OLYMPIA, Wash. – A proposed rule would exempt biosolids from the Washington state Department of Agriculture's fertilizer regulations.
To be exempt from the Department of Agriculture's fertilizer rules, biosolids and products derived from biosolids must meet state Department of Ecology regulations, and an accompanying label or information sheet must state that the product is not a commercial fertilizer. Product labels and information sheets must also state that any nutrient claims are estimates, not guarantees.
Both the U.S. Environmental Protection Agency and Department of Ecology regulate production and distribution of biosolids. They have set extensive standards for the quality, safe production and beneficial use of biosolids.
"We do not feel it is necessary to impose additional restrictions on an industry that already must comply with numerous requirements cradle to grave," said Bob Arrington, assistant director of the Pesticide Management Division. "We were part of the development committee for Ecology's biosolids rules and we have worked for years with Ecology to keep the regulations and authorities governing these materials separate."
Biosolids are used for their ability to amend soils, improve soil organic matter and water holding capacity, as well as for their nutrient value. The Department of Ecology's rules require biosolids to be analyzed for nitrogen content so that users do not jeopardize ground or surface water quality by over applying a product.
The proposed rules distinguish between packaged and unpackaged biosolids. Packaged biosolids are distributed in a container provided by the distributor of the material. Unpackaged biosolids are those distributed in a loose, unpackaged form. The rules, if approved, would require packaged biosolids to be registered as a fertilizer if they make claims about nutrient value or improved plant growth, or claim to be a fertilizer. Unpackaged products would have to be registered if they claimed to be a fertilizer. The Department of Agriculture further distinguishes whether biosolids must be registered based on the nutrient claims made and whether or not they claim to be a commercial fertilizer.
Commercial fertilizer regulations focus primarily on consumer protection and fair trade. They require the fertilizer industry to correctly and honestly represent their products in the marketplace. More recent additions of heavy metal restrictions on commercial fertilizers are new and unique. Biosolids must meet standards for metals established through risk assessments by the EPA.
The Department of Ecology has drafted guidelines and will revise its state biosolids permit requirements to reflect the Department of Agriculture's rules if they become permanent. The departments of Agriculture and Ecology also have worked on a memorandum of understanding to maintain the cooperation and division of authority between the agencies for biosolids products.