SB 5245 — Concerning biosolids.

S-1362.2S-0018.3 SUBSTITUTE SENATE BILL 5245 State of Washington 68th Legislature 2023 Regular Session By Senate Environment, Energy & Technology (originally sponsored by Senators J.

Wilson, Holy, Muzzall, and Schoesler)Schoesler READRead FIRSTfirst TIMEtime 02/13/23.01/11/23.

Referred to Committee on Environment, Energy & Technology.

1 SSBSB 5245 (f) The United States environmental protection agency reported that biosolids may contain PFAS chemicals and the agency is conducting a risk assessment for some of those chemicals.

(2)(a)(2) "Bulk biosolids" means biosolids that are not sold or given away in a bag or other container holding less than one metric ton for application to the land.

(b) Bulk biosolids do not include second generation biosolids products covered under section 4.6.1 of the Washington state general permit for biosolids management and biosolids sold or given away for residential or garden use.

(((4))) (5) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a publicly owned wastewater treatment plant.

2 SSBSB 5245 (((4)))(6) (5)"PFAS "Municipalchemicals" sewagehas sludge"the meanssame ameaning semisolidas substancedefined consistingin ofRCW settled70A.350.010. sewage solids combined with varying amounts of water and dissolved materials generated from a publicly owned wastewater treatment plant.

(6) "PFAS chemicals" has the same meaning as defined in RCW 70A.350.010.

Rules adopted under this section must require written notice to be provided to the residentsowners of properties adjacent to the land application site before land application of bulk biosolids may be approved.

(6)(a)(6) By DecemberJuly 30,1, 2026,2025, the department shall establish pollutant limits for PFAS chemicals in biosolids, based on statethe specificresults dataof gatheredthe throughUnited theStates studyenvironmental ofprotection biosolidsagency's inrisk Washingtonassessment p.for PFAS chemicals in biosolids.

3(7) SSBThe 5245biosolid state.management program must ensure that biosolids are tested for PFAS chemicals for which a pollutant limit has been p.

The3 departmentSB shall5245 considerestablished theby results of the Uniteddepartment. States environmental protection agency's risk assessment for PFAS chemicals in biosolids, if available, and other accredited risk assessment tools when setting a PFAS standard.

(b)The Iftest theresults departmentmust isbe unable,recorded withand reasonablemade diligence,available to complete the rulepublic. making under chapter 34.05 RCW by the date provided in this subsection for the establishment of PFAS pollutant limits, the department may issue a general order to biosolids facilities within the state requiring compliance with any initial PFAS limits determined by the department until a rule permanently establishing such limits is in effect.

(7) By July 1, 2026, the department shall complete an analysis of the levels of PFAS chemicals in biosolids produced in Washington state and provide a report of the analysis to the appropriate committees of the legislature and members of the public.

Fees shall be established in amounts to recover expenses incurred by the department in processing permit applications and modifications, reviewing related plans and documents, monitoring, evaluating, conducting inspections, overseeing performance of delegated program elements, testing, mapping, and p.providing technical assistance and supporting overhead expenses that are directly related to these activities.

4 SSB 5245 providing technical assistance and supporting overhead expenses that are directly related to these activities.

(4)p. The department shall make available on the department's website information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.

4 SB 5245 (4) The department shall make available on the department's website information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.

5 SSBSB 5245