Section 327IAC6.1-4-9. Pollutant limits

   (a) Table 1 in this subsection lists ceiling concentrations of metal pollutants for a biosolid or industrial waste product that is land applied. A biosolid or industrial waste product must not be applied to land if the concentration of pollutants in the biosolid or industrial waste product exceeds any of the ceiling concentration limits established in the following:

Table 1 Ceiling Concentrations
Pollutant	Ceiling Concentration (milligrams per kilogram)1
Arsenic	75
Cadmium	85
Copper	4,300
Lead	840
Mercury	57
Molybdenum	75
Nickel	420
Selenium	100
Zinc	7,500
1Dry weight basis

  (b) Table 2 in this subsection lists the cumulative pollutant loading rates for sites on which a biosolid or industrial waste product is applied:

Table 2 Cumulative Pollutant Loading Rates
Pollutant	Cumulative Pollutant Loading Rates (pounds per acre)
Arsenic	36
Cadmium	341
Copper	1,338
Lead	267
Mercury	15
Molybdenum	not applicable
Nickel	374
Selenium	89
Zinc	2,499
1This number is for biosolid only. The cumulative pollutant loading rate for cadmium from an industrial waste product or a biosolid containing an industrial waste product is four and one-half (4.5) pounds per acre for a soil cation exchange capacity of less than 5; nine (9) pounds per acre if the soil cation exchange capacity is between 5 and 15; and eighteen (18) pounds per acre if the soil cation exchange capacity is greater than 15.

  (c) Table 3 in this subsection lists the pollutant concentrations for biosolid or industrial waste product to be applied to the land in accordance with a nonsite-specific permit under section 5 of this rule, a hybrid permit under section 5.5 of this rule, or a marketing and distribution program permit under 327 IAC 6.1-5:

Table 3 Pollutant Concentrations
Pollutant	Pollutant Concentrations (milligrams per kilogram)1
Arsenic	41
Cadmium	39
Copper	1,500
Lead	300
Mercury	17
Molybdenum	75
Nickel	420
Selenium	100
Zinc	2,800
1Dry weight basis

  (d) Table 4 in this subsection lists the maximum annual pollutant loading rates for sites where biosolid or industrial waste product is land applied:

Table 4 Maximum Annual Pollutant Loading Rates
Pollutant	Annual Pollutant Loading Rate (pounds per acre per 365 day period)
Arsenic	1.8
Cadmium	0.45
Copper	66.0
Lead	13.4
Mercury	0.7
Molybdenum	not applicable
Nickel	18.7
Selenium	4.4
Zinc	124.9

  (e) Table 4.5 in this subsection lists the maximum detection limits to be achieved for all analysis of industrial waste products and biosolid that have total solids of one percent (1%) or greater:

Table 4.5 Detection limits (milligrams per kilogram dry weight)
Arsenic	2
Cadmium	10
Lead	10
Mercury	2
Molybdenum	10
Nickel	10
Selenium	2

  (f) A permitted biosolid or industrial waste product that exceeds any pollutant ceiling concentrations in Table 1 in subsection (a) must not be applied to the land unless the commissioner approves the results of the following analyses prior to initial application:

(1) The person who prepares a biosolid or industrial waste product shall take at least four (4) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 1 in subsection (a) that has been exceeded.

(2) For a biosolid or industrial waste product that is receiving additional biosolid or industrial waste product, the four (4) samples must be taken:

(A) within a thirty (30) day period; and

(B) at least two (2) days apart.

(3) For a fixed volume of a biosolid or industrial waste product that is not receiving additional biosolid or industrial waste product, the four (4) samples must be taken within a thirty (30) day period.

(4) The analysis for each pollutant in all four (4) samples must be less than the comparable pollutant ceiling concentration in Table 1 in subsection (a).

  (g) Under a nonsite-specific or hybrid permit, the person who prepares a biosolid or industrial waste product that exceeds any concentration of a metal listed in Table 3 in subsection (c) shall do either of the following:

(1) Within ninety (90) days of first receiving knowledge of the exceeded limit, the person who prepares a biosolid or industrial waste product shall apply for a site-specific permit for land application of the biosolid or industrial waste product. The biosolid or industrial waste product must be applied under a site-specific permit.

(2) Provide the following analysis within forty-five (45) days of first receiving knowledge of the exceeded limit for approval by the commissioner:

(A) The person who prepares a biosolid or industrial waste product shall take at least four (4) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 3 in subsection (c) that has been exceeded.

(B) For biosolid or industrial waste product that is not a fixed volume, the four (4) samples must be taken:

(i) within a thirty (30) day period; and

(ii) at least two (2) days apart.

(C) For a fixed volume of biosolid or industrial waste product, the four (4) samples must be taken within a thirty (30) day period.

(D) The average of the four (4) samples for each pollutant must be less than the comparable pollutant concentrations in Table 3 in subsection (c).

(E) If the average of the four (4) samples for each pollutant exceeds the comparable pollutant concentrations in Table 3 in subsection (c), the person who prepares a biosolid or industrial waste product shall apply for a site-specific permit within sixty (60) days of receiving the results of the analysis in this subdivision.

  (h) A person who prepares a biosolid or industrial waste product and that intends to reapply for a nonsite-specific or hybrid permit shall complete the following for approval by the commissioner:

(1) The person who prepares a biosolid or industrial waste product shall take at least eight (8) representative samples of the biosolid or industrial waste product to be applied to analyze for any metal concentration in Table 3 in subsection (c) that has been exceeded.

(2) The samples must be taken:

(A) within a twelve (12) month period; and

(B) at least thirty (30) days apart.

(3) All pollutant concentrations in all eight (8) samples must have pollutant concentrations less than the comparable pollutant concentrations in Table 3 in subsection (c).

(Water Pollution Control Division; 327 IAC 6.1-4-9; filed May 15, 1998, 10:20 a.m.: 21 IR 3792; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3610; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)