Member Pipeline - Regulatory - Alert (RA 04-05)
To: Members & Affiliates, Biosolids Management Committee
From: National Office
Date: February 20, 2004
Subject: MEMBERS URGED TO COMMENT ON BIOSOLIDS COMPOST DESIGNATION
Reference: RA 04-05
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March 19, 2004
On December 10, 2003, the U.S. Environmental Protection Agency (EPA or the Agency) proposed revisions to its Comprehensive Procurement Guidelines (CPG) (68 Fed. Reg. 68813) and Recovered Materials Advisory Notice (RMAN) (68 Fed. Reg. 68919). EPA is proposing to change the existing compost designation in the CPG to include compost made from manure or biosolids, and add a new designation for fertilizers made from recovered organic materials, which could include biosolids. These revisions, if finalized, would increase demand for products containing biosolids and provide further support for the beneficial reuse of biosolids. On January 30, 2004, AMSA commented (http://www.amsa-cleanwater.org/private/legreg/outreach/2004-01-30RCRA.pdf) in support of the Agency’s proposal. AMSA encourages its members to submit supportive comments to the Agency by the newly extended March 19, 2004 deadline.
Under section 6002 of the Resource Conservation and Recovery Act (RCRA) of 1976, entities using federal funds to procure materials designated in the CPG are required to purchase those materials with the highest level of recovered materials practicable. Section 6002 was designed to leverage the purchasing power of the federal government to increase the demand for products containing recovered materials. By revising its definition of compost to include biosolids and adding a designation for fertilizers containing recovered organic materials, EPA is effectively adding biosolids to its list of items whose procurement will carry out the objectives of section 6002 of RCRA – clearly a positive outcome for the biosolids community. Numerous activists groups are vocally opposing the proposed changes and EPA needs to hear from publicly owned treatment works that they support the proposed revisions.
The initial public comment period for this proposed rule ended on February 9, 2004. On February 18, 2004, the Agency reopened the comment period comment period which will now close on March 19, 2004 (69 Fed. Reg. 7637). Again, AMSA urges its members to comment in support of the revisions. Members should feel free to use all or part of the Association’s comments (found at http://www.amsa-cleanwater.org/private/legreg/outreach/2004-01-30RCRA.pdf) or submit their own. The Federal Register notice for the CPG, which will include instructions for filing comments, can be found at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2003_register&docid=fr10de03-24.pdf, and the notice for the RMAN can be found at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2003_register&docid=fr10de03-82.pdf. Further questions should be directed to Chris Hornback, AMSA’s Director of Regulatory Affairs at 202/833-9106 or via email at chornback@amsa-cleanwater.org.