Search

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 expects to publish a final rule in January 1998. CONTACT: Sam Hadeed, AMSA 202/833-4655, or Robin Danesi, U.S. 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: The final rule is scheduled for promulgation in March 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 January 1998. Round I, Phase II is scheduled for proposal in May 1998, with final promulgation expected in May 1999. 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, Bob Southworth, EPA 202/260-7157 or Al Rubin, EPA 202/260-7589.

NRC Publishes Plan to Conduct Joint NRC/EPA Survey

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, which includes 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. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Brenda Jo. Shelton, NRC 301/415-7233.

USDA National Organic Program - Proposed Rule

Background: On December 16, 1997, the U.S. Department of Agriculture (USDA) issued its proposed National Organic Program to facilitate commerce in organically produced fresh and processed food, and to assure consumers that such products meet consistent standards. The program, proposed under the Organic Foods Production Act of 1990, requires the establishment of national standards to govern the marketing of organically produced agricultural products. This rule would establish national standards for the organic production and handling of agricultural products, and would include: a list of synthetic substances approved for such use; labeling requirements; and an accreditation program. A USDA organic seal would apply to processed foods containing at least 95% organic ingredients. Foods containing 50-94 % organic ingredients would be labeled as "made with certain organic ingredients." A USDA advisory group, the National Organics Standards Board (NOSB), recommends classifying biosolids as "synthetic" and inappropriate for use in organic crop production. The proposed rule was issued over objections made by EPA, which requested that the proposal includes biosolids as suitable for organic food production. The proposed rule does not contain any technology or performance standards for the composting process as is required for biosolids composting under the Part 503 Rule.

Status: Copies of the National Organics Program were forwarded to the AMSA membership via Regulatory Alert RA 97-27, with comments due to the National Office by January 12, 1998. USDA has extended the comment deadline to April 30, 1998. The National Office is currently reviewing the numerous comments received from the AMSA membership and will submit comments to USDA before the comment period ends. CONTACT: Sam Hadeed, AMSA 202/833-4655 or Michael Hankin, USDA 202/720-3252.

AMSA, WEF and EPA Moving Forward With National Biosolids Partnership

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 will be 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 and will convene to advise the Partnership. Board of Directors member, Bob Hite, with Denver Metro Wastewater Reclamation District, will serve on the Management Group, comprised of AMSA, WEF, EPA and USDA. EPA has made approximately $250,000 available in 1998 to the discretion of the Partnership in expenditures. An additional $250,000 has been earmarked by EPA for other tasks with some $300,000 for non-specific projects that may require general funding from external sources. AMSA, WEF and EPA held the first public meeting of Partnership on January 14, 1998. Creation of a nine-member Steering Committee, to be chaired by AMSA's Dr. Cecil Lue-Hing, was approved to facilitate the selection of the Advisory Group, which includes representatives from states, federal government, tribes, generators (POTWs), agriculture, vendors/consultants, academia, environmental and public interest groups and others (local government officials). A list of candidates from each of these groups was identified and invited to participate. An initial meeting of this group will occur immediately following the AMSA National Environmental Policy Forum on May 20 in Washington, DC. Of a total of $900,000 in biosolids-related projects identified for 1998, the Partnership approved $340,000 in biosolids projects which include: development of a code of management practices manual, update of a communications plan, development of pretreatment success stories, a report comparing quality of biosolids with manures and fertilizers, an information clearinghouse to provide multi-media information on CD-ROM, creation of biosolids fact sheets, and a biosolids exhibit for use at conferences. The remaining $560,000 in projects, consisting of media training and relations, grass roots training, hiring of technical support staff, support for the Management Group/Advisory Group meetings, and fund raising were deferred pending additional information that was requested by the Management Group, including the feasibility of securing legislative appropriation to support biosolids activities. CONTACT: Sam Hadeed, AMSA 202/833-4655.

EPA Issues Draft Strategy for Regulating Animal Feeding Operations

On March 5, 1998, EPA announced its draft strategy to regulate large livestock farms by requiring permits and inspections to keep manure out of rivers and streams. The draft strategy would apply Clean Water Act (CWA) authority to animal feeding operations (AFOs) that raise animals in factory-like confinement farms which produce large amounts of waste but have heretofore been exempt from many of the pollution controls that apply to industry and POTWs. Existing regulatory definitions of AFOs and Concentrated AFOs (CAFOs) are given at 40 CFR 122.23 and Part 122, Appendix B. The draft AFO Strategy provides a blueprint of specific short and longer term activities that EPA will take to substantially expand existing efforts to minimize the environmental and public health impacts of AFOs. To meet this goal, EPA will: expand compliance/enforcement efforts; focus on priority watersheds; improve CWA permits; revise existing regulations; and increase EPA/USDA coordination. EPA's plan includes a long list of proposals that would gradually tighten restrictions on farms over the next seven years, requiring farms to obtain permits to produce waste, develop plans to properly dispose of it and undergo inspections to insure they are following through. The permits would apply for any farm with more than 1,000 animal units which EPA defines as either 1,000 cattle, 2,500 swine, or 100,000 laying hens. In addition, regulators could require permits for smaller farms that have a history of pollution or are located in environmentally sensitive areas. Last summer, for example, outbreaks of Pfiesteria piscicida in the Chesapeake Bay killed fish and sickened people and were blamed in large part to runoff from these unregulated operations. EPA plans to distribute the draft strategy to a wide range of stakeholder groups for their input in developing the final strategy. Furthermore, the strategy may be revised to reflect USDA's and EPA's coordinated efforts to develop a unified national strategy as called for in the Clean Water Action Plan: Restoring and Protecting America's Waters. AMSA's National Office will distribute copies of the draft strategy to the membership via an upcoming Regulatory Alert. Comments are due to EPA by May 1. CONTACTS: Sam Hadeed, AMSA 202/833-4655 or Ruby Cooper-Ford, EPA National AFO Manager 202/260-6051.