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Biosolids Management

NPDES Permit Application Requirements for POTWs, Form 2S - Proposed Rule

Background: EPA published in the December 6, 1995 Federal Register, a proposed rule which will amend NPDES permit application requirements and application forms for POTWs. As part of the proposed rule, EPA proposes to replace the existing Interim Sewage Sludge form, which only requires the use of existing data, with a Form 2S. The most significant proposed revision, according to EPA, would require POTWs to analyze biosolids and provide data for ten metals, nitrogen, and phosphorus. The proposed rule would also require those POTWs managing pretreatment programs to analyze for most of the priority pollutants. EPA states that it believes the additional information is necessary in order for permitting authorities to issue permits that meet the requirements of the sewage sludge use or disposal regulations. The proposed rule allows waivers where information is already available to the permitting authority. A copy of the proposed regulations and application forms were sent out to the membership via Regulatory Alert RA 96-4 on January 30, 1996. AMSA comments on the proposal were submitted to EPA on March 28, 1996.

Status: EPA expects to publish a final rule in January 1998. CONTACT: Sam Hadeed, AMSA 202/833-4655, or Robin Danesi, U.S. EPA 202/260-2991.

Streamlining the State Sewage Sludge Management Regulations - Proposed Rule

Background: EPA's Office of Wastewater Management is looking at ways to revise the current State sludge program regulations to provide more flexibility to states requesting authorization. EPA has distributed two drafts of proposed changes to Regions, States, and other stakeholders. The streamlined regulations are intended to ease the sludge program authorization process for States.

Status: In the March 11, 1997 Federal Register, EPA published proposed amendments to its regulations that establish requirements for States seeking approval to operate sewage sludge permit programs. The proposed changes would streamline the regulations to ease the authorization process for States, provide flexibility to States in implementing their permit programs, and ensure that permitting determinations are based on environmental and public health considerations. Several highlights of the proposal include: 1) making the requirements for NPDES and non-NPDES sewage sludge management programs the same under 40 CFR Part 501 and deleting provisions in 40 CFR Part 123 that contain State program requirements applying solely to sewage sludge; 2) deleting requirements that State programs have the authority to address sewage sludge storage and transport; 3) allowance for approval of partial sewage sludge management programs; 4) reduced document management requirements; 5) allowing non-NPDES permit terms for up to 10 years; 6) streamlining required permit conditions; 7) deleting requirements that State programs have authority to obtain applications from incinerators and others who request site-specific pollutant limits within 180 days after publication of the applicable standards; and, 8) streamlined public participation requirements. The final rule is scheduled for promulgation in January 1998. CONTACT: Wendy Bell, EPA 202/260-9534, or Sam Hadeed, AMSA 202/833-4655.

Amendments to Round I Final Sewage Sludge Use or Disposal - Proposed Rule

Background: EPA is amending the Round I Final Sewage Sludge Use or Disposal Regulations in two phases. Phase I was published as a proposed rule in the October 25, 1995 Federal Register and suggested additional amendments to the regulations and the General Pretreatment Regulations in order to clarify existing regulatory requirements and provide increased flexibility to permittees and permit authorities. Phase II, Round I will address issues presented by judicial remand of specific requirements in the final rule and modify technical and implementation requirements. Some of the issues that may be addressed include: certification requirements, land application (time of biosolids application requirement), allowance for vector attraction reduction alternatives, pollutant limits for molybdenum and selenium, and measuring temperature in lieu of measuring THC for incineration. The Round II Rule will cover dioxins, dibenzofurans, and co-planar PCBs. EPA has indicated that the Round I Final Sludge Use or Disposal Regulations are being amended to make the incineration requirements in the regulation self-implementing, to provide permitting authorities and the regulated POTWs flexibility in meeting certain requirements, and to make technical corrections to the regulation.

Status: EPA expects to finalize Phase I, Round I sewage sludge use or disposal amendments in January 1998. Round I, Phase II is scheduled for proposal in May 1998, with final promulgation expected in May 1999. EPA plans to propose Round II amendments in December 1999, with promulgation in December 2001. EPA recently indicated to AMSA that the agency is currently re-evaluating the need to pursue a Round II rulemaking process. CONTACTS: Sam Hadeed, AMSA 202/833-4655, Bob Southworth, EPA 202/260-7157 or Al Rubin, EPA 202/260-7589.

NRC Publishes Plan to Conduct Joint NRC/EPA Survey

Background: NRC published in the January 6, 1997 Federal Register, a notice announcing its intent to conduct a joint NRC/EPA survey of sewage sludge ash which will obtain national estimates of the levels of radioactive materials in sludge and ash at POTWs, estimate the extent to which radioactive contamination comes from either NRC/Agreement State licensees or from naturally occurring radioactivity, and support possible rulemaking decisions by NRC and EPA. During an August 4, 1997 meeting with EPA, WEF and NRC, AMSA proposed that its members assist NRC with writing sections of the guidance, EPA develop risk criteria for radionuclides before the survey is conducted, survey design be patterned as a random versus a targeted effort and that NRC form a Steering Committee, that includes AMSA, to review the survey results. The National Office forwarded NRC's "Draft Guidance for POTWs on Radioactive Materials in Sewage Sludge/Ash," to the membership via Regulatory Alert RA 97-15. AMSA and WEF submitted a joint letter to NRC on September 11, 1997, regarding the conduct of the survey and the need to establish a peer review group to oversee and monitor the results. In October 1997, AMSA met with EPA to discuss its longstanding concerns with the manner in which the survey will be conducted and steps that must be taken to resolve these concerns. Underlying these concerns is NRC's lack of information regarding its licensees and what is being discharged into sanitary sewers. Despite the fact that prior incidents of elevated levels of radionuclides at POTWs have posed minimal, if any, health and safety risks, there is concern that appropriate steps will be needed to respond to negative public and employee reaction that would follow news of any elevated readings in this proposed survey as well as the POTW being held responsible for any remediation costs. There is currently a lack of any applicable radiation standards or criteria for biosolids that could be used to evaluate the relative risk of any biosolids sample taken by a POTW participating in the survey.

Status: The NRC published a notice in the December 2, 1997 Federal Register outlining its plans to conduct a joint NRC/EPA survey during the summer of 1998 to characterize radioactive materials in sewage sludge/ash at POTWs and the NRC agreement states. For the planned survey, NRC/EPA will send questionnaires to some 600 POTWs associated with NRC licensees having the highest potential to discharge radioactive material to the sewer system. Using the information gathered, NRC and EPA will identify approximately 300 POTWs for sampling. The objectives of the joint survey are to: 1) obtain national estimates of high probability occurrences of elevated levels of radioactive materials in biosolids and ash at POTWs; 2) estimate the extent to which radioactive contamination comes from either NRC/agreement state licensees or naturally occurring radioactivity; and 3) support rulemaking decisions by NRC and EPA. The information will be used in developing joint NRC/EPA guidance for POTWs to determine sources of radioactive materials, describe sampling and analysis procedures, and advise whether a response is needed to the presence of radioactive material in biosolids. The Federal Register notice and supporting information were forwarded to the membership via Regulatory Alert, RA 97-26. AMSA requested comments by December 29, 1997 to meet the OMB deadline of January 2, 1998. Representatives from AMSA, WEF, NRC and EPA met on December 8, 1997 to discuss issues related to the planned survey. AMSA asserted that the POTW community desires active participation as full partners with the NRC and EPA in conducting and evaluating a radioactivity survey and supports NRC supplemental rulemaking of its licensees that discharge such wastes into sanitary sewers. Potential concerns with adverse public reaction to any levels of radioactivity in biosolids, in the absence of a background exposure comparison table and the impact of such findings on future land application practices were also voiced. In particular, AMSA expressed the desire to implement reasonable safeguards to minimize future problems that may result from licensee dischargers of radionuclides into sanitary sewers. AMSA provided NRC and EPA with a copy of several action items that would facilitate POTW active participation in a survey and recommended the: 1) creation of a Survey Committee including AMSA, WEF, and interested parties to plan and evaluate results; 2) clarification of legal authority of POTWs to regulate licensees under the pretreatment program; 3) development of exposure comparison table to evaluate survey results against background sources of radioactivity; 4) NRC provision, to POTWs, of a list of licensees with potential to discharge elevated levels and a mechanism to report the type of radionuclides discharged; and 5) incorporation of AMSA's recommendations in a proposed guidance document to assist the POTW community in addressing radioactivity in sanitary sewers. NRC and EPA were receptive to the creation of the Survey Committee which will provide opportunities to ensure that other action items can be implemented. AMSA submitted comments to the Office of Management and Budget and NRC on January 2, 1998. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Brenda Jo. Shelton, NRC 301/415-7233.

USDA National Organic Program - Proposed Rule

Background: In the December 16, 1997 Federal Register, the U.S. Department of Agriculture (USDA) issued its proposed National Organic Program to facilitate commerce in organically produced fresh and processed food, and to assure consumers that such products meet consistent standards. The program, proposed under the Organic Foods Production Act of 1990, requires the establishment of national standards to govern the marketing of organically produced agricultural products. This rule would establish national standards for the organic production and handling of agricultural products, and would include: a list of synthetic substances approved for such use; labeling requirements; and an accreditation program. A USDA organic seal would apply to processed foods containing at least 95% organic ingredients. Foods containing 50-94 % organic ingredients would be labeled as "made with certain organic ingredients." A USDA advisory group, the National Organics Standards Board (NOSB), recommends classifying biosolids as "synthetic" and inappropriate for use in organic crop production. The NOSB views biosolids as a complex mixture of components and pollutants surrounded by an organic matrix derived from industrial and commercial effluents. The proposal references the Part 503 sewage sludge regulation relating to the amount of cadmium and lead that can be applied to the soil, the amount of PCBS in the biosolids, and the relative accumulation of heavy metals into edible plant parts. Under these and other restrictions contained in Part 503, the NOSB contends that biosolids can be safely used in conventional agriculture. However, the viability of a significant number of biosolids beneficial use programs in the U.S. may be compromised if this policy holds up in the final rule. The proposed rule was issued over objections made by EPA and flies in the face of good science and public considerations. It allows the use of raw animal manure in organic crop production with little or no animal manure quality requirements, such as pathogen reduction, or elimination and management practices, site controls, and harvesting restrictions as are required under Part 503 sludge regulation. Neither does the proposed rule contain any technology or performance standards for the composting process as is required for biosolids composting under the Part 503 Rule. During the interagency review process, EPA requested that the proposal be corrected to omit practices that may cause disease, and to include biosolids as a suitable material for organic food production.

Status: USDA is inviting comments on whether the use of biosolids should be permitted or prohibited in organic production. USDA also invites comments on the classification of biosolids as a synthetic vs. non­synthetic substance. Comments should detail the basis for the recommendation, including the agricultural, policy, technical, or scientific factors. The 90-day comment period ends on March 16, 1998. Copies of the National Organics Program were forwarded to the AMSA membership via Regulatory Alert 97-27, with comments due to the National Office by January 12, 1998. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Michael Hankin, USDA 202/720-3252.

AMSA, WEF and EPA Moving Forward With National Biosolids Partnership

Background: In February 1993, EPA released its final Part 503 rule governing the use and disposal of biosolids. In 1995, the Agency proposed transferring most of its biosolids management role to states and other stakeholders. In response to the proposal, biosolids stakeholders, including AMSA, developed a "vision" for the national biosolids management program. On May 15-16, 1997, AMSA and WEF hosted a two-day stakeholder seminar designed to build consensus on the future direction of EPA's biosolids management program, identify what is missing from the management plan and stakeholder "vision," and develop further ideas for the successful implementation of a biosolids management plan that protects public health and the environment and instills public confidence. The development of a code of good practice, including a form of an environmental management system for biosolids, was considered that would include training and third-party verification. Copies of the revised stakeholder report were forwarded jointly by AMSA and WEF in July 1997 to EPA.

Status: EPA announced in early August 1997 that it will reactivate funding and staff resources to the biosolids management program and invited AMSA and WEF to form a partnership to identify and coordinate activities related to biosolids. EPA has identified the following priority areas that it would like to pursue and fund over the next fiscal year, including: 1) preparation of a code of good management practices for biosolids with third-party verification; 2) conducting a biosolids quality survey to compare data from 1988-1989 with post-Part 503 quality; 3) formation of SWAT teams comprised of biosolids experts to assist in the investigation and preparation of quick responses of significant alleged problems; 4) renewed EPA oversight by the Office of Enforcement & Compliance Assurance to develop enforcement priorities and provide compliance assistant; and, 5) work as partners in a biosolids group to provide technical assistance and research into emerging national issues such as radioactivity, dioxin, pathogens, and animal manures. The partnership will be comprised of a National Biosolids Management Group, established to plan and implement Partnership activities, and a Biosolids Advisory Committee, to represent a majority of biosolids stakeholders and will convene to advise the Partnership. AMSA's Board of Directors approved Association participation in the partnership and selected Board member Bob Hite with Denver Metro Wastewater Reclamation District, to serve on the Management Group, comprised of AMSA, WEF, EPA and USDA. EPA has made approximately $250,000 available in 1998 to the discretion of the Partnership in expenditures. An additional $250,000 has been earmarked by EPA for other tasks with some $300,000 for non-specific projects that may require general funding from external sources. During an October 21, 1997 meeting, the Management Group discussed the development of a list of stakeholder groups and qualifying criteria to select potential candidates to advise the partnership. A revised matrix of projects and budgets, stakeholder selection criteria and time table of events will be presented at the next Management Group meeting on January 14, 1998 in Denver, CO. The kick-off date for the partnership is anticipated in January 1998. CONTACT: Sam Hadeed, AMSA 202/833-4655.