider establishing a grant program similar to the Dairy Investment Program to aid municipal authorities in developing innovative uses for biosolids
This latest study focused mostly on the expense of compliance with the proposed permit changes not on the effects of biosolids on the environment and the health of neighboring communities. The regulators should remember that the health and wellbeing of Pa residents is its top priority. There are more issues than odors and PFAS that need to be addressed. Local municipalities must be notified of any intent to purchase land or use land for the application of biosolids so they can have the right of first refusal and express their opposition to it; with biosolids generators looking to spread their sludge in more densely populated areas setbacks from dwellings and water sources should be increased.
It has been almost ten years since House Regulation 60 was introduced and still no changes have been made to the Pennsylvania biosolid land application program. It is time for our legislators and regulators to take action, they must not allow changes and updates to biosolids land application regulations to stall again.
