Streamlining the State Sewage Sludge Management Regulations

[ttweed@wildrockies.org (Tony Tweedale)]

not up to speed, but a scan shows all the hallmarks of EPA weking a reg
under cover of general feel-good words ("providing adequate prtection").
Note EPA's statement that it wants to promote use of the term 'biosolids'
to replace 'sewage sludge'.
---

[Federal Register: August 24, 1998 (Volume 63, Number 163)]
[Rules and Regulations]
[Page 45113-45127]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au98-10]


[[Page 45113]]

_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 123 and 501



State Sewage Sludge Management Regulations Streamlining; Final Rule


[[Page 45114]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 123 and 501

[FRL-6145-8]
RIN 2040-AC87


Streamlining the State Sewage Sludge Management Regulations

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is today amending
its regulations that establish the conditions for States seeking EPA
approval to operate sewage sludge permit programs pursuant to the Clean
Water Act (CWA). Existing requirements were modeled on the National
Pollutant Discharge Elimination System (NPDES) requirements for EPA
authorization of State wastewater effluent discharge programs. Many
States, however, manage sewage sludge through State solid waste
programs that are often structured quite differently from the NPDES
programs. As a result, existing State sewage sludge programs would
require significant changes for EPA approval under the current
requirements. EPA is eager for States with well-run sewage sludge
management programs to obtain approval to operate their own permit
programs under the CWA without having to make unnecessary
administrative and programmatic changes unrelated to protection of
public health and the environment. Consequently, today's changes
streamline the current regulations to ease the authorization process
for States. These changes will provide flexibility to States in
implementing their permit programs, and, at the same time, ensure that
permitting determinations are based on environmental and public health
considerations.

EFFECTIVE DATE: The final rule is effective on September 23, 1998.
Section 501.15(d)(1)(i)(B) is stayed until the future publication of 40
CFR 122.21(q). EPA will publish a document announcing the effective
date of Sec. 501.15(d)(1)(i)(B).

FOR FURTHER INFORMATION CONTACT: Wendy Bell, (202) 260-9534, Permits
Division (4203), U.S. EPA, 401 M Street S.W., Washington, D.C., 20460.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action are governmental
entities responsible for implementation of the State Sewage Sludge
Management Program. Regulated entities include:

------------------------------------------------------------------------
                Category                  Examples of regulated entities
------------------------------------------------------------------------
State and Tribal government............  States and Tribes that request
                                          authorization of their sewage
                                          sludge management program.
Federal government.....................  EPA Regional offices that
                                          approve State sewage sludge
                                          management programs.
------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your organization is regulated by this action, you should carefully
examine the applicability criteria in parts 123 and 501 of title 40 of
the Code of Federal Regulations. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Information in the preamble is organized as follows:

I. Background
    A. Water Quality Act of 1987
    B. EPA's Sewage Sludge Management Program
II. Description of Today's Final Rule and Response to Comments
    A. General
    B. Part 123
    C. Part 501
III. Regulatory Requirements
    A. Executive Order 12866
    B. Executive Order 12875
    C. Paperwork Reduction Act
    D. Regulatory Flexibility Act
    E. Unfunded Mandates
    F. Submission to Congress and the General Accounting Office
    G. National Technology Transfer and Advancement Act
    H. Executive Order 13045

I. Background

    Implementation of the CWA has increased the extent to which
wastewater is treated before being discharged to surface waters. At
publicly owned treatment works (POTWs), implementation of secondary and
advanced treatment requirements under the NPDES Program has improved
effluent quality while increasing the amount of sewage sludge being
generated. EPA estimates that 7 million dry metric tons of sewage
sludge is generated by about 19,500 domestic wastewater facilities.
Proper management of this growing amount of sewage sludge is becoming
increasingly important as efforts to remove pollutants from wastewater
become more effective.
    Several options exist for dealing with these vast quantities of
sewage sludge. One such option is beneficial use. EPA considers sewage
sludge a valuable resource since it contains nutrients and has physical
properties that make it useful as a fertilizer and soil conditioner.
Sewage sludge has been used for its beneficial qualities on
agricultural lands, in forests, for landscaping projects, and to
reclaim strip-mined land. EPA will continue to encourage such
practices.
    Regulation of the use or disposal of sewage sludge is important
because improper use or disposal can adversely affect surface water,
ground water, wetlands, and public health through a variety of exposure
pathways. The multi-media nature of the risks and exposure pathways
requires a comprehensive approach to protect public health and the
environment in order to promote the beneficial use of sewage sludge and
ensure that solving problems in one medium will not create problems for
another.
    EPA notes that the term ``biosolids'' is now being used by
professional organizations and other stakeholders in place of ``sewage
sludge'' to emphasize that it is a resource that can be recycled
beneficially. EPA plans to work with these stakeholders to establish a
definition for ``biosolids'' that is consistent with the definition of
``sewage sludge'' in the CWA. In the meantime, EPA encourages the use
of the term ``biosolids'' in order to promote public acceptance of
beneficial uses for these residuals of wastewater treatment.

A. Water Quality Act of 1987

    Section 406 of the Water Quality Act of 1987, which amended section
405 of the CWA, established a comprehensive program for reducing the
risks to public health and the environment from the use or disposal of
sewage sludge. This program included a requirement for EPA promulgation
of sewage sludge standards. Furthermore, the 1987

[[Page 45115]]

amendments required that all NPDES permits issued to POTWs and other
treatment works treating domestic sewage (TWTDS) contain conditions
implementing sewage sludge standards, unless such conditions are
included in other permits. The other permits may either be other
federal permits or State permits issued under approved State programs.
The amendments also provided that the Administrator may issue separate
sewage sludge permits to TWTDS that are not subject to section 402 of
the CWA or to any of the other listed permit programs. However, the
amendments provided that the standards for use or disposal are
enforceable directly against any user or disposer of sewage sludge
under section 405(e) of the CWA. In other words, a TWTDS and any other
user or disposer must comply with the standards by the statutory
compliance deadlines whether or not a permit incorporating the
standards has been issued to the TWTDS.

B. EPA's Sewage Sludge Management Program

    In 1989, EPA published regulations that establish the requirements
and procedures a State must follow to obtain approval to operate a
State sewage sludge management program under section 405(f)(1) of the
CWA. These regulations established the requirements for States that
chose to implement their sewage sludge programs through existing State
NPDES programs (40 CFR part 123) as well as requirements for States
that chose non-NPDES sewage sludge programs (40 CFR part 501) as the
vehicle for managing sewage sludge in their States. These regulations
also revised the NPDES permit requirements and procedures (parts 122
and 124) to incorporate sewage sludge permitting requirements. See 54
FR 18716 (May 2, 1989). On February 19, 1993 (58 FR 9404) these
regulations were modified to allow for phased permit application
submittal procedures. The basic requirements and procedures for States
which seek EPA approval to administer a sewage sludge management
program are the same under part 123 and part 501. EPA published the
requirements in both places based on the belief that States that choose
to add sewage sludge to their NPDES programs would find it easier if
the requirements and approval procedures for the sewage sludge program
were included along with the other NPDES requirements in part 123.
    State assumption of the sewage sludge program is optional and until
State sewage sludge programs are authorized, EPA will administer the
program. Two States (Utah and Oklahoma) have been authorized at this
time. EPA is working with a number of other States seeking
authorization for the Federal sewage sludge permit and management
program.
    In discussions with these States, EPA found that the sewage sludge
management program regulations were often a barrier to authorization.
Given the wide and successful regulation of sewage sludge use or
disposal by a number of States, EPA undertook a review of its
regulations looking at ways to simplify the approval process.
    In order to provide greater flexibility to the States, EPA is
modifying its sewage sludge management program regulations to
accommodate more administrative and programmatic variations in State
programs. EPA stresses that its willingness to allow greater variation
in the State permit programs does not mean that the Agency will retreat
from its responsibility to ensure public participation and protection
of public health and the environment. EPA will not approve State
programs that do not provide adequate protection.

II. Description of Today's Final Rule and Response to Comments

[BIG SNIP]