[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Notices]
[Pages 45241-45245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22652]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6147-6]
Proposed National Pollutant Discharge Elimination System General
Permit and Reporting Requirements for the Final Beneficial Reuse or
Disposal of Municipal Sewage Sludge (ARG650000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Pursuant to section 405(f)(1) of the Clean Water Act (CWA) EPA
is proposing a General Permit to treatment works treating domestic
sewage (TWTDS), including publicly owned treatment works (POTWs), in
the State of Arkansas. Notice is for the draft general permit for the
land application, surface disposal, and disposal in a municipal solid
waste landfill (MSWLF) of sewage sludge generated during the treatment
of domestic sewage in a treatment works.
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SUMMARY: Section 305(f)(1) of the CWA provides all permits issued under
section 402 to a POTW or any other TWTDS must include requirements for
the use and disposal of sludge that implement the regulations
established pursuant to section 405(d) of the CWA (see 40 CFR Part 503
and Part 258).
The State of Arkansas was authorized to implement the National
Pollutant Discharge Elimination System (NPDES) program on November 1,
1986. It is not applying for authorization to implement the sewage
sludge program. The Arkansas Pollutant Discharge Elimination System
permits issued to wastewater treatment facilities will not provide
permit coverage for disposal of sewage sludge. EPA is proposing this
permit to assure sewage sludge is beneficially reused or disposed in
accordance with regulations to protect human health and the
environment. The 40 CFR Part 503 Standards consist of general
requirements, pollutant limits, management practices, and operational
standards, for the final use or disposal of sewage sludge generated
during the treatment of domestic sewage in a treatment works. Reuse or
disposal methods addressed in the general permit include sewage sludge
applied to the land, placed on a surface disposal site, and disposed in
a municipal solid waste landfill. This notice requests comments on the
general permit.
DATES: Comments on the proposed permit must be received on or before
October 26, 1998. See HEARINGS for information on hearing dates.
ADDRESSES: The public should send an original and two copies of their
comments addressing any aspect of this notice to Wilma Turner,
Administrative Team of the Water Quality Protection Division (6WQ-CA),
U.S. Environmental Protection Agency Region 6, 1445 Ross Ave. Suite
1200, Dallas, Texas 75202 (214) 665-7516.
The public record is located at EPA Region 6, and is available upon
written request. Requests for copies of the public record should be
addressed to Wilma Turner at the address above. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: For further information on the
proposed draft general permit or a complete copy of the entire fact
sheet and general permit contact Wilma Turner, Administrative Team of
the Water Quality Protection Division (6WQ-CA), U.S. Environmental
Protection Agency Region 6, 1445 Ross Ave., Suite 1200, Dallas, Texas
75202 (214) 665-7516.
HEARINGS: A meeting and public hearing will be held on September 30,
1998, at the following location: La Quinta Inn, Otter Creek, 11701
Interstate 30, Little Rock, Arkansas 72209, Phone: 501-455-2300.
The public meeting will begin at 3:00 pm and end at 5:00 pm. The
public hearing will begin at 7:00 pm with registration beginning at
6:30 pm. The public meeting will provide information on the permit
conditions. The public can make formal statements and comments for the
public record at the public hearing.
SUPPLEMENTARY INFORMATION:
I. Framework of Permitting System
Regulated entities include:
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Category Examples of regulated entities
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Treatment Works Treating Domestic Publicly Owned Treatment Works
Sewage. (Municipalities).
Treatment Works Treating Domestic Sewage Sludge Treatment Devices
Sewage. (Including Blenders of Sewage
Sludge).
Treatment Works Treating Domestic Wastewater Treatment Devices.
Sewage.
Treatment Works Treating Domestic Federal Facilities Treating
Sewage. Domestic Sewage.
[[Page 45242]]
Treatment Works Treating Domestic Owners of Land Dedicated to the
Sewage. Disposal of Sewage Sludge.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your operation is regulated by this action, you should carefully
examine the applicability criteria found in 40 CFR Subpart 122.21(c)(2)
of title 40 of the Code of Federal Regulations. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Section 405(f) of the CWA requires that any permit issued under
section 402 of the Act to a POTW or any other TWTDS shall include the
requirements established pursuant to section 405(d) of the CWA, unless
such requirements have been included in a permit issued under the
appropriate provisions of subtitle C of the Solid Waste Disposal Act,
Part C of the Safe Drinking Water Act, the Marine Protection, Research,
and Sanctuaries Act of 1972, or the Clean Air Act.
II. Permitting
A. Permit Application Regulations
1. Regulations Requiring POTW NPDES/Sludge Permit Coverage
In accordance with 40 CFR Subpart 122.21(c)(2), all POTWs and any
other existing TWTDS are required to apply for a NPDES permit. POTWs
generating/treating/blending/disposing of sewage sludge are subject to
the application submission deadlines as defined in the February 19,
1993, Federal Register. 40 CFR Subpart 122.21(a) excludes persons
covered by general permits from requirements to submit individual
permit applications. Coverage under this general permit will eliminate
the operator's need to reapply for an individual sewage sludge permit.
2. Regulations Requiring All Other TWTDS Coverage
All other TWTDS must apply for a permit. A TWTDS is defined in 40
CFR Subparts 122.2 and 501.2 as ``a POTW or any other sewage sludge or
waste water treatment devices or systems, regardless of ownership
(including federal facilities), used in the storage, treatment,
recycling, and reclamation of municipal or domestic sewage, including
land dedicated for the disposal of sewage sludge. This includes
facilities that generate sewage sludge or otherwise effectively control
the quality or change the characteristics (e.g., blenders) of sewage
sludge or the manner in which it is disposed. In addition, all TWTDS
disposing of sewage sludge in a State-permitted Municipal Solid Waste
Landfill (MSWLF) must also apply for a permit. 40 CFR Part 503 requires
all sewage sludge disposed in a MSWLF meet the requirements in 40 CFR
Part 258 concerning the quality of the materials disposed.
3. Application of General Permit
This public notice specifies that official notification is required
for coverage under this general permit pursuant to 40 CFR Subpart
122.28(b)(2). Notifying EPA under a general permit is a mechanism which
can be used to establish an accounting of the number of permittees
covered by the general permit, the nature of operations at the facility
generating the sewage sludge, and the identity and location of sludge
disposal sites. This type of information is appropriate since the
sewage sludge is being monitored and tracked. This permit will apply to
all TWTDS (including POTWs) covered by permitting requirements under 40
CFR Part 503 and 40 CFR Part 258.
4. Individual Permit Application Requirements
The requirements for an individual permit application are found in
40 CFR Subpart 501.15(a)(2). The information is intended to develop the
site-specific conditions generally associated with individual permits.
Individual permit applications may be needed under several
circumstances. Examples include: a TWTDS authorized by a general permit
that covers final reuse or disposal of sewage sludge and requests to be
excluded from the coverage of the general permit by applying for an
individual permit, and EPA has determined the appropriateness of the
permit (see 40 CFR Subpart 122.28(b)(3)(i) for EPA issued general
permits); or the Director requires a TWTDS authorized by a general
permit to apply for an individual permit (see 40 CFR Subpart
122.28(b)(3)(iii) for EPA issued general permits).
III. Draft General Permit for Final Beneficial Reuse and Disposal
of Municipal Sewage Sludge
A. Today's Notice
Today's notice proposes a general permit for final beneficial reuse
and disposal of municipal sewage sludge in Arkansas. The following
portion provides notice for the draft general permit and accompanying
fact sheet for a general Sewage Sludge permit in Arkansas. This draft
general permit is intended to cover the final beneficial reuse and
disposal of municipal sewage sludge in accordance with the Standards
for the Use or Disposal of Sewage Sludge 40 CFR Part 503. The proposed
permit contains: The Federal guidelines to insure that the permittee's
practices do not pose a threat to human health and the environment due
to toxic pollutants and pathogens.
Effective Date of Requirements
This permit shall be effective the first day of the month following
issuance.
EPA Contacts
United States EPA, Region 6, Water Quality Protection Division
(6WQ-PO). First Interstate Bank Tower at Fountain Place, 1445 Ross
Avenue, 12th Floor, Suite 1200, Dallas, TX 75202.
Comment Period Closes
The comment period ends 60 days following the publication of this
general permit in the Federal Register.
B. Preamble for Draft General Permit
1. Coverage Under the Proposed General Permit
Types of Final Sludge Reuse or Disposal Practices Covered. Those
facilities generating sewage sludge or used in the storage, treatment,
recycling, and reclamation of municipal or domestic sewage, including
land dedicated for the disposal of sewage sludge. The permit being
proposed is intended to cover all TWTDS (including POTWs) in the State
of Arkansas with requirements for the final reuse or disposal of
municipal sewage sludge.
Designated Treatment Works Treating Domestic Sewage. In accordance
with 40 CFR Subpart 122.2 (definition of TWTDS), the Regional
Administrator may designate any facility a TWTDS if he or she becomes
aware of facilities which do not automatically fit the definition of
TWTDS, but finds that the
[[Page 45243]]
facility poses a potential for adverse effects on the public health and
the environment from poor sludge quality or poor sludge handling, use
or disposal practices, or where he or she finds that such designation
is necessary to ensure that such person is in compliance with 40 CFR
Part 503.
POTWs with Pending Application. Some existing TWTDS have submitted
applications in accordance with NPDES requirements and have remained
unpermitted due to the administrative work load and priorities. All of
these applicants will gain coverage under the sewage sludge program
through the issuance of this permit. Region 6 believes this benefits
those applicants without a permit. Any permittee desiring an individual
permit may petition the Director in accordance with 40 CFR Subpart
122.28(b)(3)(iii).
2. Permit Conditions
a. Description of draft permit conditions. The conditions of this
draft permit have been developed to be consistent with the self
implementing requirements of the 40 CFR Part 503 regulations. The draft
permit contains requirements for TWTDS (including POTWs) that land
apply municipal sewage sludge, surface dispose municipal sewage sludge,
and dispose of municipal sewage sludge in a municipal solid waste
landfill.
(1) For sewage sludge that is land applied, permit conditions
specifically address the following: (A) Requirements specific to bulk
sewage sludge for application to the land meeting class A or B pathogen
reduction and the cumulative loading rates in Table 2 of the permit, or
class B pathogen reduction and the pollutant concentrations in Table 3
of the permit. (B) Requirements specific to bulk sewage sludge meeting
pollutant concentrations in Table 3 of the permit and Class A pathogen
reduction requirements. (C) Requirements specific to sludge sold or
given away in a bag or other container for application to the land that
does not meet the pollutant concentrations in Table 3 of the permit.
(2) For sewage sludge that is surface disposed, permit conditions
specifically address the following: (A) Requirements specific to
surface disposal sites without a liner and leachate collection system.
(B) Requirements specific to surface disposal sites with a liner and
leachate collection system.
(3) For sewage sludge that is disposed in a municipal solid waste
landfill, 40 CFR Subpart 503.4 states that permit conditions require
sewage sludge disposed to meet the quality requirements of 40 CFR Part
258. Major POTWs (those POTWs with a design flow rate equal to or
greater than one million gallons per day, and POTWs that serve 10,000
people or more, or any POTW required to have an approved pretreatment
program under 40 CFR Subpart 403.8(a)) disposing of sewage sludge in a
municipal solid waste landfill are required to conduct a TCLP test
once/permit life to determine if the sludge is hazardous as well as an
annual paint filter test to assure that the sludge does not contain
free liquids. Compliance with these testing requirements will assure
that the sewage sludge meets the quality requirements.
b. Sludge Quality Limitations. Specific numerical permit conditions
for metals are dependent upon the quality of the sludge as well as the
method used by the TWTDS for the final reuse or disposal of municipal
sewage sludge.
IV. Economic Impact
EPA believes that this proposed general permit will be economically
beneficial to the regulated community. It provides an economic
alternative to the individual application process the facilities
covered by this permit would otherwise have to face. The requirements
are consistent with those already imposed by effective federal
regulations and State requirements.
An economic analysis was prepared when the 40 CFR Part 503
regulations were proposed and finalized. Region 6 believes that the
general permit conditions provide the same requirements as the self-
implementing requirements under the 40 CFR Part 503 rule. Also Region 6
believes that this general permit is the most economical permitting
option available to all TWTDS with NPDES application requirements.
V. Compliance With Other Federal Regulations
A. National Environmental Policy Act
CWA Section 511(c)(1) excludes this action from the National
Environmental Policy Act of 1969.
B. Endangered Species Act
The Endangered Species Act (ESA) of 1973 requires Federal Agencies
such as EPA to ensure, in consultation with the U.S. Fish and Wildlife
Service (Service) that any actions authorized, funded, or carried out
by the Agency (e.g., EPA issued sewage sludge permits requiring
compliance with the conditions in the Part 503 regulations) are not
likely to adversely affect the continued existence of any federally-
listed endangered or threatened species or adversely modify or destroy
critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR Part
402 and 40 CFR Subpart 122.49(c)).
Accordingly, sewage sludge final reuse and disposal activities that
are likely to adversely affect species are not eligible for permit
coverage under this sewage sludge general permit.
To be eligible for coverage under the sewage sludge general permit,
applicants are required to review the list of species and their
locations and which are described in the instructions for completing
the application requirements under this permit. If an applicant
determines that none of the species identified are found in the county
in which the TWTDS, surface disposal site, land application site or
MSWLF is located, then there is no likelihood of an adverse effect and
they are eligible for permit coverage. Applicants must then certify
that their operation is not likely to adversely affect species and will
be granted sewage sludge general permit coverage 48 hours after the
date of the postmark on the envelope used to mail in the notification.
If species are found to be located in the same county as the TWTDS,
surface disposal site, land application site, or MSWLF then the
applicant next must determine whether the species are in proximity to
the sites. A species is in proximity if it is located in the area of
the site where sewage sludge will be generated, treated, reused or
final disposed. If an applicant determines there are no species in
proximity to the potential sites, then there is no likelihood of
adversely affecting the species and the applicant is eligible for
permit coverage.
If species are in proximity to the sites, as long as they have been
considered as part of a previous ESA authorization of the applicant's
activity, and the environmental baseline established in that
authorization is unchanged, the applicant may be covered under the
permit. For example, an applicant's activity may have been authorized
as part of a section 7 consultation under ESA, covered under a section
10 permit, or have received a clearance letter. The environmental
baseline generally includes the past and present impacts of all
federal, state and private actions that were contemporaneous to an ESA
authorization. Therefore, if a permit applicant has received previous
authorization and nothing has changed or been added to the
environmental baseline established in the previous authorization, then
coverage under this permit will be provided.
[[Page 45244]]
In the absence of such previous authorization, if species are in
proximity to the sites, then the applicant must determine whether there
is any likely adverse effect upon the species. This is done by the
applicant conducting a further examination or investigation which
includes contacting the Services for a determination on potential
adverse effects of endangered species. If the applicant determines that
there likely is, or will likely be an adverse effect, then the
applicant is not eligible for general permit coverage.
All TWTDS applying for coverage under this permit must provide in
the notification to EPA the following information: (1) a determination
as to whether there are any species in proximity to the sites, and (2)
a certification that their sewage sludge treatment, reuse, or disposal
are not likely to adversely effect species or are otherwise eligible
for coverage due to a previous authorization under the ESA. Coverage is
contingent upon the applicant's providing truthful information
concerning certification and abiding by any conditions imposed by the
permit.
TWTDS who are not able to determine that there will be no likely
adverse affect to species or habitats and cannot sign the certification
to gain coverage under this sewage sludge general permit, must apply to
EPA for an individual sludge only permit. As appropriate, EPA will
conduct ESA Sec. 7 consultation when issuing such individual permits.
Regardless of the above conditions, EPA may require that a
permittee apply for an individual sewage sludge permit on the basis of
possible adverse effects on species or critical habitats. Where there
are concerns that coverage for a particular discharger is not
sufficiently protective of listed species, the Service (as well as any
other interested parties) may petition EPA to require that the
discharger obtain an individual NPDES permit and conduct an individual
section 7 consultation as appropriate.
In addition, the Service may petition EPA to require that a
permittee obtain an individual sewage sludge permit. The permittee is
also required to make the record keeping information required by the 40
CFR Part 503 regulations and the permit available upon request to the
U.S. Fisheries and Wildlife Service Regional Director, or his/her
authorized representative.
These mechanisms allow for the broadest and most efficient coverage
for the permittee while still providing for the most efficient
protection of endangered species. It significantly reduces the number
of TWTDS that must be considered individually and therefore allows the
Agency and the Services to focus their resources on those discharges
that are indeed likely to adversely affect water-dependent listed
species. Straightforward mechanisms such as these allow applicants with
expedient permit coverage, and eliminates ``permit limbo'' for the
greatest number of permitted discharges. At the same time it is more
protective of endangered species because it allows both agencies to
focus on the real problems, and thus, provide endangered species
protection in a more expeditious manner. Prior to the publication of
the public notice of this draft permit in the Federal Register, the
Service concurred that the draft permit would not adversely affect
listed species. No comments were submitted.
C. National Historic Preservation Act
The National Historic Preservation Act (NHPA) prohibits Federal
actions that would affect a property that either is listed on, or is
eligible for listing, on the National Historic Register. EPA therefore
cannot issue permits to treatment works treating domestic sewage
(including publicly owned treatment works (POTWs)) affecting historic
properties unless measures will be taken such as under a written
agreement between the applicant and the State Historic Preservation
Officer (SHPO) outlining all measures to be undertaken by the applicant
to mitigate or prevent adverse effects to the historic property.
Therefore, under today's permit land applying, surface disposing, or
disposing of sewage sludge in a municipal solid waste landfill may be
covered only if the action will not affect a historic property that is
listed or is eligible to be listed in the National Historic Register,
or the operator has obtained and is in compliance with a written
agreement signed by the State Historic Preservation Officer (SHPO) that
outlines measures to be taken to mitigate or prevent adverse effects to
the historic site. Prior to the publication of the public notice of
this draft permit in the Federal Register, the Arkansas State Historic
Preservation Program determined it had no objections to the general
permit based on the NHPA. No comments were submitted.
D. Executive Order 12866
Under Executive Order 12866 (58 FR 51735 [October 4, 1993]), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may have an annual effect
on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or Tribal governments or communities; create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or raise novel legal or policy issues arising out
of legal mandates, the President's priorities, or the principles set
forth in the Executive Order. It has been determined that this general
permit is not a ``significant regulatory action'' under the terms of
Executive Order 12866.
E. Paperwork Reduction Act
The information collection required by this permit has been
approved by OMB under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., in submission made for the NPDES permit program
and assigned OMB control number 2040-0004 for the discharge monitoring
reports. Permit application and Notice of Intent information has been
assigned the OMB control number 2040-0086.
F. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., a
Federal agency must prepare an initial regulatory flexibility analysis
``for any proposed rule'' for which the agency ``is required by section
553 of [the Administrative Procedure Act (APA)], or any other law, to
publish general notice of proposed rulemaking.'' The RFA exempts from
this requirement any rule that the issuing agency certifies ``will not,
if promulgated, have a significant economic impact on a substantial
number of small entities.''
EPA did not prepare a regulatory flexibility analysis (IRFA) for
the proposed permit. EPA views issuance of a ``sewage sludge only''
general permit to not be subject to rulemaking requirements, including
the requirement for a general notice of proposed rulemaking, under APA
section 553 or any other law, and is thus not subject to the RFA
requirement to prepare an IRFA. The EPA concluded that the permit, if
issued as drafted, would not have a significant impact on a substantial
number of small entities. NPDES general permits are not ``rules'' under
the APA and thus not subject to the APA requirement to publish a notice
of proposed rulemaking. NPDES general
[[Page 45245]]
permits are also not subject to such a requirement under the Clean
Water Act (CWA). While EPA publishes a notice to solicit public comment
on draft general permits, it does so pursuant to the CWA section 402(a)
requirement to provide ``an opportunity for a hearing.''
G. Unfunded Mandates Reform Act
Section 201 of the Unfunded Mandates Reform Act (UMRA), P.L. 104-4,
generally requires Federal agencies to assess the effects of their
``regulatory actions'' on State, local, and tribal governments and the
private sector. UMRA uses the term ``regulatory actions'' to refer to
regulations. (See, e.g., UMRA section 201, ``Each agency shall . . .
assess the effects of Federal regulatory actions . . . (other than to
the extent that such regulations incorporate requirements specifically
set forth in law)'' (emphasis added)). UMRA section 102 defines
``regulation'' and ``rule'' by reference to section 658 of Title 2 of
the U.S. Code, which in turn defines ``regulation'' and ``rule'' by
reference to section 601(2) of the RFA. That section of the RFA defines
``rule'' as ``any rule for which the agency publishes a notice of
proposed rulemaking pursuant to section 553(b) of the Administrative
Procedure Act (APA), or any other law. . . .''
NPDES general permits are not ``rules'' under the APA and thus not
subject to the APA requirement to publish a notice of proposed
rulemaking. NPDES general permits are also not subject to such a
requirement under the Clean Water Act (CWA). While EPA publishes a
notice to solicit public comment on draft general permits, it does so
pursuant to the CWA section 402(a) requirement to provide ``an
opportunity for a hearing.'' Thus, NPDES general permits are not
``rules'' for UMRA purposes but are treated with rule-like procedures.
Signed this 17th day of August, 1998.
Oscar Ramirez, Jr.,
Deputy Director, Water Quality Protection Division (6WQ), EPA Region 6.
[FR Doc. 98-22652 Filed 8-24-98; 8:45 am]
BILLING CODE 6560-50-P
