[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Notices]
[Pages 37256-37257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18248]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5857-2]


Water Pollution Control; Program Application by South Carolina to 
Administer the Sludge Management (Biosolids) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of application and public comment period.

-----------------------------------------------------------------------

SUMMARY: Pursuant to 40 CFR 123.61, the State of South Carolina has 
submitted an application for EPA to approve the existing South Carolina 
Domestic Sewage Sludge Permitting Program for authorization to 
administer and enforce the federal sewage sludge management (biosolids) 
program. According to the State's proposal, this program would be 
administered by the South Carolina Department of Health and 
Environmental Control (SCDHEC).
    The application from South Carolina is complete and is available 
for inspection and copying. Persons wishing to comment upon or object 
to any aspects of the application from South Carolina or wishing to 
request a public hearing, are invited to submit the same in writing by 
August 28, 1997 to the Office of Environmental Assessment, 
Environmental Protection Agency Region 4, 61 Forsyth Street, S.W., 
Atlanta, Georgia 30303-3104, Attention: Ms. Lena Scott. The public 
notice number and reference to the program application by South 
Carolina to administer the sludge management (biosolids) program should 
be included in the first page of comments.

FOR FURTHER INFORMATION CONTACT: Mr. Roosevelt Childress, Chief, 
Surface Water Permits Section, telephone (404) 562-9279, or Mr. Vince 
Miller, EPA Region 4 Sludge Management Coordinator, telephone (404) 
562-9312, or write to the following address: Water Management Division, 
Surface Water Permits Section, U.S. EPA, Region 4, Atlanta Federal 
Center, 61 Forsyth Street, S.W., Atlanta, Georgia 30303-3104.

SUPPLEMENTARY INFORMATION: Section 405 of the Clean Water Act (CWA), 33 
U.S.C. 1345, created the sludge management program, allowing EPA to 
issue permits for the disposal of sewage sludge under conditions 
required by the CWA. Section 405(c) of the CWA provides that a state 
may submit an application to EPA for administering its own program for 
issuing sewage sludge permits within its jurisdiction. EPA is required 
to approve each such submitted state program unless EPA determines that 
the program does not meet the requirements of the EPA regulations 
implementing those sections.
    South Carolina's application for sludge management program approval 
contains a letter from the Governor requesting program approval, an 
Attorney General's Statement, copies of pertinent State statutes and 
regulations, the SCDHEC Program Description, and a draft SCDHEC/EPA 
Memorandum of Agreement(MOA).
    Indian Tribes. The term ``Indian Tribe'' is defined under the Act 
as ``any Indian Tribe, band, nation, or other organized group of 
community, including any Alaskan Native village, which is federally 
recognized as eligible for the special programs, and services provided 
by the United States to Indians because of their status as Indians.'' 
EPA notes that South Carolina's application does not, nor does it 
intend to, include management of sewage sludge on lands within Indian 
Country. EPA will retain authority for administering the federal sewage 
sludge management program within Indian Country.

Availability of State Submittal

    South Carolina's submittal may be reviewed by the public from 8:00 
a.m. to 4:00 p.m., Monday through Friday, excluding holidays, at the 
South Carolina Department of Health and Environmental Control, Water 
Facilities Permitting Division; 2600 Bull Street, South Carolina 29201-
1708 or at the EPA Regional Office in Atlanta, Georgia, at the address 
appearing earlier in this notice.
    Copies of the submittal may be obtained at a cost of $0.25 per page 
by check made payable to the South Carolina Department of Health and 
Environmental Control. Requests for copies should be addressed to Mr. 
Michael J. Montebello, South Carolina Department of Health and 
Environmental Control at the address provided above or at telephone 
number (803) 734-5226.

EPA's Decision

    After the close of the public comment period, EPA will decide 
whether to approve or disapprove South Carolina's sludge management 
program. The decision will be based on the requirements of Section 405 
of the CWA and EPA regulations promulgated thereunder.
    If the South Carolina program is approved, EPA will so notify the 
State. Notice will be published in the Federal Register and, as of the 
date of program approval, EPA will suspend issuance of sewage sludge 
permits in South Carolina (except, as discussed above, for those sewage 
sludge use or disposal management practices in ``Indian Country''). The 
State's program will operate in lieu of the EPA-administered program. 
However, EPA will retain the right, among other things, to object to 
sewage sludge permits proposed to be issued by South Carolina and to 
take enforcement actions for violations. If EPA disapproves South 
Carolina's sludge management program, EPA will notify the State of the 
reasons for disapproval and of any revisions or modifications to the 
State program that are necessary to obtain approval.

[[Page 37257]]

Review Under Regulatory Flexibility Act and Executive Order 12866

    Under the Regulatory Flexibility Act, EPA is required to prepare a 
Regulatory Flexibility Analysis for all rules that may have a 
significant impact on a substantial number of entities. The proposed 
approval of the South Carolina Sewage Sludge Permitting Program does 
not alter the regulatory control over any industrial category. No new 
substantive requirements are established by this action. Therefore, I 
hereby certify that because this notice does not have a significant 
impact on a substantial number of small entities, a Regulatory 
Flexibility Analysis is not needed.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to the Office of Management and Budget's review.

    Dated: July 2, 1997.
Beverly H. Banister,
Acting Director, Water Management Division, Environmental Protection 
Agency, Region 4.
[FR Doc. 97-18248 Filed 7-10-97; 8:45 am]
BILLING CODE 6560-50-P