Biosolids Management
NPDES Permit Application Requirements for POTWs, Form 2S - Proposed RuleBackground: 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.
EPA Withdraws Anticipated Proposed Rule on Radiation Site Cleanup
Background: EPA's Office of Radiation & Indoor Air (ORIA) has been considering 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). AMSA had been 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 has recommended that EPA not publish the "lookup" table which would have included the limit and potentially impede future beneficial use practices. 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. The rule had been anticipated for notice by Spring 1997.
Status: EPA withdrew the Proposed Rule on Radiation Site Cleanup from OMB in February. DOE reached the conclusion that any cleanup standard based on a 15 millirem or less exposure is unworkable and overly protective. CONTACT: Sam Hadeed, AMSA 202/833-4655, or John Karhnak , EPA 202/233-9237.
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. EPA has solicited comment on the proposed rule by May 12, 1997. 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.
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. AMSA has learned recently that one of our major recommendations in response to the proposed Round I regulatory revisions; monitoring temperature as a surrogate for continuous THC/CO monitoring, may be allowed as an option for POTWs under the final rule. EPA expects to finalize Phase I, Round I sewage sludge use or disposal amendments by April 30, 1997. EPA plans to propose Phase II, Round I amendments in November, with promulgation by June 1998. CONTACTS: Sam Hadeed, AMSA 202/833-4655 or Bob Southworth, EPA 202/260-7157.
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 were due by March 7, 1997. AMSA, WEF and EPA will meet on May 6 to review the NRC sampling proposal. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Brenda Jo. Shelton, NRC 301/415-7233.