Biosolids Management
NPDES Permit Application Requirements for POTWs, Form 2S - Proposed Rule
Background: On December 6, 1995, EPA published a proposed rule to amend NPDES permit application requirements and application forms for POTWs, replacing the existing Interim Sewage Sludge form, which only requires the use of existing data, with a Form 2S, requiring POTWs to analyze biosolids and provide data for ten metals, nitrogen, and phosphorus. The proposed rule also requires those POTWs managing pretreatment programs to analyze for most of the priority pollutants. The proposed rule allows waivers where information is already available to the permitting authority. A copy of the proposal was distributed 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 is currently finalizing changes to the municipal sludge application requirements and forms which were published in the December 1995 proposed rule. EPA expects to publish the final rule by January 1999. CONTACT: Sam Hadeed, AMSA 202/833-4655, or Robin Danesi, EPA 202/260-2991.
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. EPA proposed Phase I on October 25, 1995, 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. 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 by January 1999. EPA plans to make the incineration portion of this rule self-implementing and require either THC or CO monitors installed within 12 months following final promulgation. AMSA met with the Natural Resources Defense Council (NRDC) in November 1998 to discuss AMSA's concerns with relevant issues in the rulemaking, Section 129 of the CAA, dioxin, and opportunities for the two organizations to reach common ground. AMSA also submitted a letter to EPA outlining several recommendations to accomplish this objective. EPA is currently evaluating these options. Round I, Phase II is scheduled for proposal in March 1999, with final promulgation expected in March 2000. 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 or Al Rubin, EPA 202/260-7589.
NRC /EPA to Conduct Survey of Radionuclide Content of POTW Biosolids in Early 1999
Background: On January 6, 1997, the Nuclear Regulatory Commission (NRC) published 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, and 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. On December 2, 1997, NRC published a notice 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.
Status: AMSA met with NRC and EPA several times in late 1997. AMSA continued to stress the need for a peer review group or steering committee, to include AMSA, to oversee and monitor the testing and results. Through numerous meetings and correspondences, AMSA has emphasized concerns with NRC's lack of information regarding its licensees and what is currently discharged into sanitary sewers. AMSA also 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 submitted comments to the Office of Management and Budget and NRC on January 2, 1998. The National Office met with NRC's Inspector General's Office in February 1998, to discuss NRC's cooperation in addressing AMSA's concerns with the survey and NRC's efforts to implement the General Accounting Office's May 1994 recommendations. In March 1998, the Office of Management and Budget contacted AMSA's National Office regarding their review of our comment letter. In early July, 1998, OMB cleared the joint NRC-EPA survey and based on AMSA's recommendations, has required the two agencies to establish a survey review committee, to include Kevin Aiello, AMSA's Pretreatment & Hazardous Waste Committee Vice Chair, and Tom Lenhart with Northeast Ohio Regional Sewer District. The committee will oversee and monitor the results of the survey. In May 1998, AMSA's Board of Directors approved $15,000 to study comparative risk assessment of radionuclide exposure from biosolids. In August, 1998 the National Biosolids Partnership approved $6,000 funding for developing a guidance document to assist POTWs in addressing radioactivity potential in sanitary sewers and would provide $25,000 to fund a more comprehensive comparative risk assessment project initially approved by AMSA. The guidance document would provide information and technical support to POTWs to facilitate participation in the radiation survey. The guidance document will be available in early 1999 and will be distributed to the membership via a Regulatory Alert. Questionnaires are expected to be distributed to the 600 POTWs in April 1999. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Brenda Jo Shelton, NRC 301/415-7233.
National Biosolids Partnership Meets in January
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. Copies of the revised stakeholder report were forwarded jointly by AMSA and WEF to EPA in July 1997. 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, 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.
Status: The partnership is comprised of a National Biosolids Management Group, established to plan and implement Partnership activities, a Steering Committee and an Advisory Committee, to represent a majority of biosolids stakeholders. AMSA Board member, Bob Hite, Denver Metro Wastewater Reclamation District, serves as chair of the Management Group, comprised of AMSA, WEF and EPA. A Steering Committee is chaired by AMSA's Dr. Cecil Lue-Hing. EPA has made $250,000 available in 1998 for projects including: development of a code of good management practices manual; updating a national communications plan; development of pretreatment success stories; and, set-up of an information clearing house to provide multi-media information on CD-ROM. In September, 1998 the House Appropriations Subcommittee on VA, HUD & Independent Agencies agreed to include a $900,000 appropriation for the National Biosolids Partnership in their 1999 budget recommendation for EPA. A working group of the Steering Committee met on August 30-31, 1998 to review and evaluate elements of the Code of Management Practice, including a “straw” Management System for Biosolids (MSB) and outline for a National Manual of Management Practices. Representatives of the Working Group also met with the communications firm of Powell-Tate to discuss updating the communication plan to reflect the MSB initiative as a process to enhance public acceptance. The Management Committee also approved a funding request to support the development of a radioactivity guidance document to assist POTW operators to characterize discharges of radionuclides from licensees and prepare for the POTW radioactivity survey expected this spring. The guidance is expected in early 1999 and will be distributed to all AMSA members. AMSA's Board of Directors at its September 1998 leadership meeting passed a motion supporting independent third party verification as an essential element of the Environmental Management System (EMS) for biosolids. The Water Environment Research Foundation was recently selected to administer the development of the manuals of practice work activity, and distributed a request for proposals in February 1999 for contractor support. The Work Group met in Washington, DC on January 14-15, 1999 and during the WEF Biosolids Specialty Conference in Charlotte, NC, on January 26-28. The Management Committee met at AMSA's Winter Conference in Phoenix to discuss ongoing efforts and progress in developing the EMS for biosolids to promote public acceptance of biosolids management practices. Several project leaders within the Steering Committee were identified to lead efforts to coordinate the over $700,000 in EMS-related projects that will soon be issued as requests for proposals for contractor bids. The Partnership is actively pursuing Congressional approval of a $1.775 million appropriations in EPA's FY 2000 budget to support the Partnership. AMSA members were encouraged to submit letters by mid-February to their congressional representatives on the Appropriations Subcommittee on VA, HUD & Independent Agencies. The Committee also requested $12,000 in Technical Action Fund support via the Regulatory Policy Committee to facilitate AMSA's efforts to secure this appropriation. A large portion of the increased appropriations request from FY1999 is designed to support pilot testing of the EMS at a number of wastewater agencies throughout the country. An annual report describing the goals and objectives and activities of the NBP was distributed to the membership in late January. A CD-ROM program containing all core Part 503 documents and guidance will be distributed at no cost to all AMSA members in early 1999. AMSA is also taking a lead in developing a “pretreatment success series” brochure based on agency efforts to improve biosolids quality through enhanced pretreatment programs. The Management Committee will meet on March 9-10 in Denver, CO to discuss strategic planning objectives for the NBP. CONTACT: Sam Hadeed, AMSA 202/833-4655.