[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Notices]
[Pages 58550-58554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29178]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5651-1]


Proposed National Pollutant Discharge Elimination System General 
Permit and Reporting Requirements for the Final Beneficial Reuse or 
Disposal of Municipal Sewage Sludge

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 Louisiana. 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: The CWA states that all permits issued under section 402 
include requirements for the use and disposal of sludge that implement 
the regulations established (40 CFR Part 503 and 40 CFR Part 258) 
pursuant to section 405(d) of the CWA.
    The State of Louisiana was authorized to implement the National 
Pollutant Discharge Elimination System (NPDES) program on August 27, 
1996. It is not applying for authorization to implement the sewage 
sludge program. The Louisiana 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 found in 58 FR 9248, 9404 
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

[[Page 58551]]

January 14, 1997. 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 Ellen Caldwell, 
Administrative Support Office of the Water Quality Protection Division 
(6WQ-O) U.S. Environmental Protection Agency Region 6, 1445 Ross Ave. 
Suite 1200, Dallas, Texas 75202 (214) 665-7513.
    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 Ellen Caldwell 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 Ellen Caldwell, Administrative Support 
Office of the Water Quality Protection Division (6WQ-O), U.S. 
Environmental Protection Agency Region 6, 1445 Ross Ave., Suite 1200, 
Dallas, Texas 75202 (214) 665-7513.

HEARINGS: A meeting and public hearing will be held on December 12, 
1996, at the following location: Maynard Ketchum Building, Rm. #326, 
Jimmy Swaggart Bible College Campus, 7220 Bluebonnet, Baton Rouge, 
Louisiana.
    The public meeting will begin at 2:00 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:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             entities          
------------------------------------------------------------------------
Treatment Works Treating Domestic Sewage..  Publicly Owned Treatment    
                                             Works (Municipalities).    
Treatment Works Treating Domestic Sewage..  Sewage Sludge Treatment     
                                             Devices (Including Blenders
                                             of Sewage Sludge).         
Treatment Works Treating Domestic Sewage..  Wastewater Treatment        
                                             Devices.                   
Treatment Works Treating Domestic Sewage..  Federal Facilities Treating 
                                             Domestic Sewage.           
Treatment Works Treating Domestic Sewage..  Owners of Land Dedicated to 
                                             the Disposal of Sewage     
                                             Sludge.                    
------------------------------------------------------------------------

    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 operators 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 an 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. 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: General permits, where the TWTDS 
authorized by a general permit to final reuse or dispose sewage sludge, 
is requesting to be excluded from the coverage of the general permit by 
applying for a permit (see 40 CFR Subpart 122.28(b)(2)(iii) for EPA 
issued general permits); or the Director requiring a TWTDS authorized 
by a general permit to apply for an individual permit (see 40 CFR 
Subpart 122.28(b)(2)(ii) 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 proposed a general permit for final beneficial reuse 
and disposal of municipal sewage sludge in Louisiana. The following 
portion provides notice for the draft general permit and accompanying 
fact sheet for a general Sewage Sludge permit in Louisiana. This draft 
general permit is intended to cover the final beneficial

[[Page 58552]]

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 upon issuance.
EPA Contacts
    United States EPA, Region 6, Water Quality Protection Division 
(6WQ-PM). 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 Louisiana with requirements for the final reuse or disposal of 
municipal sewage sludge.
    Designated Treatment Works Treating Domestic Sewage. 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 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.

V. 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.

VI. 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 and the National Marine Fisheries Service (the Services) 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 effect 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 effect 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 parish 
in which the TWTDS, surface

[[Page 58553]]

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 parish 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.
    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 affect 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 effect 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 Services (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 Assistant Administrator for Fisheries for the 
National Oceanic and Atmospheric Administration, or his/her authorized 
representative, or the U.S. Fisheries and Wildlife Service (as well as 
any other interested parties) may petition EPA to require that a 
permittee obtain an individual sewage sludge permit. The permittee is 
also required to make the recordkeeping information required by the 40 
CFR Part 503 regulations and the permit available upon request to the 
Assistant Administrator for Fisheries for the National Oceanic and 
Atmospheric Administration, or his/her authorized representative, or 
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, both 
Services concurred that the draft permit will not adversely affect 
listed species. Comments submitted by both agencies were addressed in 
the draft permit as requested.

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 Louisiana Department of 
Culture, Recreation, and Tourism determined it had no objections to the 
general permit based on the NHPA. Comments submitted by the agency were 
addressed in the draft permit as requested.

D. Executive Order 12291

    Executive Order 12291 requires EPA to prepare a Regulatory Impact 
Analysis (RIA) for major regulations, which are defined by certain 
levels of costs and impacts. For example, the Executive Order specifies 
that a regulation imposing an annual cost and benefits to the economy 
of $100 million or more is considered ``major'' under the terms of the 
Order. According to the Executive Order, the RIA should contain 
descriptions of both potential costs and benefits.
    Based on EPA's estimate of the incremental costs of complying with 
the

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final 40 CFR Part 503 regulation, the Agency does not consider the 
final 40 CFR Part 503 regulation to be a major rule as defined in 
Executive Order 12291. Hence, since this permit reflects only the 
provisions in the final 40 CFR Part 503 regulations, compliance with 
this general permit is not considered a major impact.

E. Paperwork Reduction Act

    The annual public reporting burden for the collection of 
information imposed by this general permit is the same as that imposed 
by the now final 40 CFR Part 503 regulations. Respondent reporting and 
record keeping burden for this collection of information includes time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and revising the 
collection of information. The information collection requirements were 
submitted and approved to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq.

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act requires all Federal agencies to 
analyze the impact of a regulation on small businesses, small 
governmental jurisdictions, and small organizations. The purpose of 
this analysis is to determine the extent to which the general permit, 
as a result of the regulations, has an impact on small entities and the 
nature of those impacts.
    The total estimated compliance costs for the final 40 CFR Part 503 
regulation and for this general permit, since the conditions are the 
same, for small entities is $14.1 million, the majority of which is 
attributed to land application and surface disposal of sewage sludge. 
Of the total estimated costs for all small entities, 73 percent is 
attributed to entities (treatment works and septage haulers) that place 
sewage sludge on a surface disposal site.
    Estimated compliance costs for the 40 CFR Part 503 regulation and 
this general permit for small publicly and privately owned treatment 
works are $11.0 million for direct and indirect costs including $0.4 
million for cost of reading and interpreting the regulation. Thus, 
compliance costs for small treatment works are only about 23 percent of 
the total estimated compliance costs for all treatment works and firms. 
EPA has judged that small privately or publicly owned treatment works 
are not subject to substantial compliance costs under 40 CFR Part 503.

    Signed this 15th day of October, 1996.
Oscar Ramirez, Jr.
Acting Director, Water Quality Protection Division (6WQ), EPA Region 6
[FR Doc. 96-29178 Filed 11-14-96; 8:45 am]
BILLING CODE 6560-50-P