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.