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Biosolids Management

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 working on 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 in fall 1998. CONTACT: Sam Hadeed, AMSA 202/833-4655, or Robin Danesi, EPA 202/260-2991.

Streamlining the State Sewage Sludge Management Regulations - Proposed Rule

Background: On March 11, 1997, EPA published proposed amendments to its State sewage sludge management 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.

Status: EPA submitted the final rule to OMB in March and is scheduled for promulgation in fall 1998. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Wendy Bell, EPA 202/260-9534.

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 in fall1998. 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 plans to meet with Chuck Fox, EPA Assistant Administrator for Water, and the Natural Resources Defense Council to discuss AMSA's concerns with relevant issues in the rulemaking. 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 Plans to Conduct Joint NRC/EPA Survey during Fall 1998

Background: On January 6, 1997, 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, 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. NRC and EPA were receptive to the creation of a steering committee which will provide opportunities to ensure that AMSA's concerns are addressed. 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 on February 25, 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, the Office of Management and Budget contacted AMSA's National Office regarding their review of our comment letter. OMB is currently discussing with EPA and NRC the best mechanism for all parties to proceed with the survey. In early July, 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 Ray Kearney, AMSA's Biosolids Management Committee Co-Chair, and Tom Lenhart with Northeast Ohio Regional Sewer District. The committee will oversee and monitor the results of the survey. In May, AMSA's Board of Directors approved $15,000 to study comparative risk assessment of radionuclide exposure from biosolids. In August, the National Biosolids Partnership approved $6,000 funding for developing a guidance document to assist POTWs in addressing radioactivity potential in sanitary sewers. The document would provide information and technical support to POTWs to facilitate participation in the radiation survey. Questionnaires are expected to be distributed to the 600 POTWs in late-fall 1998. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Brenda Jo. Shelton, NRC 301/415-7233.

National Biosolids Partnership Meets in August

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 in July 1997 to EPA. 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.

Status: The partnership is 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. AMSA Board member, Bob Hite, with Denver Metro Wastewater Reclamation District, serves on the Management Group, comprised of AMSA, WEF, EPA and USDA. A Steering Committee, chaired by AMSA's Dr. Cecil Lue-Hing, will facilitate the selection of the Advisory Group. 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. On March 17, AMSA solicited the assistance of several member agencies to request Congress to appropriate $1 million in the 1999 budget for EPA to support the Partnership. The additional $1 million dollars would most likely support a mechanism to implement the code of good management practices and other initiatives designed to promote public acceptance of biosolids. On June 18, the House Appropriations Subcommittee on VA, HUD & Independent Agencies agreed to include $1 million for the National Biosolids Partnership in their 1999 budget recommendation for EPA. On June 25, the full House committee also maintained the $1 million appropriations for the Partnership. AMSA members have been actively engaged in securing funding for the Partnership. While this legislation still needs a few more steps before it becomes law, the inclusion of our request is significant and bodes will for the success of the Partnership's efforts to develop a Code of Management Practices. AMSA and WEF will now concentrate on ensuring the availability of full allocation in conference between House and Senate appropriations, possibly in September. A working group of the Steering Committee met on August 30-31, to review and evaluate elements of the Code of Management Practice, including a "straw" BEMS 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 BEMS 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 later this year. The Partnership will meet during WEFTEC '98 in early October to review these issues further. CONTACT: Sam Hadeed, AMSA 202/833-4655.