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BIOSOLIDS MANAGEMENT
Proposed and Final Rules - Notices

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 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. The Interim Sewage Sludge Form only requires the use of existing data. 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.
Status: 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. EPA has begun comment review and expects to publish a final rule in August 1997. CONTACTS: Sam Hadeed, AMSA (202) 833-4655, or Wendy Bell, U.S. EPA (202) 260-9534.

Radiation Site Cleanup - Anticipated Proposed Rule

Background:
EPA's Office of Radiation & Indoor Air (ORIA) is developing regulations which set cleanup standards for contaminated sites if released from federal control, Nuclear Regulatory Commission (NRC) license or an NRC agreement state license (states which have signed accords with NRC allowing the state to regulate the use of radioactive material within that state). The rule is one part of an overall regulatory approach that EPA, NRC, and the Department of Energy (DOE) are developing to address the risk from radioactively contaminated material. AMSA is concerned with the radionuclide limit and the risk analysis used to develop the rule, in that many municipal biosolids, while not currently regulated for radionuclides, may exceed the limit of 15 millirems for which the Agency is proposing as a "safe" level for radiation contaminated sites. AMSA is concerned about the public perception of biosolids which exceed the Agency's proposed "safe" levels, and whether the Office of Water may apply the radionuclide limits to EPA's biosolids management program. NRC is currently delaying a similar rule until EPA proposes or finalizes its rule. Under an agreement with EPA, NRC licensees and agreement states would be exempt from EPA's standard if EPA finds that NRC's rule is sufficiently protective.

Status: The rule is anticipated for notice by Spring 1997. Although the Office of Management and Budget has not taken any action on the rule since March 1996, AMSA successfully urged EPA to drop the proposed "lookup" table, which included the 15 millirem dose limit, from the upcoming 40 CFR Part 196 rule. CONTACT: Sam Hadeed, AMSA (202) 833-4655, or John Karhnak, EPA at (202) 233-9237.

Streamlining the State Sewage Sludge Management Regulations - Anticipated 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: A proposal for streamlined regulations is expected in January 1997. In a recent development, EPA officials have discussed the possibility of developing general sludge permits as a mechanism for encouraging adoption of state programs, and for fulfilling EPA's obligation as the biosolids permitting authority in all but one state (Utah). In the November 15 Federal Register, EPA issued a notice of a proposed NPDES General Permit and reporting requirements for disposal of municipal sewage sludge for POTWs in Louisiana. Comments on the proposed permit were due by January 14, 1997. CONTACT: Ellen Caldwell, EPA Region 6 (214) 665-7513 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 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), pollutant limits for molybdenum and selenium, measuring temperature in lieu of measuring THC for incineration.

Status: EPA has indicated that the Round I Final Sludge Use or Disposal Regulations is 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. EPA expects to finalize Phase I, Round I sewage sludge use or disposal amendments in March 1997. EPA plans to propose Phase II, Round I amendments in March 1997. CONTACTS: Sam Hadeed, AMSA (202) 833-4655 or Bob Southworth, EPA (202) 260-7157.

Policies, Reports, Guidance Documents, Meetings

AMSA-WEF to Issue National Inventory of Biosolids Beneficial Use Activities

Background:
Recently, AMSA, in cooperation with WEF and others, undertook the development of an inventory of the beneficial use of biosolids in the U.S. The inventory will provide baseline information on biosolids beneficial use practices, state regulations and significant implementation issues. The project will also produce a summary report for distribution. It is anticipated that this inventory will be maintained to help respond to inquires for information regarding beneficial use practices and projects. During the development of the regulations for the use and disposal of biosolids, EPA reviewed extensive world-wide data, including findings from field trials and laboratory experiments on the human health and environmental impacts for the use or disposal of biosolids. Information gathered from these field trials and biosolids sites demonstrates no environmental degradation or human health impacts when used in accordance with federal criteria. Applications of biosolids have resulted in increased soil fertility due to additions of macro and micro nutrients, increased organic matter content of the soil, and increased moisture delivery to the ecosystem. There were no documented negative human health impacts when the biosolids that have meet all of the federal regulations have been applied under good management practices. The report is intended to be a "snapshot" of biosolids practices and regulations, to be compared with future updates as an aid in evaluating the progress in promoting beneficial use and implementing the Part 503 Rule.

Status: The report is expected in early Spring 1997 and will be available to the membership at that time. Contact: Sam Hadeed, AMSA (202) 833-4655.
Nuclear Regulatory Commission (NRC) Developing POTW Radioactivity Survey

Background: The NRC and EPA are planning to conduct a small-scale test survey of nine POTWs to determine levels of radionuclides in their biosolids. The survey is being conducted as a test run for a larger radionuclides survey the agencies plan to conduct with hundreds of POTWs across the country to obtain data on levels of radioactivity from naturally occurring and man-made isotopes. The results of this larger survey could lead to NRC/EPA rulemaking to further control the concentration of radionuclides discharged to POTWs by NRC licensees. Any rulemaking arising from the survey is expected to apply additional restrictions to NRC licensed industries and businesses that discharge radioactive materials into sewer systems, but will not be used for enforcement purposes by either NRC or EPA. The results of the survey could also be used to determine whether POTWs should be given more authority to impose local limits or controls on NRC licensees discharging into their sewer systems. Survey information will also be used to further develop NRC/EPA guidance for POTWs to help them characterize sources of radioactivity, describe sampling and analysis procedures, and advise them on appropriate responses for addressing the presence of radioactive material in their biosolids.

Development of this guidance has already begun, and the agencies are considering whether to include a table of acceptable concentrations for each radionuclide in treatment plant's end products. The agencies' interest in radioactive sludge was sparked in the early 1990's following the discovery of radioactive contamination at several wastewater treatment facilities caused by the reconcentration of certain radioactive isotopes during the wastewater treatment process. The NRC revised its sewer disposal criteria for its licensees, and began working with EPA on a coordinated regulatory review of radioactive contamination of biosolids. NRC does not require POTWs to test for radioactive materials in biosolids unless some prior evidence of a problem exists. The EPA standard for the use and disposal of biosolids (Part 503) does not include radionuclides. EPA had planned to include analysis of radiation in biosolids and incinerator ash in its 1996-97 national biosolids survey, but did not have sufficient funding. While AMSA conducted a voluntary anonymous survey of 75 of its member agencies, NRC considered the effort limited in scope, and deemed that a more extensive survey would be needed to justify any future rulemaking of its licensees. All information collected in the survey will remain confidential, according to NRC and EPA officials, with each participating POTW being assigned a code number to ensure anonymity. The codes will only be known by a small group of EPA officials, and future access to POTW identities -- if needed due to elevated radioactivity levels -- will be strictly controlled on a need to know basis.

Status: AMSA's Biosolids Management Committee has reviewed a draft OMB clearance scope of work. NRC published in the January 6, 1997 Federal Register, a notice announcing is intent to conduct a joint NRC/EPA survey of sewage sludge ash. The survey 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. NRC and EPA will send questionnaires to selected POTWs. Based on the results of that survey, NRC will identify approximately 300 POTWs from which samples of sewer sludge/ash will be taken and analyzed. Results of the full survey will be published for use by Federal agencies, States, POTWs and local POTW offices. Public comments are due by March 7, 1997. CONTACT: Sam Hadeed, AMSA (202) 833-4655 or Brenda Jo. Shelton, NRC (301)415-7233.

Region V Reconsidering Proposed Prohibition of Use of Emergency-Bypass Contained in Draft Incineration Permit for Minneapolis-St.Paul

Background:
EPA Region V recently public noticed a draft sludge incinerator permit for the Metropolitan Council of Environmental Services (MCES) in St. Paul, MN. The draft permit is the first of its kind for EPA Region V and goes far beyond the requirements outlined within the Part 503 sewage sludge regulation, including a prohibition of emergency bypass stacks. There has been a concern, that this permit, when final, will become a "model" sludge incinerator permit for EPA Region V.

Status: There is currently an understanding that EPA Region V, as a result of discussions with EPA Headquarters and an August 12, 1996 meeting with incinerator operators in the Region, will be delaying issuance of MCES incinerator permit until EPA finalizes its Round I, Phase I technical amendments to the sewage sludge rule. AMSA's Incineration Workgroup forwarded on November 14, 1996, detailed information and test data which indicated no adverse impact of the use of emergency relief stacks on human health and the environment. It is expected that Region V will incorporate comments from AMSA members who incinerate and others in the operator community into the next proposed MCES draft permit, which will be circulated for public comment. CONTACT: Sam Hadeed, AMSA (202) 833-4655.

Related Items of Interest

Sections of the US EPA's dioxin reassessment are not expected to be submitted for formal peer review until early 1997. The delay in review, which was scheduled to take place last month, is mainly due to the incompleteness of the summary regarding dioxins' health effects. According to a draft version of the risk characterization, dated September 24, 1996 several important sections from the earlier version have not yet been revised or rewritten. The Toxic Equivalency Factors (TEF) portion and several other missing sections, including the conclusion, were scheduled to be drafted by EPA staff by late November. EPA hopes for approval from the Science Advisory Board by February, 1997.