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The FDEP's summary of proposed revisions to Chapter 62-640 Florida Administrative Code (FAC) are as follows: • Existing sites - revisions apply at permit renewal or within 3 years [100(5)(f) -0J] • All biosolids applications "projects of heightened public interest" [300(3)(d)] • All biosolids site enroll in an FDACS Best Management Practices (BMP) Program [300(3)(g)] • Nutrient management plan (NMP) major revisions 0 Compliance with Basin Management Action Plans [500(5)(c)] o Revisions to the determination of application rates [500(5)(1)] - Most limiting nutrient, Nitrogen (N) or Phosphorous (P), unless permittee can provide reasonable assurance [500(5)(1)] - Table of recommended N and P rates for crops with using biosolids [500(5)(i)1] - Soil phosphorus storage "capacity index" required [500(5)(1)4] - Bios'olids Water Extractable Phosphorous (PWEP) required [500(5)(i)6] - Adjustments of P allowed if positive capacity index and low WEP [500(5)(i)7] - If N -based application rate, can only adjust N by a factor of 1.5 [500(5)(1)8] - Septage-specific application rates [500(5)(f)10] - Review NMP annually, revise if appropriate [500(8)] - Require annual soil fertility monitoring using IFAS "Phosphorus Index" test that provides "capacity index" [500(5)(e) and 650(3)(b)1] • Require biosolids water extractable phosphorus (WEP) monitoring; site ground water monitoring and surface water monitoring [650(3)(a)1, 650(3)(a)3, 650(3)(c), and 650(3)(d)] • Prohibit land application where the seasonal high water table is within 15 cm of soil surface (or depth of biosolids placement). [700(10)] • Septage changes (delete flows, pathogen reduction and vector attraction reduction, staffing) [100(5)(c), 600(2)(b) and (c), 880(2)012] Staff has reviewed and has the following comments based on the proposed rule (Attachment 4). Staff has been informed that it is likely that the draft rule may not change from its current version, and thus staff presents the top 5 concerns as the rule is written now: 1. Existing land application sites can remain grandfathered in under the current rule for up to three years (based on permit expiration dates) before they need to abide by the items in this rule. This timeframe could potentially allow for a considerable amount of excess Nitrogen and Phosphorus applied to lands before they are required to adhere to the new rule application rates. 2. Nitrogen, Phosphorus, pH, and Fecal coliform are included in quarterly groundwater monitoring only if the application rates trip a certain threshold (revised from 400 lbs of Plant Available Nitrogen annually to 160 lbs of Total Nitrogen annually). Biosolids are suspected of containing additional pollutants that could create or contribute to water quality issues. Soil Fertility tests are required to be run annually and covered in the Nutrient Management Plan (NMP), but not at a specified time (it should be prior to any application). This issue could lead to an annual test showing one thing, while approved applications rates show another due to the time differential. Additionally, Water Extractable Phosphorus (WEP) values can vary significantly based on wastewater plant operations. Biosolids generator facilities should be required to test for WEP as well as all parameters identified in 62-640.650(3)(a)3 should they enact a process change, F:\Utilities\UTILITY - Engineering\WASTEWATER\Biosolids- Blue Cypress Lake\Admin\19-1119 BCC Meeting\Agenda-Biosolids Updated Rule f7n 640 11_12_2019. Docx l l y