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: The final rule is currently undergoing OMB review and is anticipated for publication in late spring 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 June 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 spring1998. EPA is considering making the incineration portion of this rule self-implementing and require either THC or CO monitors installed within 6 months following final promulgation. 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, 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. The Office of Management and Budget recently 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. The National Office expects to receive more information from OMB in April regarding the status of the review. 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 include 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. Copies of the National Organics Program were forwarded to the AMSA membership via Regulatory Alert RA 97-27.
Status: On March 23, 1998, AMSA submitted comments to USDA recommending that biosolids be classified as nonsynthetic material and should therefore not be placed on the National List of nonsynthetic substances prohibited for use in organic crop production. AMSA stated that biosolids are primarily organic residuals and when applied to land, provide primary plant nutrients and micronutrients to crops. AMSA believes that under current Part 503 regulation, biosolids are closely regulated to assure that pathogens and trace elements will not pose a significant risk to consumers of crops grown on biosolids amended lands and will therefore provide a higher level of protection and safety than the use of any other approved amendments. AMSA recommended that the USDA re-classify biosolids as nonsynthetic and that the use of biosolids in organic farming should be allowed. AMSA also recommended the acceptance criteria for organic agriculture products should be "risk-based" to assure that products labeled as organically grown are free of contaminants. AMSA’s comments can be viewed by visiting the Committee Correspondence Section of the Member Pipeline on AMSA’s Web Site, http://www.amsa-cleanwater.org. 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. AMSA Board member, Bob Hite, with Denver Metro Wastewater Reclamation District, will serve on the Management Group, comprised of AMSA, WEF, EPA and USDA. A Steering Committee, to be chaired by AMSA’s Dr. Cecil Lue-Hing, was approved at the January 14 meeting, to facilitate the selection of the Advisory Group. 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. 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. The additional $1 million dollars would most likely support a mechanism to implement the code of good management practices; a media training and relations project for POTW public affairs professionals; grass roots training; development of technical manuals and guidance; and, other initiatives designed to promote public acceptance of biosolids. The next meeting of the Management Group and Steering Committee will be May 20 in Washington, DC following AMSA’s National Environmental Policy Forum. CONTACT: Sam Hadeed, AMSA 202/833-4655.
EPA Issues Draft Strategy for Regulating Animal Feeding Operations
Background: 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. 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.
Status: Copies of the draft strategy were forwarded to the membership via Regulatory Alert, RA 98-7, with comments due to the National Office by April 13th. CONTACTS: Sam Hadeed, AMSA 202/833-4655 or Ruby Cooper-Ford, EPA 202/260-6051.
Related Items of Interest
The Metropolitan Water Reclamation District of Greater Chicago recently completed a 1996 Sewage Sludge Survey of AMSA Members. The report demonstrates that biosolids quality has improved significantly since EPA conducted a survey in 1989 and following promulgation of the Part 503 Rule. Over 120 AMSA members responded to the survey on the quality of biosolids across the nation. AMSA membership will receive a copy of the report via an upcoming Regulatory Alert.