[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Rules and Regulations]
[Pages 54764-54770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25740]



      

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Part II





Environmental Protection Agency





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40 CFR Parts 403 and 503



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Standards for the Use or Disposal of Sewage Sludge; Final Rule and 
Proposed Rule

  Federal Register / Vol. 60, No. 206 / Wednesday, October 25, 1995 / 
Rules and Regulations   

[[Page 54764]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 403 and 503

[FRL-5315-3]
RIN 2040-AC29


Standards for the Use or Disposal of Sewage Sludge

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On November 25, 1992, pursuant to Section 405 of the Clean 
Water Act (CWA), EPA promulgated a regulation (40 CFR part 503) to 
protect public health and the environment from reasonably anticipated 
adverse effects of certain pollutants in sewage sludge (58 FR 9248, 
February 19, 1993). This regulation established requirements for the 
final use or disposal of sewage sludge when: (1) The sewage sludge is 
applied to the land either to condition the soil or to fertilize crops 
grown in the soil; (2) the sewage sludge is placed on the land for 
final disposal; or (3) the sewage sludge is incinerated. In addition, 
EPA also amended the General Pretreatment Regulations (40 CFR part 403) 
to establish a list of pollutants for which a removal credit may be 
available.
    Today's action amends the part 503 sewage sludge regulation as a 
result of EPA's reconsideration of certain issues remanded by the U.S. 
Court of Appeals for additional justification or modification. The 
Agency is deleting the current land application pollutant limits for 
chromium and changing the land application pollutant concentration 
limit for selenium.
    EPA is also amending the list of pollutants for which a removal 
credit may be available. This final rule removes chromium in sewage 
sludge that is land-applied from the list of regulated pollutants for 
which a removal credit may be available and adds it to the list of 
unregulated pollutants that are eligible for a removal credit.

EFFECTIVE DATE: The final rule is effective October 25, 1995. For 
purposes of judicial review, the final rule is issued at 1 p.m. on 
October 25, 1995.

FOR FURTHER INFORMATION CONTACT: Robert M. Southworth, Biosolids 
Manager, Health and Ecological Criteria Division (4304), Office of 
Science and Technology, U.S. Environmental Protection Agency, 401 M 
Street SW., Washington, D.C. 20460, telephone (202) 260-7157.

SUPPLEMENTARY INFORMATION:

A. Authority

    Today's rule is being promulgated under the authority of sections 
307 and 405 of the Clean Water Act (CWA). In section 307(b) of the CWA, 
Congress directed EPA to establish categorical pretreatment standards 
for industrial discharges of toxic pollutants to publicly owned 
treatment works (POTWs). Congress also authorized POTWs in defined 
circumstances to provide relief from categorical pretreatment standards 
in the form of a removal credit to indirect dischargers. Section 307(b) 
authorizes a removal credit where, among other things, grant of the 
removal credit does not prevent the POTW from using or disposing its 
sewage sludge in compliance with section 405.
    Section 405(d) of the CWA requires EPA to establish management 
practices and numerical limits adequate to protect public health and 
the environment from reasonably anticipated adverse effects of toxic 
pollutants in sewage sludge. Section 405(e) prohibits any person from 
disposing of sewage sludge from a publicly-owned treatment works or 
other treatment works treating domestic sewage through any use or 
disposal practice for which regulations have been established pursuant 
to section 405 except in compliance with the section 405 regulations.

B. Amendments to Part 503

    On November 25, 1992, EPA promulgated, pursuant to section 405 of 
the CWA, Standards for the Use or Disposal of Sewage Sludge, (40 CFR 
part 503), published in the Federal Register on February 19, 1993 (58 
FR 9248, et seq.). Section 405(d) of the CWA requires EPA to publish 
regulations specifying management practices for sewage sludge 
containing toxic pollutants and to establish numerical limitations for 
the toxic pollutants that may be present in sewage sludge in 
concentrations that may adversely affect public health and the 
environment. On March 5, 1993, the Leather Industries of America, Inc. 
filed a petition with the U.S. Circuit Court of Appeals for the 
District of Columbia Circuit seeking review of the pollutant limits for 
chromium found in Tables 1-4 of 40 CFR 503.13(b). On June 17, 1993, the 
City of Pueblo, Colorado, filed a petition for review with the U.S. 
Court of Appeals for the Tenth Circuit challenging the selenium 
pollutant limits in Tables 1-3 of 40 CFR 503.13(b). This case was 
subsequently transferred to the D.C. Circuit.
    On November 15, 1994, the D.C. Circuit remanded the cumulative 
pollutant loading rate for chromium in Table 2 and the pollutant 
concentration limit for chromium and selenium in Table 3 to the Agency 
for modification or additional justification. Leather Industries of 
America, Inc. v. Environmental Protection Agency, 40 F.3d 392 (D.C. 
Cir. 1994).
    The pollutant limits in Table 2 are determined from a risk-based 
exposure assessment. The pollutant concentrations in Table 3 are the 
lower of either (1) a risk-derived concentration or (2) the 99th 
percentile concentration derived from EPA's National Sewage Sludge 
Survey (NSSS), which includes data on sewage sludge from approximately 
186 statistically representative publicly-owned treatment works. Sewage 
sludge that meets the pollutant concentration limits in Table 3 may be 
applied to land under less restrictive conditions than can sewage 
sludge that has higher concentration of metals. In the case of chromium 
and selenium, the 99th percentile concentration is lower than the risk-
derived concentration so the limit specified in Table 3 for both 
chromium and selenium is the 99th percentile value. The D.C. Circuit 
concluded that section 405 of the CWA mandates a risk-based regulation 
and that EPA lacked the statutory authority to adopt pollutant 
concentration limits based on the 99 percentile because they are not 
risk-based. The court also determined that EPA lacked an adequate 
evidentiary basis for its risk-based chromium cumulative pollutant 
loading rate in Table 2 of Sec. 503.13(b).
    Today's rule amends 40 CFR 503.13(b) to delete the current 
pollutant limits for chromium in Tables 1-4 applicable to sewage sludge 
that is land applied. In addition, the Agency is amending 40 CFR 
503.13(b) to change the selenium pollutant concentration limit in Table 
3. This amendment is being promulgated under the authority of section 
405 of the Clean Water Act (CWA), 33 U.S.C. Sec. 1345.

1. Deletion of Pollutant Limits for Chromium in Land Applied Sewage 
Sludge

    EPA based the Table 2 cumulative pollutant loading rate for 
chromium on an assessment of the potential for plant injury (measured 
as retardation in the growth of a young plant) from chromium in sewage 
sludge that is applied to the land. EPA derived the chromium cumulative 
pollutant loading rate from field study data that the Agency evaluated 
for the likelihood of plant injury. Because the field study 

[[Page 54765]]
data did not show retardation in the growth of a young plant even at 
the highest soil/chromium levels from the field studies--3,000 kg/
hectare, EPA established the cumulative pollutant loading rate for 
chromium at the highest value for which it had data.
    The D.C. Circuit agreed that EPA is authorized to protect against 
plant injury and that EPA properly determined a plant toxicity 
threshold associated with chromium in sewage sludge. However, the court 
decided that EPA lacked adequate data to support the 3,000 kg/hectare 
chromium cumulative loading rate because EPA had no data that showed 
plant injury at soil levels of 3,000 kg/hectare or any other cumulative 
load.
    In response to the court's remand, EPA has reviewed the record in 
this proceeding concerning potential risk to public health and the 
environment associated with land application of sewage sludge that 
contains chromium. As a result of its reconsideration, the Agency has 
determined that there is an insufficient basis at this time for the 
regulation of chromium in sewage sludge that is applied to the land. 
This determination is confirmed by EPA's review of new information 
concerning chromium and the land application of sewage sludge. 
Consequently, the Agency is amending Tables 1-41 to delete 
chromium from the regulated metals for the following reasons. First, 
EPA has reaffirmed its determination that chromium in sewage sludge 
appears predominantly in the trivalent form for which the likelihood of 
plant injury is substantially lower than the likelihood of plant injury 
from chromium in the hexavalent form. See 58 FR 9248, 9297.

    \1\The chromium limits in Tables 1, 3, and 4 are derived from 
the risk-based chromium limits in Table 2. Because the Agency has 
determined that it does not at this juncture have information that 
supports risk-based regulation of chromium in sewage sludge that is 
land applied, the chromium pollutant limits in Tables 1, 3, and 4 
also are being deleted.
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    Second, in addition to reexamining the rulemaking record, EPA 
obtained more recent data from field studies of crops grown on soil to 
which sewage sludge had been applied. These data are similar to those 
used in the final rule for evaluating the potential for plant injury 
from the chromium in sewage sludge. EPA evaluated these data using the 
same statistical methods used for the final rule to assess the 
potential for plant injury. Like the earlier data, these data show no 
relationship between plant injury associated with chromium in sewage 
sludge at high loading rates.
    Finally, to confirm its determination that data do not support 
regulation of chromium at this juncture, EPA also took a second look at 
other pathways of exposure. After the plant toxicity pathway, the next 
significant pathway of concern is the risk associated with exposure of 
a tractor operator to chromium from sewage sludge in the dust churned 
up by the tractor. EPA reevaluated this pathway using current National 
Institute of Occupational Safety and Health (NIOSH) standards for 
worker exposure to trivalent chromium. EPA's second look at the tractor 
operator exposure pathway determined that the appropriate risk-based 
limit for this pathway is well in excess of its earlier finding of 
5,000 mg/kg. The limit for this pathway using the updated NIOSH 
standard is almost two orders of magnitude in excess of the observed 
99th percentile concentration for chromium in the NSSS. Given the fact 
that chromium limit for the next pathway of exposure--the ground-water 
pathway--is an order of magnitude greater than the 99th percentile 
sewage sludge concentration, EPA determined that it did not have data 
that justify regulation of chromium in land applied sewage sludge at 
this juncture. Applying the same criteria used for the final rule to 
determine whether to regulate a particular pollutant, EPA concluded 
that there is no current basis for establishing land application 
pollutant limits for chromium based on the tractor operator pathway or 
the ground-water pathway.2 See 58 FR 9318 (``The Agency's risk 
assessment results for the pollutant shows no reasonably anticipated 
adverse effects on public health or the environment at the 99th 
percentile concentration found the sewage sludge from the NSSS.'' 58 FR 
9318). Consequently, the Agency is today amending its sewage sludge use 
or disposal regulation to delete chromium from Tables 1-4 in 40 CFR 
503.13(b). More details on the justification for deletion of the 
chromium land application pollutant limits are presented in the 
administrative record for this rulemaking.

    \2\EPA also evaluated the risk associated with tractor operator 
exposure to hexavalent chromium by assuming that a small percentage 
of the chromium in sewage sludge might be hexavalent chromium. (As 
noted above, EPA has concluded that most chromium in sewage sludge 
should be in the trivalent, not hexavalent, form.) Again, the 
resulting risk-based chromium pollutant concentration limit would be 
substantially higher than the 99th percentile concentration.
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2. Modification of the Pollutant Concentration Limit for Selenium in 
Table 3 of Sec. 503.13

    As explained above, the pollutant concentration limit in Table 3 is 
the more stringent of the risk-based limit or 99th percentile 
concentration value for each of nine pollutants. In the case of 
selenium, the more stringent cap is the 99th percentile number.3 
EPA supported its adoption of this approach for the Table 3 limits on 
two bases. First, by adopting the lower of risk-based or 99th 
percentile concentration, EPA would provide an additional margin of 
safety to ensure adequate protection of public health and the 
environment. Second, adoption of the 99th percentile limit would 
prevent deterioration of sewage sludge from current levels of quality. 
The D.C. Circuit rejected both reasons, concluding that the statute 
requires a demonstrated link between risk and any pollutant 
concentration limits the Agency adopted. EPA has reconsidered the Table 
3 selenium pollutant concentration limit and concluded that it should 
not adopt a more stringent concentration limit for selenium than the 
risk-based limit of 100 mg/kg. This risk-based concentration was 
derived from an assessment of the hazard to children, aged one to six, 
who ingest undiluted sewage sludge containing selenium. EPA's exposure 
assessment showed that so long as the concentration of the sewage 
sludge did not exceed 100 mg/kg of selenium, children would be 
adequately protected. EPA's exposure assessment used a number of 
conservative assumptions in evaluating effects on children from 
selenium exposure, including a reference dose for selenium based on 
lifetime exposure--a significantly protective factor. In these 
circumstances, EPA concluded that there is no risk basis for adopting a 
more stringent limit.

    \3\The 99th percentile concentration is more stringent for 
selenium and chromium; for nickel, the risk-based and 99th 
percentile limits are the same. As described above, EPA is deleting 
chromium from the pollutants regulated in Tables 1-4.
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C. Amendment to Part 403

    Many industrial facilities discharge large quantities of pollutants 
to POTWs where their wastewaters mix with wastewater from other 
sources, domestic sewage from private residences and run-off from 
various sources prior to treatment and discharge by the POTW. The 
introduction of pollutants to a POTW from industrial discharges may 
pose several problems. These include potential interference 

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with the POTW's operation or pass-through of pollutants if inadequately 
treated. Congress, in section 307(b) of the Act, directed EPA to 
establish categorical pretreatment standards to prevent these potential 
problems. Congress also recognized that, in certain instances, POTWs 
could provide some or all of the treatment of an industrial user's 
wastewater that would be required pursuant to the categorical 
pretreatment standard. Consequently, Congress also established a 
discretionary program for POTWs to grant ``removal credits'' to their 
indirect dischargers. The credit, in the form of a less stringent 
categorical pretreatment standard, allows an increased concentration of 
a pollutant in the flow from the indirect discharger's facility to the 
POTW.
    Section 307(b) of the CWA establishes a three-part test a POTW 
would need to meet to obtain removal credit authority for a given 
pollutant. A removal credit may be authorized only if (1) the POTW 
``removes all or any part of such toxic pollutant,'' (2) the POTW's 
ultimate discharge would ``not violate that effluent limitation, or 
standard which would be applicable to that toxic pollutant if it were 
discharged'' directly rather than through a POTW and (3) the POTW's 
discharge would ``not prevent sludge use and disposal by such [POTW] in 
accordance with section [405].* * *'' Section 307(b).
    The United States Court of Appeals for the Third Circuit has 
interpreted the statute to require EPA to promulgate comprehensive 
sewage sludge regulations before any removal credits could be 
authorized. NRDC v. EPA, 790 F.2d 289, 292 (3rd Cir. 1986) cert. 
denied. 479 U.S. 1084 (1987). Congress made this explicit in the Water 
Quality Act of 1987, which provided that EPA could not authorize any 
removal credits until it issued the sewage sludge use and disposal 
regulations required by section 405(d)(2)(a)(ii). EPA has promulgated 
removal credit regulations that are codified at 40 CFR part 403.7.
    At the same time EPA promulgated the part 503 regulation, EPA also 
amended the part 403 General Pretreatment Regulations to add a new 
Appendix G that includes two tables of pollutants that would be 
eligible for a removal credit so long as the other procedural and 
substantive requirements of 40 CFR part 503 and 40 CFR 403.7 are met. 
The first table (Appendix G--Section I) lists, by use or disposal 
practice, the pollutants that are regulated in part 503 and eligible 
for removal credit authorization. The second table (Appendix G--Section 
II) lists, by use or disposal practice, additional pollutants that are 
eligible for a removal credit if the concentration of the pollutant in 
sewage sludge does not exceed a prescribed concentration. The 
pollutants in Appendix G--Section II are the pollutants that EPA 
evaluated and decided not to regulate during development of the part 
503 regulation. See 58 FR at 9381-5. Currently, chromium is included on 
both Appendix G--Section I and Appendix G--Section II.
    As explained above, EPA is today promulgating a final rule that 
deletes chromium from the pollutants that are regulated when sewage 
sludge is applied to the land because EPA has concluded that there is 
no current basis for establishing chromium limits for land-applied 
sewage sludge. Consequently, because Appendix G--Section I lists only 
pollutants regulated in part 503 and because the Agency has deleted 
chromium from the list of regulated pollutants, EPA is removing 
chromium from Appendix G--Section I for land application.
    In the 1993 amendments to part 403, EPA included pollutants that it 
evaluated for risk and decided not to regulate in Appendix G--Section 
II at the highest concentration evaluated as safe. Consequently, 
because EPA has now concluded that it does not need to regulate 
chromium to protect the plant toxicity pathway, under the criterion 
applied in the final rule, EPA should include chromium in Appendix G--
Section II in the land application column at the next highest 
concentration evaluated as safe.
    The next highest result for a pathway that EPA assessed and 
evaluated as safe for the final rule is the tractor operator pathway--
Pathway 11. EPA determined that a tractor operator is protected from 
occupational exposure to chromium from sewage sludge so long as the 
concentration in the sewage sludge did not exceed 5,000 mg/kg. See 
Technical Support Document for the Land Application of Sewage Sludge 
Table 5.4-5, p. 5-435. However, as noted above, EPA has now reevaluated 
that pathway and determined that the actual protective level is 
substantial in excess of this concentration. The next level of risk 
after the tractor operator pathway is the ground-water pathway--12,000 
mg/kg. Technical Support Document for the Land Application of Sewage 
Sludge, ibid. Therefore, under the criterion adopted in the final rule, 
the Appendix G--Section II concentration for chromium should be 12,000 
mg/kg.
    While the public had an opportunity to comment on the land 
application risk assessment that underlies the final Part 503 
regulation, there has been no opportunity to comment on EPA's 
reevaluation of the tractor operator pathway assessment. (Elsewhere in 
today's Federal Register, EPA is proposing to amend Appendix G--Section 
II to establish the new chromium concentration based on its reanalysis 
of the Pathway 11 for chromium.) Consequently, it would not be 
appropriate to take final action today to add chromium to Appendix G--
Section II at the ground-water pathway concentration level--the next 
level after the reevaluated tractor operator pathway.
    But if EPA deletes chromium from Appendix G--Section I without 
including a concentration for sewage sludge that is land applied in 
Appendix G--Section II at this time, POTWs will not be able to seek 
removal credit authority until such time as EPA has proposed and 
promulgated a new chromium removal credit number. Therefore, EPA also 
is promulgating an amendment to Appendix G--Section II that adds a 
footnote for the interim that states that the removal credit 
concentration for chromium in land-applied sewage sludge will be 
established on a case-by-case basis. This change is necessary to ensure 
there is no uncertainty about the continued eligibility of chromium in 
sewage sludge for removal credits, pending EPA's promulgation of the 
final rule that amends Appendix G--Section II.
    Until today, POTWs complying with the Part 503 land application 
chromium pollutant limits were eligible to seek removal credit 
authority for chromium. It would not make sense to eliminate removal 
credits for chromium when EPA has now decided not to regulate chromium 
in sewage sludge. While EPA is considering what concentration level for 
chromium to establish in Appendix G--Section II, a removal credit will 
continue to be available for chromium. If a POTW whose sewage sludge is 
land-applied requests authorization to grant a removal credit for 
chromium, the Approval Authority (EPA or an NPDES-authorized State with 
an approved pretreatment program) will make a decision on a case-by-
case basis about what the allowable chromium concentration for removal 
credits purposes should be.
    In today's final rulemaking, EPA also is correcting an error in the 
entry for bis(2-ethylhexyl)phthalate in Appendix G--Table II for a 
lined surface disposal site. The current entry is 100 milligrams per 
kilogram. Results of the surface disposal risk assessment indicate that 
the limit for bis(2-ethylhexyl)phthalate for a lined surface disposal 
site is unlimited (interpreted to mean greater 

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than 100,000 milligrams per kilogram)--see ``Technical Support Document 
for Surface Disposal of Sewage Sludge,'' EPA 822-R-93-019, November 
1992. For this reason, the entry in Table II for bis(2-
ethylhexyl)phthalate for a lined surface disposal site should be 
100,000 milligrams per kilogram (i.e. 100 grams per kilogram) instead 
of 100 milligrams per kilogram. The superscript 3 was inadvertently 
left-off of the current Table II entry for bis(2-ethylhexyl)phthalate 
for a lined surface disposal unit. Today's rulemaking corrects that 
error by adding the superscript 3 to the entry.

D. Procedural Requirements

    Based on its reassessment of the rulemaking record and new 
information, EPA is today taking final action amending its part 503 
regulations. EPA's action deletes the chromium pollutant limits for 
land application in Tables 1, 2, 3, and 4 of Sec. 503.13(b) and amends 
the selenium pollutant concentration limit in Table 3 of 
Sec. 503.13(b). EPA also is amending its list of pollutants in land-
applied sewage sludge that are eligible for a removal credit. EPA is 
removing chromium from the list of regulated pollutants and adding it 
to the list of unregulated pollutants for which a removal credit may be 
available.
    Section 553 of the Administrative Procedure Act provides that when 
an agency for good cause finds that notice and public comment procedure 
are impracticable, unnecessary or contrary to the public interest, it 
may issue a rule without first providing notice and comment. In 
addition, the agency may make the rule effective immediately. EPA has 
concluded here that it should amend both the part 403 and part 503 
regulations as described above without providing for notice and comment 
and make these changes effective immediately.

1. Notice and Comment

    EPA has concluded that notice and comment on today's action are 
unnecessary. As explained above, the D.C. Circuit concluded that the 
statute requires risk-based regulation and that the Agency lacked the 
data to support risk-based regulation of chromium to prevent plant 
injury. EPA has reviewed the record in the sewage sludge rulemaking in 
light of the D.C. Circuit decision. The Agency's second look at the 
data does not reveal additional information, not previously considered 
by EPA, that would support regulation of chromium in sewage sludge to 
prevent plant injury. As a result, the chromium land application 
pollutant limits must be withdrawn. Further, the data do not support 
adoption of a more stringent pollutant concentration limit for selenium 
than 100 mg/kg.
    EPA also has concluded that there is good cause for amending its 
part 503 regulation without first providing for notice and comment. EPA 
received ample comment on issues related to the regulation of chromium 
and selenium in sewage sludge that is applied to the land over the 
course of a lengthy, multi-year rulemaking effort. During the process, 
extensive comments on the Agency's pathway exposure assessments and the 
underlying data were received from nationally known experts on sewage 
sludge. Scientists possessing a wide understanding of the scientific 
and technical issues associated with sewage sludge use or disposal 
provided a broad critique of the exposure assessment models used to 
develop the proposed regulation. In developing the final regulation, 
EPA relied on several of these experts to develop the land application 
exposure assessment that formed the basis for the pollutant limits in 
Tables 1-4 of Sec. 503.13(b). In light of this, further comment is 
unwarranted.
    Under the final part 403 and part 503 regulations, a removal credit 
was available for chromium when sewage sludge is land applied, so long 
as the sewage sludge met the ceiling concentration limit of 3,000 mg/kg 
in Table 1 of 40 CFR 503.13(b)(1) and the pollutant limits in either 
Table 2, 3 or 4 at 40 CFR 503.13(b)(1). As explained above, to preserve 
the eligibility of chromium for a removal credit when EPA deleted 
chromium from Tables 1, 2, 3 and 4, EPA has added a footnote to the 
list of pollutants in Appendix G--Section II that indicates the land 
application chromium sewage sludge concentration for removal credit 
purposes will be determined on a case-by-case basis. Because EPA action 
in shifting chromium from Appendix G--Section I to Appendix G--Section 
II reflects no substantive change in the actual sewage sludge 
requirements that must be met for removal credit eligibility, comment 
on this change is not needed.

2. Effective date

    Under section 405 of the CWA, EPA's sewage sludge regulation must 
require compliance with the regulation as expeditiously as practicable 
but in no case later than 12 months after publication, unless such 
regulation requires construction of new pollution control facilities, 
in which case the regulation must require compliance expeditiously, but 
not later than two years from publication. The part 503 regulation was 
effective on March 22, 1993. In the case of the chromium pollutant 
limits, the regulation required compliance by February 19, 1994. 
Section 553 of the Administrative Procedure Act requires publication of 
a substantive rule not less than 30 days before its effective date 
except in certain circumstances. These include ``a substantive rule 
which grants or recognizes an exemption or relieves a restriction'' or 
``as otherwise provided by the agency for good cause found and 
published with the rule.'' 5 U.S.C. section 553(d) (1) and (3). Because 
this rule relieves a restriction, the Agency has determined that these 
amendments should be effective immediately.
    Given its determination that the rule should be effective 
immediately, the Agency also is providing, pursuant to 40 CFR 23.2, 
that the rule is issued for the purpose of judicial review on the 
effective date.

E. Regulatory Requirements

1. Executive Order 12866

    Executive Order 12866 requires EPA to prepare an assessment of the 
costs and benefits of any ``significant regulatory action.'' Because 
the effect of today's rule is to relieve the regulated community from 
current part 503 requirements, costs to the regulated community should 
be reduced. Consequently, no assessment of costs and benefits is 
required.

2. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601-612, 
whenever an agency is required to publish a General Notice of 
Rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the impact of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
No regulatory flexibility analysis is required, however, if the head of 
the Agency certifies that the rule will not have a significant impact 
on a substantial number of small entities.
    This action to modify the part 503 regulation promulgated today is 
deregulatory in nature and thus will only provide beneficial 
opportunities for entities that may be affected by the rule. 
Accordingly, I certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation, therefore, does not require a regulatory flexibility 
analysis.

3. Paperwork Reduction Act

    There are no reporting, notification, or recordkeeping 
(information) provisions 

[[Page 54768]]
in this rule. Such provisions, were they included, would be submitted 
for approval to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

4. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, or tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. When such a statement is needed for an EPA rule, section 205 
of the UMRA generally requires EPA to identify and consider a 
reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, giving them meaningful and 
timely input in the development of EPA regulatory proposals with 
significant Federal intergovernmental mandates, and informing, 
educating, and advising them on compliance with the regulatory 
requirements.
    EPA has determined that today's amendments to part 403 and part 503 
do not contain a Federal mandate that may result in expenditures of 
$100 million or more for State, local or tribal governments or the 
private sector in any one year. The changes to the part 503 regulation 
promulgated today, to the extent they reduce the costs of complying 
with current requirements, will, in fact, lessen the regulatory burden 
on State, local, or tribal governments.
    The part 503 regulation includes monitoring and recordkeeping 
requirements for certain POTWs and other treatment works treating 
domestic sewage when sewage sludge is applied to the land. Because EPA 
will no longer regulate the amount of chromium applied to the land in 
sewage sludge, POTWs and other treatment works treating domestic sewage 
will not need to incur any monitoring and recordkeeping cost for 
chromium. Consequently, there are either no (or reduced) costs 
associated with the final rule promulgated today. Thus, today's rule is 
not subject to the requirements in sections 202 and 205 of the Act.
    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments that may operate publicly owned treatment works (POTWs) 
generating sewage sludge. The rule would not significantly affect small 
governments because, as explained above, the amendments would reduce 
the monitoring and recordkeeping requirements associated with land 
application. The amendments also would not uniquely affect small 
governments because deleting the land application pollutant limits for 
chromium and changing the pollutant concentration limit for selenium 
will not affect POTWs operated by small governments differently from 
other sewage sludge users or disposers.

List of Subjects

40 CFR Part 403

    Environmental protection, Incineration, Land application, 
Pollutants, Removal credits, Sewage sludge, and Surface disposal.

40 CFR Part 503

    Environmental Protection, Frequency of monitoring, Incineration, 
Incorporation by reference, Land application, Management practices, 
Pathogens, Pollutants, Reporting and recordkeeping requirements, Sewage 
sludge, Surface disposal and Vector attraction reduction.

    Dated: October 10, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40 of the Code of 
Federal Regulations is amended as set forth below:

PART 403--GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW 
SOURCES OF POLLUTION

    1. The authority citation for 40 CFR part 403 continues to read as 
follows:

    Authority: Sec. 54(c)(2) of the Clean Water Act of 1977, (Pub. 
L. 95-217) sections 204(b)(1)(C), 208(b)(2)(C)(iii), 
301(b)(1)(A)(ii), 301(b)(2)(A)(ii), 301(b)(2)(C), 301(h)(5), 
301(i)(2), 304(e), 304(g), 307, 308, 309, 402(b), 405 and 501(a) of 
the Federal Water Pollution Control Act (Pub. L. 92-500) as amended 
by the Clean Water Act of 1977 and the Water Quality Act of 1987 
(Pub. L. 100-4).

    2. Appendix G to part 403 is revised to read as follows:

Appendix G To Part 403--Pollutants Eligible For A Removal Credit

    I. Regulated Pollutants in Part 503 Eligible for a Removal Credit   
------------------------------------------------------------------------
                                        Use or disposal practice        
          Pollutants           -----------------------------------------
                                     LA            SD             I     
------------------------------------------------------------------------
Arsenic.......................  X             X             X           
Beryllium.....................  ............  ............  X           
Cadmium.......................  X             ............  X           
Chromium......................  ............  X             X           
Copper........................  X                                       
Lead..........................  X             ............  X           
Mercury.......................  X             ............  X           
Molybdenum....................  X                                       
Nickel........................  X             X             X           
Selenium......................  X                                       
Zinc..........................  X               ..........              
Total hydrocarbons............  ............  ............  X\1\        
------------------------------------------------------------------------
Key:                                                                    
LA--land application.                                                   
SD--surface disposal site without a liner and leachate collection       
  system.                                                               
I--firing of sewage sludge in a sewage sludge incinerator.              
\1\The following organic pollutants are eligible for a removal credit if
  the requirements for total hydrocarbons in subpart E in 40 CFR Part   
  503 are met when sewage sludge is fired in a sewage sludge            
  incinerator: Acrylonitrile, Aldrin/Dieldrin(total), Benzene,          
  Benzidine, Benzo(a)pyrene, Bis(2-chloroethyl)ether, Bis(2-            
  ethylhexyl)phthalate, Bromodichloromethane, Bromoethane, Bromoform,   
  Carbon tetrachloride, Chlordane, Chloroform, Chloromethane,           
  DDD,DDE,DDT, Dibromochloromethane, Dibutyl phthalate, 1,2-            
  dichloroethane, 1,1-dichloroethylene, 2,4-dichlorophenol, 1,3-        
  dichloropropene, Diethyl phthalate, 2,4-dinitrophenol, 1,2-           
  diphenylhydrazine, Di-n-butyl phthalate, Endosulfan, Endrin,          
  Ethylbenzene, Heptachlor, Heptachlor epoxide, Hexachlorobutadiene,    
  Alpha-hexachlorocyclohexane, Beta-hexachlorocyclohexane,              
  Hexachlorocyclopentadiene, Hexachloroethane, Hydrogen cyanide,        
  Isophorone, Lindane, Methylene chloride, Nitrobenzene, N-             
  Nitrosodimethylamine, N-Nitrosodi-n-propylamine, Pentachlorophenol,   
  Phenol, Polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzo-p-      
  dioxin, 1,1,2,2,-tetrachloroethane, Tetrachloroethylene, Toluene,     
  Toxaphene, Trichloroethylene, 1,2,4-Trichlorobenzene, 1,1,1-          
  Trichloroethane, 1,1,2-Trichloroethane, and 2,4,6-Trichlorophenol.    


                                                                        

[[Page 54769]]
                             II. Additional Pollutants Eligible for a Removal Credit                            
                                   [milligrams per kilogram--dry weight basis]                                  
----------------------------------------------------------------------------------------------------------------
                                                                      Use or disposal practice                  
                                                   -------------------------------------------------------------
                     Pollutant                                                                   I              
                                                          LA             SD       ------------------------------
                                                                                     Unlined\1\       Lined\2\  
----------------------------------------------------------------------------------------------------------------
Arsenic...........................................  .............  ..............      \3\100      .............
Aldrin/Dieldrin (Total)...........................           2.7   ..............  ..............  .............
Benzene...........................................       \3\16            140            3400      .............
Benzo(a)pyrene....................................          15         \3\100          \3\100      .............
Bis(2-ethylhexyl)phthalate........................  .............      \3\100          \3\100      .............
Cadmium...........................................  .............      \3\100          \3\100      .............
Chlordane.........................................          86         \3\100          \3\100      .............
Chromium..........................................         \4\     ..............      \3\100      .............
Copper............................................  .............       \3\46          \3\100            1400   
DDD, DDE, DDT (Total).............................           1.2         2000            2000      .............
2,4 Dichlorophenoxy-acetic acid...................  .............           7               7      .............
Fluoride..........................................         730     ..............  ..............  .............
Heptachlor........................................           7.4   ..............  ..............  .............
Hexachlorobenzene.................................          29     ..............  ..............  .............
Hexachlorobutadiene...............................         600     ..............  ..............  .............
Iron..............................................       \3\78     ..............  ..............  .............
Lead..............................................  .............      \3\100          \3\100      .............
Lindane...........................................          84          \3\28           \3\28      .............
Malathion.........................................  .............           0.63            0.63   .............
Mercury...........................................  .............      \3\100          \3\100      .............
Molybdenum........................................  .............          40              40      .............
Nickel............................................  .............  ..............      \3\100      .............
N-Nitrosodimethylamine............................           2.1            0.088           0.088  .............
Pentachlorophenol.................................          30     ..............  ..............  .............
Phenol............................................  .............          82              82      .............
Polychlorinated biphenyls.........................           4.6          <50             <50      .............
Selenium..........................................  .............           4.8             4.8             4.8 
Toxaphene.........................................          10          \3\26           \3\26      .............
Trichloroethylene.................................       \3\10           9500           \3\10      .............
Zinc..............................................  .............        4500            4500           4500    
----------------------------------------------------------------------------------------------------------------
Key: LA--land application.                                                                                      
SD--surface disposal.                                                                                           
I--incineration.                                                                                                
\1\ Sewage sludge unit without a liner and leachate collection system.                                          
\2\ Sewage sludge unit with a liner and leachate collection system.                                             
\3\ Value expressed in grams per kilogram--dry weight basis.                                                    
\4\ Value to be determined on a case-by-case basis.                                                             



PART 503--STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE

    1. The authority citation for part 503 continues to read as 
follows:

    Authority: Sections 405(d) and (e) of the Clean Water Act, as 
amended by Pub. L. 95-217, Sec. 54(d), 91 Stat. 1591 (33 U.S.C. 1345 
(d) and (e)); and Pub. L. 100-4, Title IV, Sec. 406 (a), (b), 101 
Stat., 71, 72 (33 U.S.C. 1251 et seq.).

    2. Sec. 503.13(b) is revised to read as follows:


Sec. 503.13  Pollutant limits.

* * * * *
    (b) Pollutant concentrations and loading rates--sewage sludge.
    (1) Ceiling concentrations.

             Table 1 of Sec. 503.13.--Ceiling Concentrations            
------------------------------------------------------------------------
                                                              Ceiling   
                                                           concentration
                        Pollutant                           (milligrams 
                                                                per     
                                                            kilogram)\1\
------------------------------------------------------------------------
Arsenic..................................................            75 
Cadmium..................................................            85 
Copper...................................................          4300 
Lead.....................................................           840 
Mercury..................................................            57 
Molybdenum...............................................            75 
Nickel...................................................           420 
Selenium.................................................           100 
Zinc.....................................................          7500 
------------------------------------------------------------------------
\1\Dry weight basis.                                                    

    (2) Cumulative pollutant loading rates.

       Table 2 of Sec. 503.13.--Cumulative Pollutant Loading Rates      
------------------------------------------------------------------------
                                                              Cumulative
                                                              pollutant 
                                                               loading  
                         Pollutant                               rate   
                                                              (kilograms
                                                                 per    
                                                               hectare) 
------------------------------------------------------------------------
Arsenic....................................................           41
Cadmium....................................................           39
Copper.....................................................         1500
Lead.......................................................          300
Mercury....................................................           17
Nickel.....................................................          420
Selenium...................................................          100
Zinc.......................................................         2800
------------------------------------------------------------------------

    (3) Pollutant concentrations.

                                                                        

[[Page 54770]]
            Table 3 of Sec. 503.13.--Pollutant Concentrations           
------------------------------------------------------------------------
                                                              Monthly   
                                                              average   
                                                           concentration
                        Pollutant                           (milligrams 
                                                                per     
                                                            kilogram)\1\
------------------------------------------------------------------------
Arsenic..................................................            41 
Cadmium..................................................            39 
Copper...................................................          1500 
Lead.....................................................           300 
Mercury..................................................            17 
Nickel...................................................           420 
Selenium.................................................           100 
Zinc.....................................................          2800 
------------------------------------------------------------------------
\1\Dry weight basis.                                                    


    (4) Annual pollutant loading rates.

         Table 4 of Sec. 503.13.--Annual Pollutant Loading Rates        
------------------------------------------------------------------------
                                                               Annual   
                                                              pollutant 
                                                            loading rate
                         Pollutant                           (kilograms 
                                                             per hectare
                                                             per 365 day
                                                               period)  
------------------------------------------------------------------------
Arsenic...................................................          2.0 
Cadmium...................................................          1.9 
Copper....................................................         75   
Lead......................................................         15   
Mercury...................................................          0.85
Nickel....................................................         21   
Selenium..................................................          5.0 
Zinc......................................................        140   
------------------------------------------------------------------------

* * * * *
[FR Doc. 95-25740 Filed 10-24-95; 8:45 am]
BILLING CODE 6560-50-P