Assessing the Impact of Federal and State Regulations on Biosolids Beneficial Use

Background Biosolids management in the United States is driven by evolving federal and state regulations which shape, not only wastewater solids processing technologies, but also the marketing, distribution, and overall cost to manage the processed biosolids product. In recent years, the main impetus of revisions to state regulations has been environmental stressors such as climate change and the presence of Contaminants of Emerging Concern (CECs) in biosolids. While many state agencies have yet to undergo the process of revising their biosolids management programs, there are a number of key states which have adopted unique policy changes which set a precedent for state regulatory guidance of key issues and topics. This analysis will focus on recent changes to state regulations in California, New York, and Georgia and analyze current trends surrounding biosolids management in each state. The changes to regulations in each state have presented unique opportunities and challenges to utilities as they develop long-term strategies for the management of wastewater solids generated at their respective facilities. As utilities respond to changes in regulations, the landscape surrounding beneficial use and disposal of the end-product has and will continue to shift. Objective The correlation between state specific regulations and trends in biosolids management will be analyzed using Biosolids Regulatory and Market Assessments conducted in California, New York, and Georgia. The assessments worked to identify opportunities and challenges associated with state specific regulations, markets, and corresponding economics involved with the management of biosolids products resulting from various processing technologies. Comprehensively, Regulatory and Market Assessments serve as a guide for utilities to understand and evaluate biosolids products and compatible beneficial use and disposal outlets. Each Assessment seeks to achieve the following three objectives. 1. Identify future changes to state regulations and current permitting pathways associated with the management of various biosolids products; 2. Identify beneficial use and disposal outlets in the region compatible with biosolids products; and 3. Define market details including market capacity, storage requirements, potential revenues, and expenses associated with biosolids management. Methodology Biosolids Regulatory Assessments conducted for each project included a detailed review of existing Federal and state biosolids beneficial use and disposal regulations, as well as an exploration of potential changes to regulations. Market Assessments were completed by identifying market capacity, demand, and product physical characteristic preferences for various biosolids products. Information for both the Regulatory and Market Assessments conducted in each state was gathered through market research and direct surveys with state regulators, third-party contractors, and end-users. Collected data was used to identify the opportunities, challenges, and outside-the-gate expenses (those expenses associated with product management only) associated with each state market/product combination. The data from Assessment was further analyzed to identify current biosolids beneficial use and disposal trends in each state. Each individual project was tailored to the needs of the respective utilities focusing on processing technologies resulting in various biosolids products including Class A and Class B products. Specifically, products such as biosolids char, digested cake, alkaline stabilized cake, partially thermally dried product, and thermally dried granules were reviewed. Findings and Current Status Regulatory Assessments for each state reveal unique opportunities and challenges associated with beneficial use and disposal of biosolids products driven by historic, recent, and potential future state specific regulations. A summary of the key insights from each analyzed state follows. 1. California's focus on climate change mitigation impact state beneficial use regulations: The recent implementation of SB1383 requires organic waste (including biosolids) diversion from landfills. SB1383 works to limit disposal and incineration of biosolids while also incentivizing beneficial use and implementing processing technologies which maximize renewable natural gas potential for utilities. 2. New York focuses on PFOA and PFOS mitigation as policy changes are enacted: New York biosolids regulations have historically favored beneficial use of biosolids despite increased pollutant limits for recycling of any classification of biosolids product. However, the recently implemented DMM-7 policy enacts PFOA and PFOS sampling requirements, guidelines, and limits. The measure set forth by the New York Department of Environmental Conservation utilizes the Michigan model which has received formal support from the USEPA. However, the DMM-7 further limits the threshold for prohibition of any recycled biosolids product which contains levels greater than 50 ppb for PFOA and PFOS separately. 3. Georgia policy revisions disrupt historically cost-effective management of biosolids via landfill disposal: Revisions to Georgia's landfill disposal regulations limit wet waste acceptance, posing new challenges to utilities historically reliable landfill disposal management programs. Market Assessments for each state work to confirm biosolids management trends in response to changes in regulations as well as product/market acceptance, preferences in biosolids physical characteristics, market capacity, and public acceptance. A summary of the key insights from each analyzed state follows: 1. California's adoption of SB1383 drives beneficial use across the state: The diversion of organic high strength waste from landfills has incentivized utilities to implement co-digestion across the state. Furthermore, the diversion biosolids from landfills coupled with the increase in co-digestion has led to further exploration of beneficial use markets including land application, public distribution, soil blending, and fertilizer blending. SB1383 has also worked to limit the power of county ordinances which have historically banned or restricted land application of biosolids across several counties in the state. 2. New York's recent PFOA and PFOS policy adoption may shape the biosolids beneficial use landscape across the state: The adoption of PFOA and PFOS guidelines has only recently been implemented and the impacts to trends in biosolids beneficial use and disposal across the state are currently being observed. Additional insights will be provided as impacts are established. 3. Georgia policy revisions disrupt historically cost-effective management of biosolids via landfill disposal: Revisions to Georgia's landfill disposal regulations limit wet waste acceptance, posing new challenges to utilities historically reliable landfill disposal management programs. Surveyed landfills report substantial reductions in tipping fees for WWTP solids considered to be dry waste. A summary of key regulatory actions and resulting opportunities and considerations for each state is shown in Table 1. Baseline biosolids beneficial use and disposal trends in Georgia, California, and New York are shown in Figure 1 as reported by the National Biosolids Data Project. The Regulatory and Market Assessment findings show various ways that state regulations are shaping the management and end-use of biosolids across California, New York, and Georgia. Beneficial use of all biosolids products is on the rise in California and Georgia due to recent changes in state regulations which have severely restricted the ability to utilize landfill disposal. California has also invested in studies to further expand compatible market outlets and introduced additional legislation to further incentivize beneficial use throughout the state. Georgia has historically depended on landfill disposal for the majority of wastewater solids generated in the state, resulting in the need for further development of all beneficial use markets. Unlike California, landfills still have the ability to take biosolids. However, reduced capacity and strict physical characteristic requirements resulting from changes to regulations have resulted in higher instances of failure to accept material and increased tipping fees. The guidelines issued by NYDEC setting limits for PFOA and PFOS are likely to have several impacts on biosolids management trends in the state. However, additional research is required to fully understand the impacts as end-users and utilities respond over the next few months. The presentation will discuss new findings in New York, as well as provide an in-depth analysis of outside-the-gate cost comparisons, product, and market specific findings for each state.