[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Notices]
[Pages 44962-44984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22427]



[[Page 44961]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



Final National Pollutant Discharge Elimination System General Permit 
and Reporting Requirements for the Final Beneficial Reuse or Disposal 
of Municipal Sewage Sludge (LAG650000); Notice

  Federal Register / Vol. 63, No. 162 / Friday, August 21, 1998 / 
Notices  

[[Page 44962]]



ENVIRONMENTAL PROTECTION AGENCY

[FRL-6148-8]


Final National Pollutant Discharge Elimination System General 
Permit and Reporting Requirements for the Final Beneficial Reuse or 
Disposal of Municipal Sewage Sludge (LAG650000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Section 305(f)(1) of the CWA provides that 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 40 CFR part 258).
    The State of Louisiana was authorized to implement the National 
Pollutant Discharge Elimination System (NPDES) program on August 27, 
1996. It did not apply for authorization to implement the sewage sludge 
program at that time. The Louisiana Pollutant Discharge Elimination 
System permits issued to wastewater treatment facilities will not 
provide permit coverage for disposal of sewage sludge. EPA is issuing 
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.

ADDRESSES: The public record is located at EPA Region 6, and is 
available upon written request. Requests for copies of the public 
record including a complete copy of the response to comments and the 
general permit should be addressed 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. at the address above. A reasonable fee may be 
charged for copying.

DATES: The permit will become effective September 21, 1998. The 
expiration date is September 22, 2003.

FOR FURTHER INFORMATION CONTACT: For further information on the general 
permit contact Stephanie Kordzi, Oversight Team, of the Water Quality 
Protection Division (6WQ-PO), U.S. Environmental Protection Agency 
Region 6, 1445 Ross Ave., Suite 1200, Dallas, Texas 75202, (214) 665-
7520.

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 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.

II. Permitting

A. Application of General Permit

    This public notice specifies that official notification is required 
for coverage under this general permit pursuant to 40 CFR 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.

B. Deadlines for Notification

    1. Existing Facility. Individuals who intend to obtain coverage for 
an existing TWTDS where sludge is generated, treated, land applied for 
beneficial reuse, surface disposed or disposed in a municipal solid 
waste landfill under this general permit shall submit notification to 
the EPA in accordance with the requirements of this part on or before 
90 days after the effective date of the permit. The effective date of 
the permit is 30 days following publication of the permit in the 
Federal Register;
    2. New Facility. Operators of facilities that begin operations 
after 90 days after permit finalization shall submit a notification to 
the EPA in accordance with the requirements of this part at least 2 
days prior to the commencement of the industrial activity at the 
facility.
    3. New Operator. Where the operator of a facility that is covered 
by this permit changes, the new operator of the facility must submit a 
notification to the EPA in accordance with the requirements of this 
part at least 2 days prior to the change.
    4. Late Notification. An operator associated with sewage sludge 
generation, treatment, final reuse or disposal is not precluded from 
submitting a notification to the EPA in accordance with the 
requirements of this part after the dates provided in Parts II.B.1., 
2., or 3. (above) of this permit.
    5. Owners or operators of facilities authorized by this permit 
shall notify the Louisiana Department of Environmental Quality (LDEQ) 
that they are covered by this permit. State notification must be made 
within 30 days of issuance of this permit or upon completion of a new 
facility.

C. Contents of Notice of Intent

    Notifications to the EPA shall be signed in accordance with the 
Signatory Requirements of the general permit and shall include the 
following information:
    1. The operator's name, address, telephone number, and status as 
Federal, State, private, public, or other entity.
    2. An indication of whether the TWTDS (including the land 
application and disposal sites) are located on Federal Indian 
Reservations.
    3. The permit number(s) of additional permit(s) (Federal, State, 
and local) authorizing activities associated with the generation, 
treatment, land application for beneficial reuse, surface disposal or 
disposal of sludge in a

[[Page 44963]]

municipal solid waste landfill currently authorized by other permits.
    4. Description of the permittee's sludge use and disposal 
practices.
    5. Presence of Endangered Species. Based on the instructions in 
Addendum A, no species identified in Addendum A are in proximity to the 
sites where sewage sludge is generated, treated, land applied for 
beneficial reuse, surface disposed, or disposed in a municipal solid 
waste landfill.
    6. National Historic Preservation Act Compliance. A yes or no 
response to the following statement: Applicant has obtained and is in 
compliance with Historic Preservation Agreement.
    7. Eligibility Certification. The following certifications shall be 
signed in accordance with Part VI.

    ``I certify under penalty of law that I have read and understand 
the Part IV.B. eligibility requirements for coverage under the 
sewage sludge general permit including those requirements relating 
to the protection of species identified in Addendum A.''
    ``To the best of my knowledge the sludge generation, sludge 
treatment processes, land application for beneficial reuse, surface 
disposal, and disposal in a municipal solid waste landfill covered 
under this permit, are not likely and will not likely, adversely 
affect any species identified in Addendum A of this permit, or are 
otherwise eligible for coverage due to previous authorization under 
the Endangered Species Act.''
    ``To the best of my knowledge, I further certify that such 
activities, do not have an effect on properties listed or eligible 
for listing on the National Register of Historic Places under the 
National Historic Preservation Act, or are otherwise eligible for 
coverage due to a previous agreement under the National Historic 
Preservation Act.''
    ``I understand that continued coverage under the sewage sludge 
general permit is contingent upon maintaining eligibility as 
provided for in Part IV.B.''

C. Where To Submit

    Facilities that generate, treat, land apply for beneficial reuse, 
surface dispose, or dispose of sludge in a municipal solid waste 
landfill must notify the EPA at the following address. The notification 
must be signed in accordance with the Signatory Requirements of the 
general permit. The notification is to be submitted to the Chief of the 
Water Enforcement Branch (6EN-W) at the following address: Sewage 
Sludge Notice of Intent, Water Enforcement Branch (6EN-W), Region 6, 
U.S. Environmental Protection Agency, P.O. Box 50625, Dallas, Texas 
75270.

III. 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 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.
    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 affect 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 affect, 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 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

[[Page 44964]]

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 during the public notice 
period regarding compliance with the ESA.

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 the 
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 during the public 
notice period regarding compliance with the NHPA.

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 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), Pub. 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 extend 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''

[[Page 44965]]

for UMRA purposes but are treated with rule-like procedures.

IV. Final General Permit for Final Beneficial Reuse and Disposal of 
Municipal Sewage Sludge

A. Today's Document

    Today's document discusses the issuance of a general permit to 
regulate the final beneficial reuse and disposal of municipal sewage 
sludge in Louisiana. The permit was proposed and published in the 
Federal Register on November 15, 1996, found in 58 FR 58550, 58554. The 
following portion of the notice describes conditions of certification 
under section 401 of the CWA submitted by the LDEQ on the proposed 
general Sewage Sludge permit. Only the LDEQ submitted comments during 
the public notice period.
    1. The final permit was revised to contain a provision that sewage 
sludge with a concentration of PCB's equal to or greater than 10 mg/kg 
be incorporated into the soil. The condition of certification made by 
LDEQ is based on Federal regulations 40 CFR 257.3-5 (Interim Final), 
which states that solid waste, containing concentrations of PCB's equal 
to or greater than 10 mg/kg (dry weight) must be incorporated into the 
soil.
    2. In addition, the LDEQ required, as a condition of certification, 
that a recommendation be included in the permit requiring exceptional 
quality sludge be land applied at agronomic rates. The final permit was 
revised to include the recommendation. In addition, the permit was 
revised to clarify that applying sewage sludge at an agronomic rate 
applies to both nitrogen and phosphorous for all sewage sludge 
beneficially reused. Nitrogen shall be considered the limiting 
pollutant in unimpaired watershed areas. Phosphorous shall be 
considered the limiting pollutant when the sewage sludge is land 
applied in an impaired watershed area. Impaired watershed areas are 
defined in the 1998 Louisiana' Water Quality Limited Waterbodies--
303(d) list. A copy of the 303(d) list can be obtained from Barbara 
Romanowsky, Louisiana Department of Environmental Quality, P.O. Box 
82215, Baton Rouge, Louisiana 70884-2215.
    3. The LDEQ required, as a condition of certification, that the 
land application restrictions included in the permit also include 
restrictions with regards to slope. The following table was included in 
the final permit and is based on proposed changes to the state of 
Louisiana sewage requirements:

------------------------------------------------------------------------
           Slope percent                   Application restriction      
------------------------------------------------------------------------
0-3...............................  None, except drainage to prevent    
                                     standing water shall be provided.  
                                     Liquid or solid material may be    
                                     applied.                           
3-6...............................  Application of liquid or solid      
                                     material may be made. A 100 foot   
                                     vegetated runoff area should be    
                                     provided at the downslope end of   
                                     the application area if a liquid is
                                     applied. Measures should be taken  
                                     to prevent erosion.                
6-12..............................  Liquid material must be injected    
                                     into the soil. Solid material must 
                                     be incorporated into the soil if   
                                     the site is not covered with       
                                     vegetation. A 100 foot vegetated   
                                     runoff area is required at the     
                                     downslope end of the application   
                                     area for all applications. Measures
                                     must be taken to prevent erosion.  
>12...............................  Unsuitable for application unless a 
                                     200 foot vegetated buffer area with
                                     a slope of less than 3% is provided
                                     at the downslope edge of the       
                                     application area and the material  
                                     is incorporated (solid material)   
                                     and injected (liquid material) into
                                     the soil. Measures must be taken to
                                     prevent erosion.                   
------------------------------------------------------------------------

    4. The definition of ``contaminate an aquifer'' was revised in the 
final permit to reference a revised regulatory citation 40 CFR Subpart 
141.62(b).
    5. A provision in the permit was revised to only allow vector 
attraction reduction alternatives 1-5 be used either prior to or at the 
same time pathogen reduction is met.

Effective Date of Requirements

    This permit shall become effective 30 days from the publication 
date in the Federal Register. The effective date has been revised from 
the defined date in the proposed permit.

NPDES General Permit for Final Reuse and Disposal of Sewage Sludge

Table of Contents

Part I. Coverage Under this Permit
Part II. General Permit Conditions
Part III. Inspections and Information
Part IV. Notification Requirements
Part V. Permit Actions
Part VI. Signatory Requirements
Part VII. Termination of Coverage
Part VIII. Monitoring
Part IX. Records
Part X. Definitions
Part XI. Outline of Permit
Part XII. Instructions to Permittees
Part XIII. Body of Permit

Addenda

Addendum A  Endangered Species Guidance
Addendum B  National Historic Preservation Act Guidance

Part I. Coverage Under This Permit

A. Permit Area

    The permit covers all areas administered by Region 6 in the State 
of Louisiana.

B. Coverage and Eligibility

    Unless excluded from coverage in accordance with Part I, paragraph 
C or D below, treatment works treating domestic sewage (TWTDS) that are 
defined in 40 CFR 122.2 and are subject to the requirements of 40 CFR 
part 503 and 40 CFR part 258 are authorized under the terms and 
conditions of this permit.
    1. Permittees must retain on site a copy of the permit.
    2. TWTDS With Expired Permits or Pending Applications. All 
facilities which have expired permits and have reapplied in accordance 
with 40 CFR 122.21(d); and all facilities which have submitted 
applications in accordance with 40 CFR 122.21(a) are automatically 
covered by the terms of this permit. A permittee may request to be 
excluded from coverage by this permit by applying for an individual 
permit in accordance with 40 CFR 122.28(b)(2)(iii).

C. Limitations on Coverage

    The following activities are not covered by this permit; TWTDS that 
the Director has determined to be or may reasonably be expected to pose 
a potential threat to human health and the environment due to toxic 
pollutants or, which have been notified by the Director to file for an 
individual or alternative general permit in accordance with Part I, D. 
(below) of this permit.

D. Requiring an Individual Permit or an Alternative General Permit

    1. The Director may require any person authorized by this permit to 
apply for and obtain either an individual sewage sludge permit or an 
alternative sewage sludge general permit as provided in 40 CFR 
122.28(b) (2) or (3). The Director will notify the owner or operator in 
writing that a permit application is required. If an owner or operator 
fails to submit an individual permit application in a timely manner 
required under this paragraph by the

[[Page 44966]]

Director, then the applicability of this general permit to the 
individual permittee is automatically terminated at the end of the day 
specified for application submittal.
    2. Any owner or operator authorized by this permit may request to 
be excluded from the coverage of this permit by applying for an 
individual permit as provided in 40 CFR 122.28(b)(2)(iii). The owner or 
operator shall submit application information as required by 40 CFR 
122.21(c)(2) to the Director with reasons supporting the request.
    3. When an individual permit is issued to an owner or operator 
otherwise subject to this permit, or the owner or operator is approved 
for coverage under an alternative general permit, the applicability of 
this permit to the facility is automatically terminated on the 
effective date of the individual permit or on the date of approval for 
coverage under the alternative general permit. When an individual 
permit is denied to an owner or operator otherwise subject to this 
permit, or the owner or operator is denied for coverage under an 
alternative general permit, the permittee is automatically reinstated 
under this permit on the date of such denial unless otherwise specified 
by the Director.

E. Permit Expiration

    Coverage under this permit will expire five (5) years from the date 
of issuance. The conditions of an expired permit continue in force 
until the effective date of a new permit (40 CFR 122.6).

F. Endangered Species Protection

    Permit Coverage Restrictions: In order to be eligible for coverage 
under this permit, the applicant must comply with the Endangered 
Species Act. Land application, surface disposal, or disposal of sludge 
in a municipal solid waste landfill may be covered under this permit 
only if either:
    1. Sewage sludge activities are not likely to adversely affect 
species identified in Addendum A of this permit; or
    2. The applicant's activity has received previous authorization 
under the Endangered Species Act and established an environmental 
baseline that is unchanged; or,
    3. The applicant is implementing appropriate measures as required 
by the Director to address adverse affects. All TWTDS applying for 
coverage under this sewage sludge general permit must certify that 
their activities regarding the generation, treatment, land application 
for beneficial reuse, surface disposal, or disposal of sludge in a 
municipal solid waste landfill are not likely to adversely affect 
species identified in Addendum A of this permit.

G. National Historic Preservation Act

    In order to be eligible for coverage under this permit, the 
applicant must be in compliance with the National Historic Preservation 
Act. Activities associated with the generation, treatment, land 
application for beneficial reuse, surface disposal, or disposal of 
sludge in a municipal solid waste landfill may be covered under this 
permit only if:
    1. Operations do not affect a property that is listed or is 
eligible for listing in the National Historic Register maintained by 
the Secretary of Interior; or,
    2. The applicant has obtained and is in compliance with a written 
agreement between the applicant and the State Historic Preservation 
Officer (SHPO) that outlines all measures to be undertaken by the 
applicant to mitigate or prevent adverse effects to the historic 
property.

Part II. General Permit Conditions

    A. The permittee shall comply with all conditions in this permit. 
Failure to comply with this permit constitutes a violation of the Clean 
Water Act (CWA) and is grounds for an enforcement action or for 
modification, revocation and reissuance, or termination of the permit.
    B. The permittee shall take all reasonable steps to minimize or 
prevent any sludge use or disposal practice which violates this permit 
and which also has a reasonable likelihood of adversely affecting human 
health or the environment.
    C. Violation of a permit condition may result in imposition of a 
civil penalty of up to $25,000 per day for each violation. 
Alternatively, violation of a permit condition may result in imposition 
of administrative penalty assessed by the U.S. Environmental Protection 
Agency.
    D. Negligent violation of a permit condition may result in 
imposition of a fine ranging from $2,500 to $25,000 per day for each 
violation; or imprisonment for up to one year; or both a fine and 
imprisonment.
    E. Knowing violation of a permit condition may result in imposition 
of a fine ranging from $5,000 to $50,000 per day for each violation; or 
imprisonment for up to three years; or both a fine and imprisonment.
    F. If the only means whereby the permittee can maintain compliance 
with the conditions of this permit is to halt or reduce the permitted 
activity, then the permittee's failure to do so shall not constitute a 
defense in an enforcement action against the permittee.
    G. The permittee shall properly operate and maintain all facilities 
and systems of treatment and control, with all related appurtenances, 
including adequate laboratory controls and appropriate quality 
assurance procedures, which have been installed or used by the 
permittee for the purpose of achieving compliance with the conditions 
of this permit. The permittee shall also properly operate and maintain 
backup or auxiliary facilities or similar systems when their operation 
is necessary to achieve compliance with the conditions of this permit.

Part III. Inspections and Information

    A. The permittee shall furnish to the permitting authority, within 
a reasonable time, any information requested for the purposes of 
determining compliance with the permit or determining whether cause 
exists for modifying, revoking and reissuing, or terminating this 
permit. The permittee shall also furnish, upon request of the 
permitting authority, copies of any records required to be kept under 
the conditions of this permit.
    B. The permittee shall allow a properly credentialed representative 
of the permitting authority to perform the following functions: (1) 
Enter the permittee's premises where a regulated facility is located, 
where a regulated activity is being conducted, or where records are 
required to be kept under the conditions of this permit. (2) At 
reasonable times, have access to and copy any records required to be 
kept under the conditions of this permit. (3) At reasonable times, 
inspect any facilities, equipment (including monitoring and control 
equipment), practices, or operations either regulated or required under 
this permit. (4) At reasonable times, sample and monitor any 
substances, parameters or practices at any location, either for the 
purposes of assuring permit compliance or as otherwise authorized by 
the CWA.

Part IV. Notification Requirements

A. Deadlines for Notification

    1. Existing Facility. Except as provided in paragraphs IV.A.3. (New 
Operator), and IV.A.4. (Late Notification) of this Part, individuals 
who intend to obtain coverage for an existing TWTDS where sludge is 
generated, treated, land applied for beneficial reuse, surface disposed 
or disposed in a municipal solid waste landfill under this general 
permit shall

[[Page 44967]]

submit notification to the EPA in accordance with the requirements of 
this part on or before 90 days after permit finalization.
    2. New Facility. Except as provided in paragraphs, IV.A.3. (New 
Operator), and IV.A.4. (Late Notification) of this part, operators of 
facilities that begin operations after 90 days after permit 
finalization shall submit a notification to the EPA in accordance with 
the requirements of this part at least 2 days prior to the commencement 
of the industrial activity at the facility.
    3. New Operator. Where the operator of a facility that is covered 
by this permit changes, the new operator of the facility must submit a 
notification to the EPA in accordance with the requirements of this 
part at least 2 days prior to the change.
    4. Late Notification. An operator associated with sewage sludge 
generation, treatment, final reuse or disposal is not precluded from 
submitting a notification to the EPA in accordance with the 
requirements of this part after the dates provided in Parts IV.A.1., 
2., or 3. (above) of this permit.
    5. Owners or operators of facilities authorized by this permit 
shall notify the Louisiana Department of Environmental Quality (LDEQ) 
that they are covered by this permit. State notification must be made 
within 30 days of issuance of this permit or upon completion of a new 
facility.

B. Contents of Notice of Intent

    Notifications to the EPA shall be signed in accordance with Part 
VI. (Signatory Requirements) of this permit and shall include the 
following information:
    1. The operator's name, address, telephone number, and status as 
Federal, State, private, public, or other entity;
    2. An indication of whether the TWTDS (including the land 
application and disposal sites) are located on Federal Indian 
Reservations;
    3. The permit number(s) of additional permit(s) (Federal, State, 
and local) authorizing activities associated with the generation, 
treatment, land application for beneficial reuse, surface disposal or 
disposal of sludge in a municipal solid waste landfill currently 
authorized by other permits;
    4. Description of the permittee's sludge use and disposal 
practices.
    5. Presence of Endangered Species. Based on the instructions in 
Addendum A, no species identified in Addendum A are in proximity to the 
sites where sewage sludge is generated, treated, land applied for 
beneficial reuse, surface disposed, or disposed in a municipal solid 
waste landfill.
    6. National Historic Preservation Act Compliance. A yes or no 
response to the following statement: Applicant has obtained and is in 
compliance with Historic Preservation Agreement.
    7. Eligibility Certification. The following certifications shall be 
signed in accordance with Part VI.

    ``I certify under penalty of law that I have read and understand 
the Part IV.B. eligibility requirements for coverage under the 
sewage sludge general permit including those requirements relating 
to the protection of species identified in Addendum A.''
    ``To the best of my knowledge the sludge generation, sludge 
treatment processes, land application for beneficial reuse, surface 
disposal, and disposal in a municipal solid waste landfill covered 
under this permit, are not likely and will not likely, adversely 
affect any species identified in Addendum A of this permit, or are 
otherwise eligible for coverage due to previous authorization under 
the Endangered Species Act.''
    ``To the best of my knowledge, I further certify that such 
activities, do not have an effect on properties listed or eligible 
for listing on the National Register of Historic Places under the 
National Historic Preservation Act, or are otherwise eligible for 
coverage due to a previous agreement under the National Historic 
Preservation Act.''
    ``I understand that continued coverage under the sewage sludge 
general permit is contingent upon maintaining eligibility as 
provided for in Part IV.B.''

C. Where To Submit

    Facilities that generate, treat, land apply for beneficial reuse, 
surface dispose, or dispose of sludge in a municipal solid waste 
landfill must notify the EPA at the following address. The notification 
must be signed in accordance with Part VI. (Signatory Requirements) of 
this permit. The notification is to be submitted to the Chief of the 
Water Enforcement Branch (6EN-W) at the following address: Sewage 
Sludge Notice of Intent, Water Enforcement Branch (6EN-W), Region 6, 
U.S. Environmental Protection Agency, P.O. Box 50625, Dallas, Texas 
75270.

D. Additional Notification

    1. The permittee shall notify the permitting authority 30 days 
prior to any planned alteration or addition to the permitted facility 
which results in a significant change in the permittee's sludge use or 
disposal practices, where such alteration, addition or change may 
justify different or additional permit conditions. The permittee shall 
also notify the permitting authority 30 days prior to any additional 
use or disposal sites not previously reported during the permit 
application process or not reported pursuant to an approved land 
application site.
    2. The permittee shall notify the permitting authority 30 days 
prior to any planned changes in the permitted facility or activity 
which may result in the permittee's failure to comply with permit 
requirements.
    3. The permittee shall promptly submit to the permitting authority 
any relevant facts or information where the permittee becomes aware of 
its failure to have previously submitted such information or to have 
previously submitted incorrect information in a permit application or 
in any report.

E. Non-Compliance Notification

    1. The permittee shall report to the permitting authority all 
instances of its failure to comply with the conditions of this permit. 
Reports of the permittee's failure to comply shall be submitted with 
the permittee's next self-monitoring report or earlier, if requested by 
the permitting authority or if required by an applicable sludge use or 
disposal standard or permit conditions.

Part V. Permit Actions

    A. This permit may be modified, revoked and reissued, or terminated 
for cause.
    B. This permit may be modified or revoked and reissued to conform 
to any applicable sludge use or disposal standard, promulgated under 
Section 405(d) of the CWA, which is more stringent than any limitation 
on the affected sludge pollutant or acceptable management practices 
authorized in this permit, or which controls a pollutant or practice 
not limited in this permit.
    C. This permit may be modified or revoked and reissued where there 
are material and substantial alterations or additions to the permitted 
facility or activity, including a change in the permittee's sludge use 
or disposal practices, and which justify different or additional permit 
conditions.
    D. This permit may be revoked and reissued due to changes in the 
permitted facility or activity, planned by the permittee, which may 
result in the failure to comply with permit requirements.
    E. The permittee may transfer this permit to a new owner or 
operator if the permit has been either modified or revoked and reissued 
to identify the new permittee and to incorporate such other 
requirements as may be necessary to assure compliance with the CWA.
    F. The permittee, upon prior authorization of the permitting 
authority, may automatically transfer this permit to a new permittee if 
the following conditions have been met: (1) The permittee notifies the 
permitting authority of the proposed transfer date

[[Page 44968]]

at least thirty (30) days in advance; (2) The notice includes a written 
agreement between the permittee and the proposed new permittee(s) which 
contains a date for transfer of permit responsibility, coverage, and 
liability; and (3) The permittee does not receive notification from the 
permitting authority that it will exercise its discretion to modify or 
revoke and reissue the permit. Under this circumstance, the permit 
transfer is effective on the date specified in the written agreement.
    G. The filing of a request by the permittee for a permit 
modification, revocation and reissuance, or termination, does not 
justify the failure to comply with any permit condition.
    H. The filing by the permittee of a notification of planned changes 
or of anticipated noncompliance does not justify the failure to comply 
with any permit condition.
    I. Prior to the expiration date of this permit, the permittee must 
apply for and obtain a new permit in order to continue an activity 
regulated hereunder.
    J. The permittee shall apply for a new permit within one hundred 
eighty (180) days of promulgation of an applicable standard for sludge 
use or disposal, or when its next permit renewal is due, whichever 
occurs first.
    K. The permittee shall submit a new application at least 180 days 
before the expiration date of the existing permit, unless permission 
for a later date has been granted by the Director. In no case may 
permission be granted to submit a new application later than the 
expiration date of the existing permit.

Part VI. Signatory Requirements

A. Reports

    All notifications of intent, notices of termination, reports, 
certifications or information either submitted to the Director, or that 
this permit requires be maintained by the permittee, shall be signed as 
follows:
    1. For a corporation: by a responsible corporate officer. For the 
purpose of this section, a responsible corporate officer means: (1) a 
president, secretary, treasurer, or vice-president of the corporation 
in charge of a principal business function, or any other person who 
performs similar policy or decision-making functions for the 
corporation; or (2) the manager of one or more manufacturing, 
production or operating facilities employing more than 250 persons or 
having gross annual sales or expenditures exceeding $25,000,000 (in 
second-quarter 1980 dollars) if authority to sign documents has been 
assigned or delegated to the manager in accordance with corporate 
procedures;
    2. For a partnership or sole proprietorship: by a general partner 
or the proprietor, respectively; or
    3. For a municipality, State, Federal, or other public facility: by 
either a principal executive officer or ranking elected official. For 
purposes of this section, a principal executive officer of a Federal 
agency includes (1) the chief executive officer of the agency, or (2) a 
senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).

B. Authorized Representative

    All reports required by the permit and other information requested 
by the Director shall be signed by a person described in Section VI. 
above or be signed by a duly authorized representative of that person. 
A person is a duly authorized representative only if:
    1. The authorization is made in writing by a person described above 
and submitted to the Director.
    2. The authorization specifies either an individual or a position 
having responsibility for the overall operation of the regulated 
facility or activity, such as the position of manager, operator, 
superintendent, or position of equivalent responsibility or an 
individual or position having overall responsibility for environmental 
matters for the company. (A duly authorized representative may thus be 
either a named individual or any individual occupying a named 
position).
    3. Changes to Authorization. If an authorization under paragraph 
VI.B.1. or 2. is no longer accurate because a different individual or 
position has responsibility for the overall operation of the facility, 
a new notification satisfying the requirements of Part IV.B. (Contents 
of NOI) must be submitted to the Director prior to or together with any 
reports, information, or applications to be signed by an authorized 
representative.

C. Certification

    Any person signing documents under this section shall make the 
following certification:
    I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision in 
accordance with a system designed to assure that qualified personnel 
properly gathered and evaluated the information submitted. Based on my 
inquiry of the person or persons who manage the system, or those 
persons directly responsible for gathering the information, the 
information submitted is, to the best of my knowledge and belief, true, 
accurate, and complete. I am aware that there are significant penalties 
for submitting false information, including the possibility of fine and 
imprisonment for knowing violations.

Part VII. Termination of Coverage

A. Notice of Termination

    Where all activities associated with the TWTDS including the 
generation, treatment, land application for beneficial reuse, surface 
disposal, or disposal of sludge in a municipal solid waste landfill are 
authorized by this permit are eliminated, the operator of the TWTDS 
shall notify the EPA within 60 days. The notification shall be signed 
in accordance with Part VI (Signatory Requirements) of this permit. The 
Notice of Termination shall include the following information:
    1. Facility Information. Name, mailing address, and location of the 
TWTDS for which the notification is submitted. Describe the physical 
location of the site in terms of the latitude and longitude, or the 
section, township and range to the nearest quarter section;
    2. Operator Information. The name, address, and telephone number of 
the operator addressed by the notification;
    3. Permit Number. The permit number for the TWTDS associated with 
sewage sludge generation, treatment, land application, surface 
disposal, or disposal in a municipal solid waste landfill identified by 
the Notice of Termination;
    4. Reason for Termination. An indication of whether the activities 
associated with sewage sludge have been eliminated or the operator of 
the TWTDS has changed; and
    5. Certification. The following certification signed in accordance 
with Part VI. (Signatory Requirements) of this permit:

    ``I certify under penalty of law that the activities associated 
with sewage sludge from the TWTDS that are regulated by a general 
permit have been eliminated or that I am no longer the operator of 
the TWTDS. I understand that by submitting this notice of 
termination, that I can no longer generate, treat (change the 
quality of), land apply, surface dispose, or dispose of sewage 
sludge in a municipal solid waste landfill under this general 
permit. I also understand that the submittal of this notice of 
termination does not release an operator from liability for any 
violations of this permit or the Clean Water Act.''

B. Addresses

    All Notices of Termination are to be sent, to the following 
address: Sewage

[[Page 44969]]

Sludge Notice of Termination, Water Enforcement Branch (6EN-W), United 
States Environmental Protection Agency, P.O. Box 50625, Dallas, Texas 
75270.

Part VIII. Monitoring

    A. The permittee shall monitor the quality of sewage sludge at a 
frequency dependent on the amount of sewage sludge reused or disposed, 
as required by Part XIII, Element 1, Section 1.C., Part XIII, Element 
2, Section 1.D., and Part XIII, Element 3.F., as applicable. Samples 
and measurements taken for the purpose of monitoring shall be 
representative of the monitored activity.
    B. The permittee shall report results of monitoring of sludge use 
or disposal practices on a Discharge Monitoring Report (DMR) as 
provided or specified by the permitting authority for that purpose.
    C. The permittee shall maintain records of monitoring information 
which shall include the following: (1) date, exact location, and time 
of sampling or measurements; (2) names of individuals performing the 
sampling and measurements; (3) dates the analyses were performed; (4) 
names of individuals performing the analyses; (5) analytical methods or 
techniques used in performing the analyses; and (6) results of the 
analyses.
    D. The permittee shall conduct monitoring in accordance with those 
methods referenced in 40 CFR 503.8.
    E. If the permittee monitors any pollutant, in accordance with 
applicable test procedures specified in this permit, more frequently 
than required by the permit, then the results of this monitoring shall 
be reported with the data submitted in the DMR as specified by the 
permitting authority.
    F. Any person who knowingly falsifies, tampers with, or renders 
inaccurate any monitoring device or method required to be maintained 
under this permit shall be subject to the imposition of a fine of up to 
$10,000 per day for each violation, or fine and imprisonment. Upon 
subsequent convictions for the same violation, punishment shall be by a 
fine of not more than $20,000 per day for each violation, or by 
imprisonment for up to four years, or by both a fine and imprisonment.
    G. The sludge DMRs shall be due by February 19th of each year and 
shall cover the previous January through December time period for those 
publicly owned treatment works (POTWs) with a design flow rate equal to 
or greater than one million gallons per day (mgd), and POTWs that serve 
10,000 people or more, or any POTW required to have an approved 
pretreatment program under 40 CFR 403.8(a) for each final sewage sludge 
reuse or disposal practice. Submittal of DMR's is not required from 
POTWs with a design flow rate of less than 1 mgd or other TWTDS 
(including sludge only facilities).

Part IX. Records

    A. The permittee shall retain records of all data used to complete 
the application for this permit for a period of at least five years, 
unless required by 40 CFR part 503 to be retained for a longer period.
    B. The permittee shall retain all records of monitoring information 
required by this permit, related to the permittee's sludge generation, 
treatment, use and disposal activities, for a period of at least five 
years from the date of the sample or measurement, unless required by 40 
CFR part 503 to be retained for a longer period.
    C. The permittee shall retain copies of all reports required by 
this permit for a period of at least five years from the date of the 
report, unless required by 40 CFR part 503 to be retained for a longer 
period.
    D. At any time upon the request of the permitting authority, the 
period required for retention of records and reports may be extended.
    E. All reports and information submitted to the permitting 
authority shall be signed and certified by the following individual, as 
appropriate; by a responsible corporate officer; by a general partner 
or the proprietor; by the principle executive office or ranking public 
official of a municipality, State, federal or other public agency; or 
by a duly authorized representative.
    F. Any person who knowingly makes a false statement, representation 
or certification in any record or other document submitted or required 
to be maintained under this permit shall be subject to imposition of a 
fine of up to $10,000 for each violation, or imprisonment for up to two 
years for each violation, or both a fine and imprisonment. Upon 
subsequent convictions for the same offense, such persons shall be 
subject to the imposition of a fine of up to $20,000 per day for each 
violation, or imprisonment for up to four years, or both a fine and 
imprisonment.

Part X. Definitions

    A. Active sewage sludge unit is a sewage sludge unit that has not 
closed.
    B. Agricultural land is land on which a food crop, a feed crop, or 
a fiber crop is grown. This includes range land and land used as 
pasture.
    C. Agronomic Rate is the whole sludge application rate (dry weight 
basis) designed: (1) To provide the amount of nitrogen needed by the 
food crop, feed crop, fiber crop, cover crop, or vegetation grown on 
the land; and (2) to minimize the amount of nitrogen in the sewage 
sludge that passes below the root zone of the crop or vegetation grown 
on the land to the ground water.
    D. Annual pollutant loading rate is the maximum amount of a 
pollutant that can be applied to a unit area of land during a 365 day 
period.
    E. Annual whole sludge application rate is the maximum amount of 
sewage sludge (dry weight basis) that can be applied to a unit area of 
land during a 365 day period.
    F. Apply sewage sludge or sewage sludge applied to the land means 
land application of sewage sludge.
    G. Aquifer is a geologic formation, group of geologic formations, 
or a portion of a geologic formation capable of yielding ground water 
to wells or springs.
    H. Base flood is a flood that has a one percent chance of occurring 
in any given year (i.e., a flood with a magnitude equalled once in 100 
years).
    I. Bulk sewage sludge is sewage sludge that is not sold or given 
away in a bag or other container for application to the land.
    J. Contaminate an aquifer means to introduce a substance that 
causes the maximum contaminant level for nitrate in 40 CFR 141.62(b) to 
be exceeded in ground water or that causes the existing concentration 
of nitrate in ground water to increase when the existing concentration 
of nitrate in the ground water exceeds the maximum contamination level 
for nitrate in 40 CFR 141.62(b).
    K. Cover is soil or other material used to cover sewage sludge 
placed on an active sewage sludge unit.
    L. Cumulative pollutant loading rate is the maximum amount of an 
inorganic pollutant that can be applied to an area of land.
    M. CWA means the Clean Water Act (formerly referred to as either 
the Federal Water Pollution Act or the Federal Water Pollution Control 
Act Amendments of 1972), Public Law 92-500, as amended by Public Law 
95-217, Public Law 95-576, Public Law 96-483, Public Law 97-117, and 
Public Law 100-
    N. Domestic sewage is waste and wastewater from humans or household 
operations that is discharged to or otherwise enters a treatment works.
    O. Displacement is the relative movement of any two sides of a 
fault measured in any direction.

[[Page 44970]]

    P. Dry weight basis means calculated on the basis of having been 
dried at 105 degrees Celsius until reaching a constant mass (i.e., 
essentially 100 percent solids content).
    Q. EPA means the United States Environmental Protection Agency.
    R. Fault is a fracture or zone of fractures in any materials along 
which strata on one side are displaced with respect to strata on the 
other side.
    S. Feed crops are crops produced primarily for consumption by 
animals.
    T. Fiber crops are crops such as flax and cotton.
    U. Final cover is the last layer of soil or other material placed 
on a sewage sludge unit at closure.
    V. Food crops are crops consumed by humans. These include, but are 
not limited to, fruits vegetables, and tobacco.
    W. Forest is a tract of land thick with trees and underbrush.
    X. Ground water is water below the land surface in the saturated 
zone.
    Y. Holocene time is the most recent epoch of the Quaternary period, 
extending from the end of the Pleistocene epoch to the present.
    Z. Industrial wastewater is wastewater generated in a commercial or 
industrial process.
    AA. Land application is the spraying or spreading of sewage sludge 
onto the land surface; the injection of sewage sludge below the land 
surface; or the incorporation of sewage sludge into the soil so that 
the sewage sludge can either condition the soil or fertilize crops or 
vegetation grown in the soil.
    BB. Leachate collection system is a system or device installed 
immediately above a liner that is designed, constructed, maintained, 
and operated to collect and remove leachate from a sewage sludge unit.
    CC. Liner is soil or synthetic material that has a hydraulic 
conductivity of 1x10-7 centimeters per second or less.
    DD. Lower explosive limit for methane gas is the lowest percentage 
of methane gas in air, by volume, that propagates a flame at 25 degrees 
Celsius and atmospheric pressure.
    EE. Monthly average is the arithmetic mean of all measurements 
taken during the month.
    FF. Municipality means a city, town, borough, county, parish, 
district, association, or other public body (including an 
intermunicipal Agency of two or more of the foregoing entities) created 
by or under State law; an Indian tribe or an authorized Indian tribal 
organization having jurisdiction over sewage sludge management; or a 
designated and approved management Agency under section 208 of the CWA, 
as amended. The definition includes a special district created under 
State law, such as a water district, sewer district, sanitary district, 
utility district, drainage district, or similar entity, or an 
integrated waste management facility as defined in section 201(3) of 
the CWA, as amended, that has as one of its principal responsibilities 
the treatment, transport, use, or disposal of sewage sludge.
    GG. Other container is either an open or closed receptacle. This 
includes, but is not limited to, a bucket, a box, a carton, and a 
vehicle or trailer with a load capacity of one metric ton or less.
    HH. Pasture is land on which animals feed directly on feed crops 
such as legumes, grasses, grain stubble, or stover.
    II. Permitting authority is either EPA or a State with an EPA-
approved sludge management program.
    JJ. Person is an individual, association, partnership, corporation, 
municipality, State or Federal agency, or an agent or employee thereof.
    KK. Person who prepares sewage sludge is either the person who 
generates sewage sludge during treatment of domestic sewage in a 
treatment works or the person who derives a material from sewage 
sludge.
    LL. Place sewage sludge or sewage sludge placed means disposal of 
sewage sludge on a surface disposal site.
    MM. Pollutant is an organic substance, an inorganic substance, a 
combination of organic and inorganic substances, or a pathogenic 
organism that, after discharge and upon exposure, ingestion, 
inhalation, or assimilation into an organism either directly from the 
environment or indirectly by ingestion through the food chain, could, 
on the basis of information available to the Administrator of EPA, 
cause death, disease, behavioral abnormalities, cancer, genetic 
mutations, physiological malfunctions (including malfunction in 
reproduction), or physical deformations in either organisms or 
offspring of the organisms.
    NN. Pollutant limit is a numerical value that describes the amount 
of a pollutant allowed per unit amount of sewage sludge (e.g., 
milligrams per kilogram of total solids); the amount of a pollutant 
that can be applied to a unit area of land (e.g., kilograms per 
hectare); or the volume of a material that can be applied to a unit 
area of land (e.g., gallons per acre).
    OO. Public contact site is land with a high potential for contact 
by the public. This includes, but is not limited to, public parks, ball 
fields, cemeteries, plant nurseries, turf farms, and golf courses.
    PP. Qualified ground water scientist is an individual with a 
baccalaureate or post-graduate degree in the natural sciences or 
engineering who has sufficient training and experience in ground water 
hydrology and related fields, as may be demonstrated by State 
registration, professional certification, or completion of accredited 
university programs, to make sound professional judgements regarding 
ground water monitoring, pollutant fate and transport, and corrective 
action.
    QQ. Range land is open land with indigenous vegetation.
    RR. Reclamation site is drastically disturbed land that is 
reclaimed using sewage sludge. This includes, but is not limited to, 
strip mines and construction sites.
    SS. Runoff is rainwater, leachate, or other liquid that drains 
overland on any part of a land surface and runs off of the land 
surface.
    TT. Seismic impact zone is an area that has a 10 percent or greater 
probability that the horizontal ground level acceleration of the rock 
in the area exceeds 0.10 gravity once in 250 years.
    UU. Sewage sludge is solid, semi-solid, or liquid residue generated 
during the treatment of domestic sewage in a treatment works. Sewage 
sludge includes, but is not limited to, domestic septage; scum or 
solids removed in primary, secondary, or advanced wastewater treatment 
processes; and a material derived from sewage sludge. Sewage sludge 
does not include ash generated during the firing of sewage sludge in a 
sewage sludge incinerator or grit and screenings generated during 
preliminary treatment of domestic sewage in a treatment works.
    VV. Sewage sludge unit is land on which only sewage sludge is 
placed for final disposal. This does not include land on which sewage 
sludge is either stored or treated. Land does not include waters of the 
United States, as defined in 40 CFR Subpart 122.2.
    WW. Sewage sludge unit boundary is the outermost perimeter of an 
active sewage sludge unit.
    XX. Store or storage of sewage sludge is the placement of sewage 
sludge on land on which the sewage sludge remains for two years or 
less. This does not include the placement of sewage sludge on land for 
treatment.
    YY. Surface disposal site is an area of land that contains one or 
more active sewage sludge units.
    ZZ. Treat or treatment of sewage sludge is the preparation of 
sewage sludge for final use or disposal. This includes, but is not 
limited to, thickening, stabilization, and

[[Page 44971]]

dewatering of sewage sludge. This does not include storage of sewage 
sludge.
    aa. Treatment works (TWTDS) is either a federally owned, publicly 
owned, or privately owned device or system used to treat (including 
recycle and reclaim) either domestic sewage or a combination of 
domestic sewage and industrial waste of a liquid nature. EPA may 
designate any person a TWTDS where the designation is necessary to 
ensure compliance with the 40 CFR Part 503 regulations.
    bb. Unstable area is land subject to natural or human-induced 
forces that may damage the structural components of an active sewage 
sludge unit. This includes, but is not limited to, land on which the 
soils are subject to mass movement.
    cc. Wetlands means those areas that are inundated or saturated by 
surface water or ground water at a frequency and duration to support, 
and that under normal circumstances do support, a prevalence of 
vegetation typically adapted for life in saturated soil conditions. 
Wetlands generally include swamps, marshes, bogs, and similar areas.

Part XI. Outline of Permit

Element 1. Land Application

Section I. Requirements Applying to All Sewage Sludge Land 
Application
    A. General Requirements
    B. Testing Requirements
    C. Monitoring Requirements
Section II. 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, or Class B Pathogen 
Reduction and the Pollutant Concentrations in Table 3.
    A. Pollutant Limits
    B. Pathogen Control
    C. Management Practices
    D. Notification Requirements
    E. Recordkeeping Requirements
    F. Reporting Requirements
Section III. Requirements Specific to Bulk Sewage Sludge Meeting 
Pollutant Concentrations in Table 3 and Class A Pathogen Reduction 
Requirements.
    A. Pollutant Limits
    B. Pathogen Control
    C. Management Practices
    D. Notification Requirements
    E. Recordkeeping Requirements
    F. Reporting Requirements
Section IV. 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.
    A. Pollutant Limits
    B. Pathogen Control
    C. Management Practices
    D. Notification Requirements
    E. Recordkeeping Requirements
    F. Reporting Requirements

Element 2. Surface Disposal

Section I. Requirements Applying to All Sewage Sludge Surface 
Disposal
    A. General Requirements
    B. Management Practices
    C. Testing Requirements
    D. Monitoring Requirements
Section II. Requirements Specific to Surface Disposal Sites Without 
a Liner and Leachate Collection System
    A. Pollutant Limits
    B. Management Practices
    C. Notification Requirements
    D. Recordkeeping Requirements
    E. Reporting Requirements
Section III. Requirements Specific to Surface Disposal Sites With a 
Liner and Leachate Collection System
    A. Pollutant Limits
    B. Management Practices
    C. Notification Requirements
    D. Recordkeeping Requirements
    E. Reporting Requirements

Element 3. Municipal Solid Waste Landfill Disposal

Section I. Requirements Applying to All Municipal Solid Waste 
Landfill Disposal Activities

Part XII. Instructions to Permittees

    Select only those Elements and Sections which apply to your sludge 
reuse or disposal practice.
    If your facility utilizes more than one type of disposal or reuse 
method (for example, Element I and Element II apply) or the quality of 
your sludge varies (for example, Section II and Section III of Element 
I apply) use a separate Discharge Monitoring Report (DMR) for each 
Section that is applicable.
    The sludge DMRs shall be due by February 19th of each year and 
shall cover the previous January through December time period for those 
publicly owned treatment works (POTWs) (defined as a treatment works 
treating domestic sewage that is owned by a municipality or State) with 
a design flow rate equal to or greater than one million gallons per day 
(mgd), 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) 
for each final sewage sludge reuse or disposal practice. Submittal of 
DMR's is not required from POTWs with a design flow rate of less than 1 
mgd or other TWTDS (including sludge only facilities).
    The sludge conditions do not apply to wastewater treatment lagoons 
where sludge is not wasted for final reuse/disposal. If the sludge is 
not removed, the permittee shall indicate on the DMR ``No Discharge''.

Element 1--Land Application

Section I: Requirements Applying to All Sewage Sludge Land Application
Section II: 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, or Class B Pathogen Reduction and the 
Pollutant Concentrations in Table 3
Section III: Requirements Specific to Bulk Sewage Sludge Meeting 
Pollutant Concentrations in Table 3 and Class A Pathogen Reduction 
Requirements
Section IV: 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

Element 2--Surface Disposal

Section I: Requirements Applying to All Sewage Sludge Surface Disposal
Section II: Requirements Specific to Surface Disposal Sites Without a 
Liner and Leachate Collection System
Section III: Requirements Specific to Surface Disposal Sites With a 
Liner and Leachate Collection System

Element 3--Municipal Solid Waste Landfill Disposal

Section I: Requirements Applying to All Municipal Solid Waste Landfill 
Disposal Activities

Part XIII. Body of Permit

Element 1--Land Application

Section I. Requirements Applying to All Sewage Sludge Land Application

A. General Requirements

    1. The permittee shall handle and dispose of sewage sludge in 
accordance with section 405 of the Clean Water Act and all other 
applicable Federal regulations to protect public health and the 
environment from any reasonably anticipated adverse effects due to any 
toxic pollutants which may be present in the sludge.
    2. If requirements for sludge management practices or pollutant 
criteria become more stringent than the sludge pollutant limits or 
acceptable management practices in this permit, or control a pollutant 
not listed in this permit, this permit may be modified or revoked and 
reissued to conform to the requirements promulgated at section 
405(d)(2) of the Clean Water Act (CWA).
    3. In all cases, if the person (permit holder) who prepares the 
sewage sludge supplies the sewage sludge to another person for land 
application use or to the

[[Page 44972]]

owner or lease holder of the land, the permit holder shall provide 
necessary information to the parties who receive the sludge to assure 
compliance with these regulations.
    4. The permittee shall give prior notice to EPA (Chief, NPDES 
Permits Branch, Water Quality Protection Division, Mail Code 6WQ-P, EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202) of any planned changes 
in the sewage sludge disposal practice, in accordance with 40 CFR 
122.41(l)(1)(iii). These changes may justify the application of permit 
conditions that are different from or absent in the existing permit. 
Change in the sludge use or disposal practice may be cause for revoking 
and reissuing the permit in accordance with 40 CFR 122.62(a)(1).
    5. The permittee shall complete the following evaluation of the 
sewage sludge generated by the facility. The permittee shall retain 
this information on site and it shall be made available for inspection 
purposes within three years of the effective date of the permit.
    a. An annual quantitative tabulation of the ultimate disposition of 
all sewage sludge (including, but not limited to, the amount 
beneficially reused, landfilled, surface disposed, and incinerated).
    b. An assessment of technological processes and an economic 
analysis evaluating the potential for beneficial reuse of all sewage 
sludge not currently beneficially reused, including a listing of any 
steps which would be required to achieve the sludge quality necessary 
to beneficially reuse the sludge.
    c. A description of, including the expected results and the 
anticipated timing for, all projects in process, in planning and/or 
being considered which are directed towards additional beneficial reuse 
of sewage sludge.
    d. A listing of the specific steps (controls/changes) which would 
be necessary to achieve and sustain the quality of the sludge so that 
the pollutant concentrations in the sludge fall below the pollutant 
concentration criteria listed in Part XIII, Element I, Section III, 
Table 3 of the permit.
    e. A listing of, and the anticipated timing for, all projects in 
process, in planning, and/or being considered which are directed 
towards meeting the sludge quality referenced in (d) above.
    f. In accordance with 40 CFR 503.13(a)(3), if bulk sewage sludge is 
applied to a lawn or home garden, the concentration of each pollutant 
in the sewage sludge shall not exceed the concentration of pollutants 
in Table 3, Element I, Section III.
    6. Coverage under this permit does not relieve the permittee from 
complying with state regulations applicable to sewage sludge use and 
disposal.

B. Testing Requirements

    1. Sewage sludge shall be tested once during the life of the permit 
within one year from the effective date of the permit in accordance 
with the method specified at 40 CFR part 268, appendix I (Toxicity 
Characteristic Leaching Procedure (TCLP)) or other approved methods on 
those publicly owned treatment works (POTWs) (defined as a treatment 
works treating domestic sewage that is owned by a municipality or 
State) with a design flow rate equal to or greater than one million 
gallons per day (mgd), and POTWs that serve 10,000 people or more, or 
any POTW required to have an approved pretreatment program under 40 CFR 
403.8(a) for each final sewage sludge reuse or disposal practice. This 
provision does not apply to those POTWs with a design flow of less than 
1 mgd or other TWTDS (sludge only facilities). Sludge shall be tested 
after final treatment prior to leaving the POTW site. Sewage sludge 
determined to be a hazardous waste in accordance with 40 CFR part 261, 
shall be handled according to RCRA standards for the disposal of 
hazardous waste in accordance with 40 CFR part 262. The disposal of 
sewage sludge determined to be a hazardous waste, in other than a 
certified hazardous waste disposal facility shall be prohibited. The 
Information Management Section, telephone no. (214) 665-6750, and the 
appropriate state agency shall be notified of test failure within 24 
hours. A written report shall be provided to this office within 7 days 
after failing the TCLP. The report will contain test results, 
certification that unauthorized disposal has not occurred and a summary 
of alternative disposal plans that comply with RCRA standards for the 
disposal of hazardous waste. The report shall be addressed to: 
Director, Multimedia Planning and Permitting Division, EPA Region 6, 
Mail Code 6PD, 1445 Ross Avenue, Dallas, Texas 75202. A copy of this 
report shall be sent to the Chief, Water Enforcement Branch, Compliance 
Assurance and Enforcement Division, Mail Code 6EN-W, at the same street 
address.
    2. Sewage sludge shall not be applied to the land if the 
concentration of any of the pollutants exceed the pollutant 
concentration criteria in Table 1. Testing for PCBs is only required by 
those POTWs with a design flow rate equal to or greater than one mgd, 
and POTWs that serve 10,000 people or more, or any POTW required to 
have an approved pretreatment program under 40 CFR 403.8(a) for each 
final sewage sludge reuse or disposal practice. If the concentration of 
PCB's in sewage sludge exceeds 10 mg/kg and the sludge is applied to 
food chain crops, then the sludge must be incorporated into the soil.
    The frequency of testing for pollutants in Table 1 is found in 
Element 1, Section I.C.

                                 Table 1                                
------------------------------------------------------------------------
                                                              Ceiling   
                                                          Concentrations
                        Pollutant                           (milligrams 
                                                           per kilogram)
------------------------------------------------------------------------
Arsenic.................................................              75
Cadmium.................................................              85
Copper..................................................            4300
Lead....................................................             840
Mercury.................................................              57
Molybdenum..............................................              75
Nickel..................................................             420
Selenium................................................             100
Zinc....................................................            7500
PCB's...................................................             49*
------------------------------------------------------------------------
\1\ Dry weight basis.                                                   

    3. Pathogen Control. All sewage sludge that is applied to 
agricultural land, forest, a public contact site, or a reclamation site 
shall be treated by either the Class A or Class B pathogen 
requirements. Sewage sludge that is applied to a lawn or home garden 
shall be treated by the Class A pathogen requirements. Sewage sludge 
that is sold or given away in a bag shall be treated by Class A 
pathogen requirements.
    a. Six alternatives are available to demonstrate compliance with 
Class A sewage sludge. All 6 options require either the density of 
fecal coliform in the sewage sludge be less than 1000 Most Probable 
Number (MPN) per gram of total solids (dry weight basis), or the 
density of Salmonella sp. bacteria in the sewage sludge be less than 
three MPN per four grams of total solids (dry weight basis) at the time 
the sewage sludge is used or disposed; at the time the sewage sludge is 
prepared for sale or given away in a bag or other container for 
application to the land. Below are the additional requirements 
necessary to meet the definition of a Class A sludge. For any Class A 
sludge, when vector attraction reduction Alternatives 1-5 are used, 
pathogen reduction must be met either prior to or at the same time.
    Alternative 1--The temperature of the sewage sludge that is used or 
disposed shall be maintained at a specific value for a period of time. 
See 40 CFR 503.32(a)(3)(ii) for specific information. This alternative 
is not applicable to composting.

[[Page 44973]]

    Alternative 2--The pH of the sewage sludge that is used or disposed 
shall be raised to above 12 and shall remain above 12 for 72 hours. pH 
shall be defined as the logarithm of the reciprocal of the hydrogen ion 
concentration measured at 25 deg.C or measured at another temperature 
and then converted to an equivalent value at 25 deg.C.
    The temperature of the sewage sludge shall be above 52 degrees 
Celsius for 12 hours or longer during the period that the pH of the 
sewage sludge is above 12.
    At the end of the 72 hour period during which the pH of the sewage 
sludge is above 12, the sewage sludge shall be air dried to achieve a 
percent solids in the sewage sludge greater than 50 percent.
    Alternative 3--The sewage sludge shall be analyzed for enteric 
viruses prior to pathogen treatment. The limit for enteric viruses is 
one Plaque-forming Unit per four grams of total solids (dry weight 
basis) either before or following pathogen treatment. See 40 CFR 
503.32(a)(5)(ii) for specific information. The sewage sludge shall be 
analyzed for viable helminth ova prior to pathogen treatment. The limit 
for viable helminth ova is less than one per four grams of total solids 
(dry weight basis) either before or following pathogen treatment. See 
40 CFR 503.32(a)(5)(iii) for specific information.
    Alternative 4--The density of enteric viruses in the sewage sludge 
shall be less than one Plaque-forming Unit per four grams of total 
solids (dry weight basis) at the time the sewage sludge is used or 
disposed or at the time the sludge is prepared for sale or given away 
in a bag or other container for application to the land.
    The density of viable helminth ova in the sewage sludge shall be 
less than one per four grams of total solids (dry weight basis) at the 
time the sewage sludge is used or disposed or at the time the sewage 
sludge is prepared for sale or given away in a bag or other container 
for application to the land.
    Alternative 5--Sewage sludge shall be treated by one of the 
Processes to Further Reduce Pathogens (PFRP) described in 40 CFR part 
503, appendix B. PFRPs include composting, heat drying, heat treatment, 
and thermophilic aerobic digestion.
    Alternative 6--Sewage sludge shall be treated by a process that is 
equivalent to a Process to Further Reduce Pathogens, if individually 
approved by the Pathogen Equivalency Committee representing the EPA.
    b. Three alternatives are available to demonstrate compliance with 
Class B sewage sludge.
    Alternative 1--(i) Seven representative samples of the sewage 
sludge that is used shall be collected for one monitoring episode at 
the time the sewage sludge is used or disposed.
    (ii) The geometric mean of the density of fecal coliform in the 
samples collected shall be less than either 2,000,000 MPN per gram of 
total solids (dry weight basis) or 2,000,000 Colony Forming Units per 
gram of total solids (dry weight basis).
    Alternative 2--Sewage sludge shall be treated in one of the 
Processes to Significantly Reduce Pathogens (PSRP) described in 40 CFR 
part 503, appendix B.
    Alternative 3--Sewage sludge shall be treated in a process that is 
equivalent to a PSRP, if individually approved by the Pathogen 
Equivalency Committee representing the EPA.
    In addition, the following site restrictions must be met if Class B 
sludge is land applied.
    i. Food crops with harvested parts that touch the sewage sludge/
soil mixture and are totally above the land surface shall not be 
harvested for 14 months after application of sewage sludge.
    ii. Food crops with harvested parts below the surface of the land 
shall not be harvested for 20 months after application of sewage sludge 
when the sewage sludge remains on the land surface for 4 months or 
longer prior to incorporation into the soil.
    iii. Food crops with harvested parts below the surface of the land 
shall not be harvested for 38 months after application of sewage sludge 
when the sewage sludge remains on the land surface for less than 4 
months prior to incorporation into the soil.
    iv. Food crops, feed crops, and fiber crops shall not be harvested 
for 30 days after application of sewage sludge.
    v. Animals shall not be grazed on the land for 30 days after 
application of sewage sludge.
    vi. Turf grown on land where sewage sludge is applied shall not be 
harvested for 1 year after application of the sewage sludge when the 
harvested turf is placed on either land with a high potential for 
public exposure or a lawn, unless otherwise specified by the permitting 
authority.
    vii. Public access to land with a high potential for public 
exposure shall be restricted for 1 year after application of sewage 
sludge.
    viii. Public access to land with a low potential for public 
exposure shall be restricted for 30 days after application of sewage 
sludge.
    4. Vector Attraction Reduction Requirements. All bulk sewage sludge 
that is applied to agricultural land, forest, a public contact site, or 
a reclamation site shall be treated by one of the following 
alternatives 1 through 10 for Vector Attraction Reduction. All bagged 
sewage sludge shall be treated by one of Alternatives 1-8 only. If bulk 
sewage sludge is applied to a home garden or lawn, or bagged sewage 
sludge is applied to the land, only alternative 1 through alternative 8 
shall be used.
    Alternative 1--The mass of volatile solids in the sewage sludge 
shall be reduced by a minimum of 38 percent.
    Alternative 2--If Alternative 1 cannot be met for an anaerobically 
digested sludge, demonstration can be made by digesting a portion of 
the previously digested sludge anaerobically in the laboratory in a 
bench-scale unit for 40 additional days at a temperature between 30 and 
37 degrees Celsius. Volatile solids must be reduced by less than 17 
percent to demonstrate compliance.
    Alternative 3--If Alternative 1 cannot be met for an aerobically 
digested sludge, demonstration can be made by digesting a portion of 
the previously digested sludge with a percent solids of two percent or 
less aerobically in the laboratory in a bench-scale unit for 30 
additional days at 20 degrees Celsius. Volatile solids must be reduced 
by less than 15 percent to demonstrate compliance.
    Alternative 4--The specific oxygen uptake rate (SOUR) for sewage 
sludge treated in an aerobic process shall be equal to or less than 1.5 
milligrams of oxygen per hour per gram of total solids (dry weight 
basis) at a temperature of 20 degrees Celsius.
    Alternative 5--Sewage sludge shall be treated in an aerobic process 
for 14 days or longer. During that time, the temperature of the sewage 
sludge shall be higher than 40 degrees Celsius and the average 
temperature of the sewage sludge shall be higher than 45 degrees 
Celsius.
    Alternative 6--The pH of sewage sludge shall be raised to 12 or 
higher by alkali addition and, without the addition of more alkali 
shall remain at 12 or higher for two hours and then at 11.5 or higher 
for an additional 22 hours at the time the sewage sludge is used or 
disposed; at the time the sewage sludge is prepared for sale or given 
away in a bag or other container.
    Alternative 7--The percent solids of sewage sludge that does not 
contain unstabilized solids generated in a primary wastewater treatment 
process shall be equal to or greater than 75 percent based on the 
moisture content and total solids prior to mixing with other materials. 
Unstabilized solids are

[[Page 44974]]

defined as organic materials in sewage sludge that have not been 
treated in either an aerobic or anaerobic treatment process.
    Alternative 8--The percent solids of sewage sludge that contains 
unstabilized solids generated in a primary wastewater treatment process 
shall be equal to or greater than 90 percent based on the moisture 
content and total solids prior to mixing with other materials at the 
time the sludge is used. Unstabilized solids are defined as organic 
materials in sewage sludge that have not been treated in either an 
aerobic or anaerobic treatment process.
    Alternative 9--(i) Sewage sludge shall be injected below the 
surface of the land.
    (ii) No significant amount of the sewage sludge shall be present on 
the land surface within one hour after the sewage sludge is injected.
    (iii) When sewage sludge that is injected below the surface of the 
land is Class A with respect to pathogens, the sewage sludge shall be 
injected below the land surface within eight hours after being 
discharged from the pathogen treatment process.
    Alternative 10--(i) Sewage sludge applied to the land surface or 
placed on a surface disposal site shall be incorporated into the soil 
within six hours after application to or placement on the land.
    (ii) When sewage sludge that is incorporated into the soil is Class 
A with respect to pathogens, the sewage sludge shall be applied to or 
placed on the land within eight hours after being discharged from the 
pathogen treatment process.

C. Monitoring Requirements

    Toxicity Characteristic Leaching Procedure (TCLP) Test--Once/Permit 
Life, performed within one year from the effective date of the permit 
(For publicly owned treatment works (POTWs) with a design flow of 1.0 
mgd or greater)

PCBs--Once/Year

    All other pollutants shall be monitored at the frequency shown 
below:

------------------------------------------------------------------------
  Amount of sewage sludge \1\ (metric                                   
         tons/365 day period)                       Frequency           
------------------------------------------------------------------------
0  Sludge  290..  Once/Year.                      
290  Sludge       Once/Quarter.                   
 1,500.                                                                 
1,500  Sludge     Once/Two Months.                
 15,000.                                                                
15,000  Sludge.............  Once/Month.                     
------------------------------------------------------------------------
\1\ Either the amount of bulk sewage sludge applied to the land or the  
  amount of sewage sludge received by a person who prepares sewage      
  sludge that is sold or given away in a bag or other container for     
  application to the land (dry weight basis).                           

    Representative samples of sewage sludge shall be collected and 
analyzed in accordance with the methods referenced in 40 CFR 503.8(b).

Section II. 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, or Class B Pathogen Reduction and the 
Pollutant Concentrations in Table 3

    For those permittees meeting Class A or B pathogen reduction 
requirements and that meet the cumulative loading rates in Table 2 
below, or the Class B pathogen reduction requirements and contain 
concentrations of pollutants below those listed in Table 3 found in 
Element I, Section III, the following conditions apply:

A. Pollutant Limits

                                 Table 2                                
------------------------------------------------------------------------
                                                            Cumulative  
                                                             pollutant  
                        Pollutant                          loading rate 
                                                          (kilograms per
                                                             hectare)   
------------------------------------------------------------------------
Arsenic.................................................              41
Cadmium.................................................              39
Copper..................................................            1500
Lead....................................................             300
Mercury.................................................              17
Molybdenum..............................................           (\1\)
Nickel..................................................             420
Selenium................................................             100
Zinc....................................................           2800 
------------------------------------------------------------------------
\1\ Monitor.                                                            

B. Pathogen Control

    All bulk sewage sludge that is applied to agricultural land, 
forest, a public contact site, a reclamation site, or lawn or home 
garden shall be treated by either Class A or Class B pathogen reduction 
requirements as defined above in Element 1, Section I.B.3.

C. Management Practices

    1. Bulk sewage sludge shall not be applied to agricultural land, 
forest, a public contact site, or a reclamation site that is flooded, 
frozen, or snow-covered so that the bulk sewage sludge enters a wetland 
or other waters of the U.S., as defined in 40 CFR 122.2, except as 
provided in a permit issued pursuant to section 402 or 404 of the CWA.
    2. Bulk sewage sludge shall not be applied within 10 meters of a 
water of the U.S.
    3. Bulk sewage sludge shall be applied at or below the agronomic 
rate (phosphorous and nitrogen) in accordance with recommendations from 
the following references: Nitrogen shall be considered the limiting 
pollutant in unimpaired watersheds. Phosphorous shall be considered the 
limiting pollutant in impaired watersheds.
    a. STANDARDS 1992, Standards, Engineering Practices and Data, 39th 
Edition (1992) American Society of Agricultural Engineers, 2950 Niles 
Road, St. Joseph, MI 49085-9659;
    b. National Engineering Handbook Part 651, Agricultural Waste 
Management Field Handbook (1992), P.O. Box 2890, Washington, D.C. 
20013;
    c. Recommendations of local extension services or Soil Conservation 
Services; and
    d. Recommendations of a major University's Agronomic Department.
    4. An information sheet shall be provided to the person who 
receives bulk sewage sludge sold or given away. The information sheet 
shall contain the following information:
    a. The name and address of the person who prepared the sewage 
sludge that is sold or given away in a bag or other container for 
application to the land;
    b. A statement that application of the sewage sludge to the land is 
prohibited except in accordance with the instructions on the label or 
information sheet; and
    c. The annual whole sludge application rate for the sewage sludge 
that does not cause any of the cumulative pollutant loading rates in 
Table 2 above to be exceeded, unless the pollutant concentrations in 
Table 3 found in Element I, Section III below are met.
    5. Sewage sludge shall be land applied in accordance with the 
following restrictions with regard to slope.

------------------------------------------------------------------------
           Slope percent                   Application restriction      
------------------------------------------------------------------------
0-3...............................  None, except drainage to prevent    
                                     standing water shall be provided.  
                                     Liquid or solid material may be    
                                     applied.                           
3-6...............................  Application of liquid or solid      
                                     material may be made. A 100 foot   
                                     vegetated runoff area should be    
                                     provided at the downslope end of   
                                     the application area if a liquid is
                                     applied. Measures should be taken  
                                     to prevent erosion.                

[[Page 44975]]

                                                                        
6-12..............................  Liquid material must be injected    
                                     into the soil. Solid material must 
                                     be incorporated into the soil if   
                                     the site is not covered with       
                                     vegetation. A 100 foot vegetated   
                                     runoff area is required at the     
                                     downslope end of the application   
                                     area for all applications. Measures
                                     must be taken to prevent erosion.  
<12...............................  Unsuitable for application unless a 
                                     200 foot vegetated buffer area with
                                     a slope of less than 3% is provided
                                     at the downslope edge of the       
                                     application area and the material  
                                     is incorporated (solid material)   
                                     and injected (liquid material) into
                                     the soil. Measures must be taken to
                                     prevent erosion.                   
------------------------------------------------------------------------

    6. If bulk sewage sludge is applied to a lawn or home garden, the 
concentration of pollutants in the sludge shall not exceed the criteria 
in Table 3 of the permit.

D. Notification Requirements (Other Than Those Listed in Part IV of the 
Permit)

    1. If bulk sewage sludge is applied to land in a State other than 
the State in which the sludge is prepared, written notice shall be 
provided prior to the initial land application to the permitting 
authority for the State in which the bulk sewage sludge is proposed to 
be applied. The notice shall include:
    a. The location, by either street address or latitude and 
longitude, of each land application site;
    b. The approximate time period bulk sewage sludge will be applied 
to the site;
    c. The name, address, telephone number, and National Pollutant 
Discharge Elimination System permit number (if appropriate) for the 
person who prepares the bulk sewage sludge; and
    d. The name, address, telephone number, and National Pollutant 
Discharge Elimination System permit number (if appropriate) for the 
person who will apply the bulk sewage sludge.
    2. The permittee shall give 60 days prior notice to the Director of 
any change planned in the sewage sludge practice. Any change shall 
include any planned physical alterations or additions to the permitted 
treatment works, changes in the permittee's sludge use or disposal 
practice, and also alterations, additions, or deletions of disposal 
sites. These changes may justify the application of permit conditions 
that are different from or absent in the existing permit, including 
notification of additional disposal sites not reported during the 
permit application process or absent in the existing permit. Change in 
the sludge use or disposal practice may be cause for revoke and reissue 
of the permit in accordance with 40 CFR 122.62(b).
    3. The permittee shall provide the location of all existing sludge 
disposal/use sites to the State Historical Commission within 90 days of 
the effective date of this permit. In addition, the permittee shall 
provide the location of any new disposal/use site to the State 
Historical Commission prior to use of the site. The permittee shall 
within 30 days after notification by the State Historical Commission 
that a specific sludge disposal/use area will adversely affect a 
National Historic Site, cease use of such area.

E. Recordkeeping Requirements

    The sludge documents will be retained on site at the same location 
as other NPDES records.
    The person who prepares bulk sewage sludge or a sewage sludge 
material shall develop the following information and shall retain the 
information for five years. If the permittee supplies the sludge to 
another person who land applies the sludge, the permittee shall notify 
the land applier of the requirements for recordkeeping found in 40 CFR 
503.17 for persons who land apply.
    1. The concentration (mg/Kg) in the sludge of each pollutant listed 
in Table 3 found in Element I, Section III and the applicable pollutant 
concentration criteria (mg/Kg), or the applicable cumulative pollutant 
loading rate and the applicable cumulative pollutant loading rate limit 
(kg/ha) listed in Table 2 above;
    2. A description of how the pathogen reduction requirements are met 
(including site restrictions for Class B sludge, if applicable);
    3. A description of how the vector attraction reduction 
requirements are met;
    4. A description of how the management practices listed above in 
Section II.C. are being met;
    5. The recommended agronomic loading rate from the references 
listed in Section II.C.3. above, as well as the actual agronomic 
loading rate shall be retained;
    6. A description of how the site restrictions in 40 CFR 
503.32(b)(5) are met for each site on which Class B bulk sewage sludge 
is applied;
    7. The following certification statement: ``I certify, under 
penalty of law, that the information that will be used to determine 
compliance with the management practices in 40 CFR 503.14 have been met 
for each site on which bulk sewage sludge is applied. This 
determination has been made under my direction and supervision in 
accordance with the system designed to ensure that qualified personnel 
properly gather and evaluate the information used to determine that the 
management practices have been met. I am aware that there are 
significant penalties for false certification including fine and 
imprisonment.'';
    8. A certification statement that all applicable requirements 
(specifically listed) have been met, and that the permittee understands 
that there are significant penalties for false certification including 
fine and imprisonment. See 40 CFR 503.17(a)(4)(i)(B) or 
503.17(a)(5)(i)(B) as applicable to the permittees sludge treatment 
activities;
    9. The permittee shall maintain information that describes future 
geographical areas where sludge may be land applied;
    10. The permittee shall maintain information identifying site 
selection criteria regarding land application sites not identified at 
the time of permit application submission; and
    11. The permittee shall maintain information regarding how future 
land application sites will be managed.
    The person who prepares bulk sewage sludge or a sewage sludge 
material shall develop the following information and shall retain the 
information indefinitely. If the permittee supplies the sludge to 
another person who land applies the sludge, the permittee shall notify 
the land applier of the requirements for recordkeeping found in 40 CFR 
503.17 for persons who land apply.
    1. The location, by either street address or latitude and 
longitude, of each site on which sludge is applied;
    2. The number of hectares in each site on which bulk sludge is 
applied;
    3. The date and time sludge is applied to each site;
    4. The cumulative amount of each pollutant in kilograms/hectare 
listed in Table 2 applied to each site. If sewage sludge has been 
applied to a particular site since July 20, 1993, the permittee is also 
required to keep records demonstrating that every attempt possible was 
made to gather cumulative

[[Page 44976]]

loading rate information from other land appliers at the site, if 
applicable;
    5. The total amount of sludge applied to each site in metric tons;
    6. The following certification statement: ``I certify, under 
penalty of law, that the information that will be used to determine 
compliance with the requirements to obtain information in 40 CFR 
503.12(e)(2) have been met for each site on which bulk sewage sludge is 
applied. This determination has been made under my direction and 
supervision in accordance with the system designed to ensure that 
qualified personnel properly gather and evaluate the information used 
to determine that the requirements to obtain information have been met. 
I am aware that there are significant penalties for false certification 
including fine and imprisonment.''; and
    7. A description of how the requirements to obtain information in 
40 CFR 503.12(e)(2) are met.

F. Reporting Requirements

    Reporting procedures are required to be conducted by only those 
publicly owned treatment works (POTWs) (defined as a treatment works 
treating domestic sewage that is owned by a municipality or State) with 
a design flow rate equal to or greater than one mgd, and POTWs that 
serve 10,000 people or more, or any POTW required to have an approved 
pretreatment program under 40 CFR 403.8(a) for each final sewage sludge 
reuse or disposal practice. All remaining TWTDS, other than those 
defined above, are not required to report. If applicable, the permittee 
shall report annually on the DMR the following information:
    1. Pollutant Table (2 or 3) appropriate for permittee's land 
application practices;
    2. The frequency of monitoring listed in Element 1, Section I.C. 
which applies to the permittee;
    3. Toxicity Characteristic Leaching Procedure (TCLP) results, if 
applicable (Pass/Fail);
    4. The concentration (mg/Kg) in the sludge of each pollutant listed 
in Table 1 (defined as a monthly average) as well as the applicable 
pollutant concentration criteria (mg/Kg) listed in Table 3 found in 
Element 1, Section III, or the applicable pollutant loading rate limit 
(kg/ha) listed in Table 2 above if it exceeds 90% of the limit;
    5. Level of pathogen reduction achieved (Class A or Class B);
    6. Alternative used as listed in Section I.B.3. (a. or b.). 
Alternatives describe how the pathogen reduction requirements are met. 
If Class B sludge, include information on how site restrictions were 
met in the DMR comment section or attach a separate sheet to the DMR;
    7. Vector attraction reduction alternative used as listed in 
Section I.B.4;
    8. Annual sludge production in dry metric tons/year;
    9. Amount of sludge land applied in dry metric tons/year;
    10. Amount of sludge transported interstate in dry metric tons/
year;
    11. The certification statement listed in 40 CFR 503.17(a)(4)(i)(B) 
or 503.17(a)(5)(i)(B) whichever applies to the permittees sludge 
treatment activities shall be attached to the DMR;
    12. When the amount of any pollutant applied to the land exceeds 
90% of the cumulative pollutant loading rate for that pollutant, as 
described in Table 2, the permittee shall report the following 
information as an attachment to the DMR:
    a. The location, by either street address or latitude and 
longitude;
    b. The number of hectares in each site on which bulk sewage sludge 
is applied;
    c. The date and time bulk sewage sludge is applied to each site;
    d. The cumulative amount of each pollutant (i.e., kilograms/
hectare) listed in Table 2 in the bulk sewage sludge applied to each 
site;
    e. The amount of sewage sludge (i.e., metric tons) applied to each 
site;
    f. The following certification statement:
    ``I certify, under penalty of law, that the information that will 
be used to determine compliance with the requirements to obtain 
information in 40 CFR 503.12(e)(2) have been met for each site on which 
bulk sewage sludge is applied. This determination has been made under 
my direction and supervision in accordance with the system designed to 
ensure that qualified personnel properly gather and evaluate the 
information used to determine that the requirements to obtain 
information have been met. I am aware that there are significant 
penalties for false certification including fine and imprisonment.''; 
and
    g. A description of how the requirements to obtain information in 
40 CFR 503.12(e)(2) are met.

Section III. Requirements Specific to Bulk or Bagged Sewage Sludge 
Meeting Pollutant Concentrations in Table 3 and Class A Pathogen 
Reduction Requirements

    For those permittees with sludge that contains concentrations of 
pollutants below those pollutant limits listed in Table 3 for bulk or 
bagged (containerized) sewage sludge, meets the Class A pathogen 
reduction requirements, and meets vector attraction reduction 
alternatives 1-8 only, the following conditions apply.

    Note: All bagged sewage sludge must be treated by Class A 
pathogen reduction requirements and meet vector attraction reduction 
Alternatives 1-8 only.

A. Pollutant Limits

    The concentration of the pollutants in the municipal sewage sludge 
is at or below the values listed.

                                 Table 3                                
------------------------------------------------------------------------
                                                             Pollutant  
                                                          concentrations
                        Pollutant                           (milligrams 
                                                           per kilogram 
                                                               \1\ )    
------------------------------------------------------------------------
Arsenic.................................................              41
Cadmium.................................................              39
Copper..................................................            1500
Lead....................................................             300
Mercury.................................................              17
Molybdenum..............................................           (\2\)
Nickel..................................................             420
Selenium................................................             100
Zinc....................................................           2800 
------------------------------------------------------------------------
\1\ Dry weight basis.                                                   
\2\ Monitor.                                                            

B. Pathogen Control

    All bulk sewage sludge that is applied to agricultural land, 
forest, a public contact site, a reclamation site, or lawn or home 
garden shall be treated by the Class A pathogen reduction requirements 
as defined above in Element I, Section I.B.3. All bagged sewage sludge 
must be treated by Class A pathogen reduction requirements.

C. Management Practices

    None. However, it is strongly recommended that the sewage sludge be 
land applied at an agronomic rate (nitrogen and phosphorous) in 
accordance with recommendations from the following references. Nitrogen 
shall be considered the limiting pollutant in unimpaired watershed 
areas. Phosphorous shall be considered the limiting pollutant in 
impaired watershed areas.
    1. STANDARDS 1992, Standards, Engineering Practices and Data, 39th 
Edition (1992) American Society of Agricultural Engineers, 2950 Niles 
Road, St. Joseph, MI 49085-9659;
    2. National Engineering Handbook Part 651, Agricultural Waste 
Management Field Handbook (1992), P.O. Box 2890, Washington, D.C. 
20013;
    3. Recommendations of local extension services or Soil Conservation 
Services; and
    4. Recommendations of a major University's Agronomic Department.

[[Page 44977]]

D. Notification Requirements

    None (Other than those listed in Part IV of the permit).

E. Recordkeeping Requirements

    The permittee shall develop the following information and shall 
retain the information for five years. The sludge documents will be 
retained on site at the same location as other NPDES records.
    1. The concentration (mg/Kg) in the sludge of each pollutant listed 
in Table 3 and the applicable pollutant concentration criteria listed 
in Table 3;
    2. A certification statement that all applicable requirements 
(specifically listed) have been met, and that the permittee understands 
that there are significant penalties for false certification including 
fine and imprisonment. See 40 CFR 503.17(a)(1)(ii);
    3. A description of how the Class A pathogen reduction requirements 
are met; and
    4. A description of how the vector attraction reduction 
requirements are met.

F. Reporting Requirements

    Reporting procedures are required to be conducted by only those 
publicly owned treatment works (POTWs) (defined as a treatment works 
treating domestic sewage that is owned by a municipality or State) 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 403.8(a) for each 
final sewage sludge reuse or disposal practice. All remaining TWTDS, 
other than those defined above, are not required to report. If 
applicable, the permittee shall report annually on the DMR the 
following information:
    1. Pollutant Table 3 appropriate for permittee's land application 
practices;
    2. The frequency of monitoring listed in Element 1, Section I.C. 
which applies to the permittee;
    3. Toxicity Characteristic Leaching Procedure (TCLP) results, if 
applicable (Pass/Fail);
    4. The concentration (mg/Kg) in the sludge of each pollutant listed 
in Table 1 (defined as a monthly average) found in Element 1, Section 
I. In addition, the applicable pollutant concentration criteria listed 
in Table 3 should be included on the DMR;
    5. Pathogen reduction Alternative used for Class A bagged or bulk 
sludge as listed in Section I.B.3.a;
    6. Vector attraction reduction Alternative used (Alternatives 1-8 
only), as listed in Section I.B.4;
    7. Annual sludge production in dry metric tons/year;
    8. Amount of sludge land applied in dry metric tons/year;
    9. Amount of sludge transported interstate in dry metric tons/year; 
and
    10. The certification statement listed in 40 CFR 503.17(a)(1)(ii) 
or 503.17(a)(3)(i)(B), whichever applies to the permittees sludge 
treatment activities, shall be attached to the DMR.

Section IV. Requirements Specific to Sludge Sold or Given Away in a Bag 
or Other Container for Application to the Land That Does Not Meet the 
Minimum Pollutant Concentrations in Table 3

A. Pollutant Limits

    The product of the concentration of each pollutant in the sewage 
sludge and the annual whole sludge application rate (AWSAR) for the 
sewage sludge shall not cause the annual pollutant loading rate (APLA) 
in Table 4 to be exceeded. The procedures used to determine the AWSAR 
are presented in appendix A to 40 CFR part 503.

                                 Table 4                                
------------------------------------------------------------------------
                                                              Annual    
                                                             pollutant  
                                                           loading rate 
                        Pollutant                             (kg per   
                                                            hectare/365 
                                                            day period) 
------------------------------------------------------------------------
Arsenic.................................................             2.0
Cadmium.................................................             1.9
Copper..................................................              75
Lead....................................................              15
Mercury.................................................            0.85
Molybdenum..............................................           (\1\)
Nickel..................................................              21
Selenium................................................             5.0
Zinc....................................................            140 
------------------------------------------------------------------------
\1\ Monitor.                                                            

B. Pathogen Control

    All sewage sludge that is sold or given away in a bag or other 
container for application to the land shall be treated by the Class A 
pathogen requirements as defined in Section I.B.3.a. All sewage sludge 
that is sold or given away in a bag or other container for application 
to the land shall meet vector attraction reduction Alternatives 1-8 
only.

C. Management Practices

    Either a label shall be affixed to the bag or other container in 
which sewage sludge that is sold or given away for application to the 
land, or an information sheet shall be provided to the person who 
receives sewage sludge sold or given away in another container for 
application to the land. The label or information sheet shall contain 
the following information:
    1. The name and address of the person who prepared the sewage 
sludge that is sold or given away in a bag or other container for 
application to the land;
    2. A statement that application of the sewage sludge to the land is 
prohibited except in accordance with the instructions on the label or 
information sheet; and
    3. The annual whole sludge application rate for the sewage sludge 
that will not cause any of the annual pollutant loading rates in Table 
4 above to be exceeded.

D. Notification Requirements

    None, (other than those listed in Part IV of the permit).

E. Recordkeeping Requirements

    The sludge documents will be retained on site at the same location 
as other NPDES records.
    The person who prepares sewage sludge or a sewage sludge material 
shall develop the following information and shall retain the 
information for five years.
    1. The concentration in the sludge of each pollutant listed above 
is found in Element I, Section I, Table 1;
    2. The following certification statement found in 40 CFR 
503.17(a)(6)(iii):
    ``I certify, under penalty of law, that the information that will 
be used to determine compliance with the management practices in 40 CFR 
503.14(e), the Class A pathogen requirement in 40 CFR 503.32(a), and 
the vector attraction reduction requirement in (insert vector 
attraction reduction option) have been met. This determination has been 
made under my direction and supervision in accordance with the system 
designed to ensure that qualified personnel properly gather and 
evaluate the information used to determine that the management 
practices, pathogen requirements, and vector attraction reduction 
requirements have been met. I am aware that there are significant 
penalties for false certification including the possibility of fine and 
imprisonment'';
    3. A description of how the Class A pathogen reduction requirements 
are met;
    4. A description of how the vector attraction reduction 
requirements are met; and
    5. The annual whole sludge application rate for the sewage sludge 
that does not cause the annual pollutant loading rates in Table 4 to be 
exceeded. See appendix A to 40 CFR part 503--Procedure to Determine the 
Annual

[[Page 44978]]

Whole Sludge Application Rate for a Sewage Sludge.

F. Reporting Requirements

    Reporting procedures are required to be conducted by only those 
publicly owned treatment works (POTWs) (defined as a treatment works 
treating domestic sewage that is owned by a municipality or State) with 
a design flow rate equal to or greater than one mgd, and POTWs that 
serve 10,000 people or more, or any POTW required to have an approved 
pretreatment program under 40 CFR 403.8(a) for each final sewage sludge 
reuse or disposal practice. All remaining TWTDS, other than those 
defined above, are not required to report. If applicable, the permittee 
shall report annually on the DMR the following information:
    1. List Pollutant Table 4 appropriate for permittee's land 
application practices;
    2. The frequency of monitoring listed in Element 1, Section I.C. 
which applies to the permittee;
    3. Toxicity Characteristic Leaching Procedure (TCLP) results, if 
applicable (Pass/Fail);
    4. The concentration (mg/Kg) in the sludge of each pollutant listed 
above in Table 1 (defined as a monthly average) found in Element 1, 
Section I;
    5. Class A pathogen reduction Alternative used as listed in Section 
I.B.3.a. Alternatives describe how the pathogen reduction requirements 
are met;
    6. Vector attraction reduction Alternative used as listed in 
Section I.B.4;
    7. Annual sludge production in dry metric tons/year;
    8. Amount of sludge land applied in dry metric tons/year;
    9. Amount of sludge transported interstate in dry metric tons/year; 
and
    10. The following certification statement found in 40 CFR 
503.17(a)(6)(iii) shall be attached to the DMR.
    ``I certify, under penalty of law, that the information that will 
be used to determine compliance with the management practice in 40 CFR 
503.14(e), the Class A pathogen requirement in 40 CFR 503.32(a), and 
the vector attraction reduction requirement (insert appropriate option) 
have been met. This determination has been made under my direction and 
supervision in accordance with the system designed to ensure that 
qualified personnel gather and evaluate the information used to 
determine that the management practice, pathogen requirements, and 
vector attraction reduction requirements have been met. I am aware that 
there are significant penalties for false certification including the 
possibility of fine and imprisonment.''

Element 2--Surface Disposal

Section I. Requirements Applying to All Sewage Sludge Surface Disposal

A. General Requirements

    1. The permittee shall handle and dispose of sewage sludge in 
accordance with section 405 of the Clean Water Act and all other 
applicable Federal regulations to protect public health and the 
environment from any reasonably anticipated adverse effects due to any 
toxic pollutants which may be present in the sludge.
    2. If requirements for sludge management practices or pollutant 
criteria become more stringent than the sludge pollutant limits or 
acceptable management practices in this permit, or control a pollutant 
not listed in this permit, this permit may be modified or revoked and 
reissued to conform to the requirements promulgated at section 
405(d)(2) of the Clean Water Act.
    3. In all cases, if the person (permit holder) who prepares the 
sewage sludge supplies the sewage sludge to another person (owner or 
operator of a sewage sludge unit) for disposal in a surface disposal 
site, the permit holder shall provide all necessary information to the 
parties who receive the sludge to assure compliance with these 
regulations.
    4. The permittee shall give prior notice to EPA (Chief, Permits 
Branch, Water Quality Management Division, Mail Code 6WQ-P, EPA Region 
6, 1445 Ross Avenue, Dallas, Texas 75202) of any planned changes in the 
sewage sludge disposal practice, in accordance with 40 CFR 
122.41(l)(1)(iii). These changes may justify the application of permit 
conditions that are different from or absent in the existing permit. 
Change in the sludge use or disposal practice may be cause for 
modification of the permit in accordance with 40 CFR 122.62(a)(1).
    5. The permittee shall complete the following evaluation of the 
sewage sludge generated by the facility. The permittee shall retain 
this information on site and it shall be made available for inspection 
purposes within three years of the effective date of the permit.
    a. An annual quantitative tabulation of the ultimate disposition of 
all sewage sludge (including, but not limited to, the amount 
beneficially reused, landfilled, surface disposed, and incinerated).
    b. An assessment of technological processes and an economic 
analysis evaluating the potential for beneficial reuse of all sewage 
sludge not currently beneficially reused, including a listing of any 
steps which would be required to achieve the sludge quality necessary 
to beneficially reuse the sludge.
    c. A description of, including the expected results and the 
anticipated timing for, all projects in process, in planning and/or 
being considered which are directed towards additional beneficial reuse 
of sewage sludge.
    d. A listing of the specific steps (controls/changes) which would 
be necessary to achieve and sustain the quality of the sludge so that 
the pollutant concentrations in the sludge fall below the pollutant 
concentration criteria listed in Part IV, Element I, Section III, Table 
3 of the permit.
    e. A listing of, and the anticipated timing for, all projects in 
process, in planning, and/or being considered which are directed 
towards meeting the sludge quality referenced in (d) above.
    6. Storage of sewage sludge at a particular site shall be limited 
to 2 years. If sewage sludge is stored, the permittee shall develop a 
site management plan outlining standard operating procedures for 
storage of sewage sludge to prevent potential contamination of the 
environment (including contamination of ground and surface water). The 
plan shall be kept on site. Development of a site management plan is 
not necessary for temporary storage needed for treatment works upgrade, 
repair, or maintenance or for agricultural purposes.
    7. The permittee or owner/operator shall submit a written closure 
and post closure plan to the permitting authority 180 days prior to the 
closure date. The plan shall include the following information:
    (a) A discussion of how the leachate collection system will be 
operated and maintained for three years after the surface disposal site 
closes if it has a liner and leachate collection system;
    (b) A description of the system used to monitor continuously for 
methane gas in the air in any structures within the surface disposal 
site. The methane gas concentration shall not exceed 25% of the lower 
explosive limit for methane gas for three years after the sewage sludge 
unit closes. A description of the system used to monitor for methane 
gas in the air at the property line of the site shall be included. The 
methane gas concentration at the surface disposal site property line 
shall not exceed the lower explosive limit for methane gas for three 
years after the sewage sludge unit closes; and
    (c) A discussion of how public access to the surface disposal site 
will be restricted for three years after it closes.

[[Page 44979]]

    8. Coverage under this permit does not relieve the permittee from 
complying with state regulations applicable to sewage sludge use and 
disposal.

B. Management Practices

    1. An active sewage sludge unit located within 60 meters of a fault 
that has displacement in Holocene time shall close by March 22, 1994.
    2. An active sewage sludge unit located in an unstable area shall 
close by March 22, 1994.
    3. An active sewage sludge unit located in a wetland, except as 
provided in a permit issued pursuant to section 402 of the CWA, shall 
close by March 22, 1994.
    4. Surface disposal shall not restrict the flow of the 100 year 
base flood.
    5. The run-off collection system for an active sewage sludge unit 
shall have the capacity to handle run-off from a 25-year, 24-hour storm 
event. The run-off from an active sewage sludge unit shall be collected 
and shall be disposed in accordance with NPDES permit requirements and 
any other applicable requirements.
    6. A food crop, feed crop, or a fiber crop shall not be grown on a 
surface disposal site.
    7. Animals shall not be grazed on a surface disposal site.
    8. Public access shall be restricted on the active surface disposal 
site and for three years after the site closes.
    9. Placement of sewage sludge shall not contaminate an aquifer. 
This shall be demonstrated through one of the following:
    (a) Results of a ground-water monitoring program developed by a 
qualified ground-water scientist; or
    (b) A certification by a qualified ground-water scientist may be 
used to demonstrate that sewage sludge placed on an active sewage 
sludge unit does not contaminate an aquifer.
    10. When a cover is placed on an active surface disposal site, the 
concentration of methane gas in air in any structure within the surface 
disposal site shall not exceed 25 percent of the lower explosive limit 
for methane gas during the period that the sewage sludge unit is 
active. The concentration of methane gas in air at the property line of 
the surface disposal site shall not exceed the lower explosive limit 
for methane gas during the period that the sewage sludge unit is 
active. Monitoring shall be continuous.

C. Testing Requirements

    1. Sewage sludge shall be tested once during the life of the permit 
within one year from the effective date of the permit in accordance 
with the method specified at 40 CFR part 268, appendix I (Toxicity 
Characteristic Leaching Procedure (TCLP)) or other approved methods on 
those publicly owned treatment works (POTWs) (defined as a treatment 
works treating domestic sewage that is owned by a municipality or 
State) 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 
403.8(a) for each final sewage sludge reuse or disposal practice. 
Sludge shall be tested after final treatment prior to leaving the POTW 
site. Sewage sludge determined to be a hazardous waste in accordance 
with 40 CFR part 261, shall be handled according to RCRA standards for 
the disposal of hazardous waste in accordance with 40 CFR part 262. The 
disposal of sewage sludge determined to be a hazardous waste, in other 
than a certified hazardous waste disposal facility shall be prohibited. 
The Information Management Section, telephone no. (214) 665-6750, and 
the appropriate state agency shall be notified of test failure within 
24 hours. A written report shall be provided to this office within 7 
days after failing the TCLP. The report will contain test results, 
certification that unauthorized disposal has not occurred and a summary 
of alternative disposal plans that comply with RCRA standards for the 
disposal of hazardous waste. The report shall be addressed to: 
Director, Multimedia Planning and Permitting Division, EPA Region 6, 
Mail Code 6PD, 1445 Ross Avenue, Dallas, Texas 75202. A copy of this 
report shall be sent to the Chief, Water Enforcement Branch, Compliance 
Assurance and Enforcement Division, Mail Code 6EN-W, at the same street 
address.
    2. Sewage sludge shall be tested at the frequency show below in 
Element 2, Section I.D. for PCBs on those publicly owned treatment 
works (POTWs) (defined as a treatment works treating domestic sewage 
that is owned by a municipality or State) 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 403.8(a) for each final sewage sludge 
reuse or disposal practice. Any sludge exceeding a concentration of 50 
mg/Kg for PCBs shall not be surface disposed.
    3. Pathogen Control. All sewage that is disposed of in a surface 
disposal site shall be treated by either the Class A or Class B 
pathogen requirements unless sewage sludge is placed on an active 
surface disposal site and is covered with soil or other material at the 
end of each operating day. When reporting on the DMR, list pathogen 
reduction level attained as A, B, or C (daily cover). When reporting 
how compliance was met, list Alternative 1, 2, or 3 for Class A, or 
Alternative Number 1, 2, 3, 4, 5, or 6 for Class B, on DMR.
    (a) Six alternatives are available to demonstrate compliance with 
Class A sewage sludge. All 6 alternatives require either the density of 
fecal coliform in the sewage sludge be less than 1000 MPN per gram of 
total solids (dry weight basis), or the density of Salmonella sp. 
bacteria in the sewage sludge be less than three Most Probable Number 
per four grams of total solids (dry weight basis) at the time the 
sewage sludge is used or disposed; at the time the sewage sludge is 
prepared for sale or given away in a bag or other container for 
application to the land. Below are the additional requirements 
necessary to met the definition of a Class A sludge.
    Alternative 1--The temperature of the sewage sludge that is used or 
disposed shall be maintained at a specific value for a period of time. 
See 40 CFR 503.32(a)(3)(ii) for specific information. This alternative 
is not applicable to composting.
    Alternative 2--The pH of the sewage sludge that is used or disposed 
shall be raised to above 12 and shall remain above 12 for 72 hours. The 
pH shall be defined as the logarithm of the reciprocal of the hydrogen 
ion concentration measured at 25 deg. C or measured at another 
temperature and then converted to an equivalent value at 25 deg. C.
    The temperature of the sewage sludge shall be above 52 degrees 
Celsius for 12 hours or longer during the period that the pH of the 
sewage sludge is above 12.
    At the end of the 72 hour period during which the pH of the sewage 
sludge is above 12, the sewage sludge shall be air dried to achieve a 
percent solids in the sewage sludge greater than 50 percent.
    Alternative 3--The sewage sludge shall be analyzed for enteric 
viruses prior to pathogen treatment. The limit for enteric viruses is 
one Plaque-forming Unit per four grams of total solids (dry weight 
basis) either before or following pathogen treatment. See 40 CFR 
503.32(a)(5)(ii) for specific information. The sewage sludge shall be 
analyzed for viable helminth ova prior to pathogen treatment. The limit 
for viable helminth ova is less than one per four grams of total solids 
(dry weight basis) either before or following pathogen treatment. See 
40 CFR 503.32(a)(5)(iii) for specific information.

[[Page 44980]]

    Alternative 4--The density of enteric viruses in the sewage sludge 
shall be less than one Plaque-forming Unit per four grams of total 
solids (dry weight basis) at the time the sewage sludge is used or 
disposed or at the time the sludge is prepared for sale or give away in 
a bag or other container for application to the land.
    The density of viable helminth ova in the sewage sludge shall be 
less than one per four grams of total solids (dry weight basis) at the 
time the sewage sludge is used or disposed or at the time the sewage 
sludge is prepared for sale or give away in a bag or other container 
for application to the land.
    Alternative 5--Sewage sludge shall be treated by one of the 
Processes to Further Reduce Pathogens (PFRP) described in 40 CFR 503, 
appendix B. PFRPs include composting, heat drying, heat treatment, and 
thermophilic aerobic digestion.
    Alternative 6--Sewage sludge shall be treated by a process that is 
equivalent to a Process to Further Reduce Pathogens, if individually 
approved by the Pathogen Equivalency Committee representing the EPA.
    (b) Three alternatives are available to demonstrate compliance with 
Class B sewage sludge.
    Alternative 1--(i) Seven representative samples of the sewage 
sludge that is disposed shall be collected for one monitoring episode 
at the time the sewage sludge is used or disposed.
    (ii) The geometric mean of the density of fecal coliform in the 
samples collected shall be less than either 2,000,000 Most Probable 
Number per gram of total solids (dry weight basis) or 2,000,000 Colony 
Forming Units per gram of total solids (dry weight basis).
    Alternative 2--Sewage sludge shall be treated in one of the 
Processes to significantly Reduce Pathogens described in 40 CFR part 
503, appendix B.
    Alternative 3--Sewage sludge shall be treated in a process that is 
equivalent to a PSRP, if individually approved by the Pathogen 
Equivalency Committee representing the EPA.
    Alternative 4--Sewage sludge placed on an active surface disposal 
site is covered with soil or other material at the end of each 
operating day.
    4. Vector Attraction Reduction Requirements. All sewage sludge that 
is disposed of in a surface disposal site shall be treated by one of 
the following alternatives 1 through 11 for Vector Attraction 
Reduction.
    Alternative 1--The mass of volatile solids in the sewage sludge 
shall be reduced by a minimum of 38 percent.
    Alternative 2--If Alternative 1 cannot be met for an anaerobically 
digested sludge, demonstration can be made by digesting a portion of 
the previously digested sludge anaerobically in the laboratory in a 
bench-scale unit for 40 additional days at a temperature between 30 and 
37 degrees Celsius. Volatile solids must be reduced by less than 17 
percent to demonstrate compliance.
    Alternative 3--If Alternative 1 cannot be met for an aerobically 
digested sludge, demonstration can be made by digesting a portion of 
the previously digested sludge with a percent solids of two percent or 
less aerobically in the laboratory in a bench-scale unit for 30 
additional days at 20 degrees Celsius. Volatile solids must be reduced 
by less than 15 percent to demonstrate compliance.
    Alternative 4--The specific oxygen uptake rate (SOUR) for sewage 
sludge treated in an aerobic process shall be equal to or less than 1.5 
milligrams of oxygen per hour per gram of total solids (dry weight 
basis) at a temperature of 20 degrees Celsius.
    Alternative 5--Sewage sludge shall be treated in an aerobic process 
for 14 days or longer. During that time, the temperature of the sewage 
sludge shall be higher than 40 degrees Celsius and the average 
temperature of the sewage sludge shall be higher than 45 degrees 
Celsius.
    Alternative 6--The pH of sewage sludge shall be raised to 12 or 
higher by alkali addition and, without the addition of more alkali 
shall remain at 12 or higher for two hours and then at 11.5 or higher 
for an additional 22 hours at the time the sludge is disposed.
    Alternative 7--The percent solids of sewage sludge that does not 
contain unstabilized solids generated in a primary wastewater treatment 
process shall be equal to or greater than 75 percent based on the 
moisture content and total solids prior to mixing with other materials 
at the time the sludge is disposed. Unstabilized solids are defined as 
organic materials in sewage sludge that have not been treated in either 
an aerobic or an anaerobic treatment process.
    Alternative 8--The percent solids of sewage sludge that contains 
unstabilized solids generated in a primary wastewater treatment process 
shall be equal to or greater than 90 percent based on the moisture 
content and total solids prior to mixing with other materials at the 
time the sludge is disposed. Unstabilized solids are defined as organic 
materials in sewage sludge that have not been treated in either an 
aerobic or an anaerobic treatment process.
    Alternative 9--(i) Sewage sludge shall be injected below the 
surface of the land.
    (ii) No significant amount of the sewage sludge shall be present on 
the land surface within one hour after the sewage sludge is injected.
    (iii) When sewage sludge that is injected below the surface of the 
land is Class A with respect to pathogens, the sewage sludge shall be 
injected below the land surface within eight hours after being 
discharged from the pathogen treatment process.
    Alternative 10--(i) Sewage sludge applied to the land surface or 
placed on a surface disposal site shall be incorporated into the soil 
within six hours after application to or placement on the land.
    (ii) When sewage sludge that is incorporated into the soil is Class 
A with respect to pathogens, the sewage sludge shall be applied to or 
placed on the land within eight hours after being discharged from the 
pathogen treatment process.
    Alternative 11--Sewage sludge placed on an active sewage sludge 
unit shall be covered with soil or other material at the end of each 
operating day.
    5. Methane Gas Control Within a Structure On Site. When cover is 
placed on an active sewage sludge unit, located in a surface disposal 
site, the methane gas concentration in the air in any structure shall 
not exceed 25% of the lower explosive limit (LEL) for methane gas 
during the period that the disposal site is active.
    6. Methane Gas Control at Property Line. The concentration of 
methane gas in air at the property line of the surface disposal site 
shall not exceed the LEL for methane gas during the period that the 
disposal site is active.

D. Monitoring Requirements

    Toxicity Characteristic Leaching Procedure (TCLP) Test--Once/Life, 
performed within one year from the effective date of the permit (For 
POTWs with a design flow of 1.0 mgd or greater)

PCBs--Once/Year
Methane Gas in covered structures on site--Continuous
Methane Gas at property line--Continuous

    All other pollutants shall be monitored at the frequency shown 
below:

------------------------------------------------------------------------
  Amount of sewage sludge \1\ (metric                                   
         tons/365 day period)                       Frequency           
------------------------------------------------------------------------
0  Sludge  290..  Once/Year.                      

[[Page 44981]]

                                                                        
290  Sludge  1,5  Once/Quarter.                   
 00.                                                                    
1,500  Sludge  1  Once/Two Months.                
 5,000.                                                                 
15,000  Sludge.............  Once/Month.                     
------------------------------------------------------------------------
\1\ Amount of sewage sludge placed on an active sewage sludge unit (dry 
  weight basis).                                                        

    Representative samples of sewage sludge shall be collected and 
analyzed in accordance with the methods referenced in 40 CFR 503.8(b).

Section II. Requirements Specific to Surface Disposal Sites Without a 
Liner and Leachate Collection System

A. Pollutant Limits

    Sewage sludge shall not be applied to a surface disposal site if 
the concentration of the listed pollutants exceed the corresponding 
values based on the surface disposal site boundary to the property line 
distance:

                                 Table 5                                
------------------------------------------------------------------------
                                        Pollutant concentration \1\     
 Unit boundary to property line-- --------------------------------------
        distance (meters)            Arsenic      Chromium   Nickel  (mg/
                                     (mg/kg)      (mg/kg)        kg)    
------------------------------------------------------------------------
0 to less than 25................           30          200          210
25 to less than 50...............           34          220          240
50 to less than 75...............           39          260          270
75 to less than 100..............           46          300          320
100 to less than 125.............           53          360          390
125 to less than 150.............           62          450          420
Equal to or greater than 150.....           73          600          420
------------------------------------------------------------------------
\1\Dry weight basis.                                                    

B. Management Practices

    Listed in Section I.B. above.

C. Notification Requirements (Other Than Those Listed in Part IV of the 
Permit)

    (a) The permittee shall assure that the owner of the surface 
disposal site provide written notification to the subsequent site 
owners that sewage sludge was placed on the land.
    (b) The permittee shall provide the location of all existing sludge 
disposal/use sites to the State Historical Commission within 90 days of 
the effective date of this permit. In addition, the permittee shall 
provide the location of any new disposal/use site to the State 
Historical Commission prior to use of the site.
    The permittee shall within 30 days after notification by the State 
Historical Commission that a specific sludge disposal/use area will 
adversely affect a National Historic Site, cease use of such area.

D. Recordkeeping Requirements

    The permittee shall develop the following information and shall 
retain the information for five years. The sludge documents will be 
retained on site at the same location as other NPDES records.
    1. The distance of the surface disposal site from the property line 
and the concentration (mg/Kg) in the sludge of each pollutant listed 
above in Table 5, as well as the applicable pollutant concentration 
criteria listed in Table 5;
    2. A certification statement that all applicable requirements 
(specifically listed) have been met, and that the permittee understands 
that there are significant penalties for false certification including 
fine and imprisonment. See 40 CFR 503.27(a)(1)(ii) or 503.27(a)(2)(ii) 
as applicable to the permittees sludge disposal activities;
    3. A description of how either the Class A or Class B pathogen 
reduction requirements are met, or whether sewage sludge placed on a 
surface disposal site is covered with soil or other material at the end 
of each operating day;
    4. A description of how the vector attraction reduction 
requirements are met; and
    5. Results of a groundwater monitoring program developed by a 
qualified ground-water scientist, or a certification by a qualified 
groundwater scientist may be used to demonstrate that sewage sludge 
placed on an active sewage sludge unit does not contaminate an aquifer.
    6. A description of how the management practices listed in I.B. 
above are met.
    7. The site management plan discussed in Element 2, Section I.A.6. 
if sewage sludge is stored.

E. Reporting Requirements

    Reporting procedures are required to be conducted by only those 
publicly owned treatment works (POTWs) (defined as a treatment works 
treating domestic sewage that is owned by a municipality or State) 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 403.8(a) for each 
final sewage sludge reuse or disposal practice. All remaining TWTDS, 
other than those defined above, are not required to report. If 
applicable, the permittee shall report annually on the DMR the 
following information:
    1. Report No for no liner and leachate collection system at surface 
disposal site;
    2. The frequency of monitoring listed in Element II, Section I.D. 
which applies to the permittee;
    3. Toxicity Characteristic Leaching Procedure (TCLP) results, if 
applicable (Pass/Fail);
    4. The concentration (mg/Kg) in the sludge of each pollutant listed 
in Table 5 as well as the applicable pollutant concentration criteria 
listed in Table 5;
    5. The concentration (mg/Kg) of PCB's in the sludge;
    6. The distance between the property line and the surface disposal 
site boundary;
    7. Level of pathogen reduction achieved (Class A or Class B), 
unless Vector attraction reduction alternative no. 11 is utilized;
    8. List Alternative used as listed in Section I.C.3.(a. or b.). 
Alternatives describe how the pathogen reduction requirements are met;
    9. Vector attraction reduction Alternative used as listed in 
Section I.C.4;

[[Page 44982]]

    10. Annual sludge production in dry metric tons/year;
    11. Amount of sludge surface disposed in dry metric tons/year;
    12. Amount of sludge transported interstate in dry metric tons/
year;
    13. A narrative description explaining how the management practices 
in 40 CFR 503.24 are met shall be attached to the DMR; and
    14. The certification statement listed in 40 CFR 503.27(a)(1)(ii) 
or 503.27(a)(2)(ii) as applicable to the permittees sludge disposal 
activities, shall be attached to the DMR.

Section III. Requirements Specific to Surface Disposal Sites With a 
Liner and Leachate Collection System

A. Pollutant Limits

    None.

B. Management Practices

    Listed in Section I.B. above.

C. Notification Requirements (Other Than Those Listed in Part IV of the 
permit)

    (a) The permittee shall assure that the owner of the surface 
disposal site provide written notification to the subsequent owner of 
the site that sewage sludge was placed on the land.
    (b) The permittee shall provide the location of all existing sludge 
disposal/use sites to the State Historical Commission within 90 days of 
the effective date of this permit. In addition, the permittee shall 
provide the location of any new disposal/use site to the State 
Historical Commission prior to use of the site.
    The permittee shall within 30 days after notification by the State 
Historical Commission that a specific sludge disposal/use area will 
adversely affect a National Historic Site, cease use of such area.

D. Recordkeeping Requirements

    The permittee shall develop the following information to be 
retained on site at the same location as other NPDES records and shall 
retain the information for five years.
    1. The following certification statement found in 40 CFR 
503.27(a)(1)(ii):
    ``I certify, under penalty of law, that the information that will 
be used to determine compliance with the pathogen requirements (define 
option used) and the vector attraction reduction requirements (define 
option used) have been met. This determination has been made under my 
direction and supervision in accordance with the system designed to 
ensure that qualified personnel properly gather and evaluate the 
information used to determine the (pathogen requirements and vector 
attraction reduction requirements, if appropriate) have been met. I am 
aware that there are significant penalties for false certification 
including the possibility of fine and imprisonment.'';
    2. A description of how either the Class A or Class B pathogen 
reduction requirements are met or whether sewage sludge placed on a 
surface disposal site is covered with soil or other material at the end 
of each operating day;
    3. A description of how the vector attraction reduction 
requirements are met; and
    4. Results of a ground-water monitoring program developed by a 
qualified ground-water scientist. A certification by a qualified 
ground-water scientist may be used to demonstrate that sewage sludge 
placed on an active sewage sludge unit does not contaminate an aquifer.
    5. The site management plan discussed in Element 2, Section I.A.6. 
if sewage sludge is stored.

E. Reporting Requirements

    Reporting procedures are required to be conducted by only those 
publicly owned treatment works (POTWs) (defined as a treatment works 
treating domestic sewage that is owned by a municipality or State) with 
a design flow rate equal to or greater than one mgd, and POTWs that 
serve 10,000 people or more, or any POTW required to have an approved 
pretreatment program under 40 CFR 403.8(a) for each final sewage sludge 
reuse or disposal practice. All remaining TWTDS, other than those 
defined above, are not required to report. If applicable, the permittee 
shall report annually on the DMR the following information:
    1. Report YES for liner and leachate collection system at surface 
disposal site;
    2. The frequency of monitoring listed in Element 2, Section I.D. 
which applies to the permittee;
    3. Toxicity Characteristic Leaching Procedure (TCLP) results, if 
applicable (Pass/Fail);
    4. The concentration (mg/Kg) in the sludge of PCBs;
    5. Level of pathogen reduction achieved (Class A or Class B), 
unless Vector attraction reduction alternative no. 11 is used;
    6. List Alternative used as listed in Section I.C.3.(a. or b.). 
Alternatives describe how the pathogen reduction requirements are met;
    7. Vector attraction reduction Alternative used as listed in 
Section I.B.4;
    8. Annual sludge production in dry metric tons/year;
    9. Amount of sludge surface disposed in dry metric tons/year;
    10. Amount of sludge transported interstate in dry metric tons/
year;
    11. A narrative description explaining how the management practices 
in 40 CFR 503.24 are met shall be attached to the DMR; and
    12. A certification statement that all applicable requirements 
(specifically listed) have been met, and that the permittee understands 
that there are significant penalties for false certification including 
fine and imprisonment (See 40 CFR 503.27(a)(1)(ii) or 503.27(a)(2)(ii) 
whichever applies to the permittees sludge disposal activities) shall 
be attached to the DMR.

Element 3--Municipal Solid Waste Landfill Disposal

Section I. Requirements Applying to All Sewage Sludge Disposed in a 
Municipal Solid Waste Landfill (MSWLF)

    A. The permittee shall handle and dispose of sewage sludge in 
accordance with section 405 of the Clean Water Act and all other 
applicable Federal regulations to protect public health and the 
environment from any reasonably anticipated adverse effects due to any 
toxic pollutants that may be present in the sludge. The permittee shall 
ensure that the sewage sludge meets the requirements in 40 CFR part 258 
concerning the quality of the sludge disposed in the municipal solid 
waste landfill unit.
    B. If requirements for sludge management practices or pollutant 
criteria become more stringent than the sludge pollutant limits or 
acceptable management practices in this permit, or control a pollutant 
not listed in this permit, this permit may be modified or revoked and 
reissued to conform to the requirements promulgated at section 
405(d)(2) of the Clean Water Act.
    C. If the permittee generates sewage sludge and supplies that 
sewage sludge to the owner or operator of a MSWLF for disposal, the 
permittee shall provide to the owner or operator of the MSWLF 
appropriate information needed to be in compliance with the provisions 
of this permit.
    D. The permittee shall give prior notice to EPA (Chief, Permits 
Branch, Water Quality Management Division, Mail Code 6WQ-P, EPA Region 
6, 1445 Ross Avenue, Dallas, Texas 75202) of any planned changes in the 
sewage sludge disposal practice, in accordance with 40 CFR 
122.41(l)(1)(iii). These changes may justify the application of

[[Page 44983]]

permit conditions that are different from or absent in the existing 
permit. Change in the sludge use or disposal practice may be cause for 
modification of the permit in accordance with 40 CFR 122.62(a)(1).
    E. The permittee shall provide the location of all new sludge 
disposal/use sites, where previously undisturbed ground is proposed for 
disturbance, to the State Historical Commission within 90 days of the 
effective date of this permit. In addition, the permittee shall provide 
the location of any new disposal/use site to the State Historical 
Commission prior to use of the site. The permittee shall within 30 days 
after notification by the State Historical Commission that a specific 
sludge disposal/use area will adversely affect a National Historic 
Site, cease use of such area.
    F. The permittee shall complete the following evaluation of the 
sewage sludge generated by the facility. The permittee shall retain 
this information on site and it shall be made available for inspection 
purposes within three years of the effective date of the permit.
    a. An annual quantitative tabulation of the ultimate disposition of 
all sewage sludge (including, but not limited to, the amount 
beneficially reused, landfilled, surface disposed, and incinerated).
    b. An assessment of technological processes and an economic 
analysis evaluating the potential for beneficial reuse of all sewage 
sludge not currently beneficially reused, including a listing of any 
steps which would be required to achieve the sludge quality necessary 
to beneficially reuse the sludge.
    c. A description of, including the expected results and the 
anticipated timing for, all projects in process, in planning and/or 
being considered which are directed towards additional beneficial reuse 
of sewage sludge.
    d. A listing of the specific steps (controls/changes) which would 
be necessary to achieve and sustain the quality of the sludge so that 
the pollutant concentrations in the sludge fall below the pollutant 
concentration criteria listed in Part XIII, Element I, Section III, 
Table 3 of the permit.
    e. A listing of, and the anticipated timing for, all projects in 
process, in planning, and/or being considered which are directed 
towards meeting the sludge quality referenced in (d) above.
    G. Coverage under this permit does not relieve the permittee from 
complying with state regulations applicable to sewage sludge reuse and 
disposal.
    H. Sewage sludge shall be tested once during the life of the permit 
within one year from the effective date of the permit in accordance 
with the method specified at 40 CFR part 268, appendix I (Toxicity 
Characteristic Leaching Procedure (TCLP)) or other approved methods on 
those publicly owned treatment works (POTWs) (defined as a treatment 
works treating domestic sewage that is owned by a municipality or 
State) with a design flow rate equal to or greater than one mgd, and 
POTWs that serve 10,000 people or more, or any POTW required to have an 
approved pretreatment program under 40 CFR 403.8(a) for each final 
sewage sludge reuse or disposal practice. Sludge shall be tested after 
final treatment prior to leaving the POTW site. Sewage sludge 
determined to be a hazardous waste in accordance with 40 CFR part 261, 
shall be handled according to RCRA standards for the disposal of 
hazardous waste in accordance with 40 CFR part 262. The disposal of 
sewage sludge determined to be a hazardous waste, in other than a 
certified hazardous waste disposal facility shall be prohibited. The 
Information Management Section, telephone no. (214) 665-6750, and the 
appropriate state agency shall be notified of test failure within 24 
hours. A written report shall be provided to this office within 7 days 
after failing the TCLP. The report will contain test results, 
certification that unauthorized disposal has not occurred and a summary 
of alternative disposal plans that comply with RCRA standards for the 
disposal of hazardous waste. The report shall be addressed to: 
Director, Multimedia Planning and Permitting Division, EPA Region 6, 
Mail Code 6PD, 1445 Ross Avenue, Dallas, Texas 75202. A copy of this 
report shall be sent to the Chief, Water Enforcement Branch, Compliance 
Assurance and Enforcement Division, Mail Code 6EN-W, at the same street 
address.
    I. Sewage sludge shall be tested as needed, or at a minimum, once/
year in accordance with the method 9095 (Paint Filter Liquids Test) as 
described in ``Test Methods for Evaluating Solid Wastes, Physical/
Chemical Methods'' (EPA Pub. No. SW-846).
    J. Recordkeeping requirements--For those publicly owned treatment 
works (POTWs) (defined as a treatment works treating domestic sewage 
that is owned by a municipality or State) with a design flow rate equal 
to or greater than one mgd, 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) for each final sewage sludge reuse or disposal 
practice. The permittee shall develop the following information and 
shall retain the information for five years.
    1. The description, including procedures followed, and results of 
the Paint Filter Tests performed; and
    2. The description, including procedures followed, and results of 
the TCLP Test.
    K. Recordkeeping Requirements--For all other TWTDS not meeting the 
above criteria, the permittee shall keep records on the following:
    1. The description and results of the tests performed, required by 
the owner/operator of the MSWLF to demonstrate compliance with the 40 
CFR part 258 regulations; and
    2. A certification that sewage sludge meets the requirements in 40 
CFR part 258 concerning the quality of the sludge disposed in a 
municipal solid waste landfill unit.
    L. Reporting requirements--Reporting procedures are required to be 
conducted by only those publicly owned treatment works (POTWs) (defined 
as a treatment works treating domestic sewage that is owned by a 
municipality or State) with a design flow rate equal to or greater than 
one mgd, and POTWs that serve 10,000 people or more, or any POTW 
required to have an approved pretreatment program under 40 CFR 403.8(a) 
for each final sewage sludge reuse or disposal practice. All remaining 
TWTDS, other than those defined above, are not required to report. If 
applicable, the permittee shall report annually on the DMR the 
following information:
    1. Results of the Toxicity Characteristic Leaching Procedure Test 
conducted on the sludge to be disposed, if applicable (Pass/Fail);
    2. Annual sludge production in dry metric tons/year;
    3. Amount of sludge disposed in a municipal solid waste landfill in 
dry metric tons/year;
    4. Amount of sludge transported interstate in dry metric tons/year; 
and
    5. A certification that sewage sludge meets the requirements in 40 
CFR part 258 concerning the quality of the sludge disposed in a MSWLF 
unit shall be attached to the DMR.

Addendum A--Endangered Species Guidance

I. Instructions

    A list of species that may be affected by the activities covered 
by the sewage sludge general permit should be obtained from the 
nearest State Wildlife Agency, United States Fish and Wildlife 
Service (USFWS), and the National Marine Fishery Service (NMFS). In 
order to get coverage, applicants must:
     Indicate in box provided on the notification letter 
whether any species listed are in proximity to the facility, and
     Certify that sewage sludge generation, treatment, land 
application, surface disposal, and disposal of sludge in a municipal 
solid

[[Page 44984]]

waste landfill, are not likely, and will not be likely to adversely 
affect species.
    To do this, please follow steps 1 through 4 below.

Step 1: Review the Parish Species List To Determine if Any Species 
Are Located in the Discharging Facility Parish

    If no species are listed in a facility's parish or if a 
facility's parish is not found on the list, an applicant is eligible 
for coverage and may indicate in the notification to EPA that no 
species are found in proximity and provide the necessary 
certification. If species are located in the parish, follow step 2 
below. Where a facility is located in more than one parish boundary 
or located in more than one parish, the lists for all relevant 
parishes shall be reviewed.

Step 2: Determine if Any Species May Be Found ``in Proximity'' to 
the Facility and if the Species Could Be Adversely Affected by the 
TWTDS Operation

    A species is in proximity to a facility's sewage sludge 
operation when the species is:
     Located in the immediate area through which or over 
which sewage sludge is generated, treated, land applied, surface 
disposed or disposed in a municipal solid waste landfill.
    The area in proximity to be searched/surveyed for listed species 
will vary with the size of the TWTDS and the quality and quantity of 
the sewage sludge. Applicants should use the method or methods which 
best allow them to determine to the best of their knowledge whether 
species are in proximity to their particular facility. These methods 
may include:
     Conducting visual inspections: This method may be 
particularly suitable for TWTDS that are smaller in size (including 
land application, surface disposal, and municipal solid waste 
landfill sites), and TWTDS located in non-natural settings such as 
highly urbanized areas or industrial parks where there is little or 
no nature habitat. For other facilities, a visual survey of the site 
may be insufficient to determine whether species are likely to be 
located in proximity to the discharge.
     Contacting local/regional conservation groups. These 
groups inventory species and their locations and maintain lists of 
sightings and habitats.
     Conducting a formal biological survey. TWTDS (including 
land application, surface disposal, and municipal solid waste 
landfill sites) with extensive land use may choose to conduct 
biological surveys as the most effective way to assess whether 
species are located in proximity and whether there are likely 
adverse effects.
     Contacting the nearest State Wildlife Agency or U.S. 
Fish and Wildlife Service (USFWS) or National Marine Fisheries 
Service (NMFS) offices. Many endangered and threatened species are 
found in well-defined areas or habitats. That information is 
frequently known to state or federal wildlife agencies. FWS has 
offices in every state. NMFS has regional offices in: Gloucester, 
Massachusetts; St. Petersburg, Florida; Long Beach, California; 
Portland, Oregon; and Juneau, Alaska.
    The USFWS and NMFS will respond with a determination of likely 
or not likely to adversely affect. If no species are in proximity, 
an applicant is eligible for coverage under this general permit and 
may indicate that in the notification and provide the necessary 
certification. Potential adverse effects from sewage sludge include:
     Hydrological. Sewage sludge may cause contamination of 
surface and ground water through improper disposal and reuse 
activities. These effects will vary with the amount and quality of 
the sewage sludge reused and/or disposed and the location of the 
surface and ground water, and the volume and condition of the 
receiving water.
     Habitat. Sewage sludge may cover listed species 
habitat.
     Toxicity. In some cases, pollutants in sewage sludge 
may have toxic effects on listed species.
    The scope of effects to consider will vary with each site. If a 
proposed project is not likely to adversely affect a listed species, 
then the applicant has met the permit requirements. If the proposed 
action is likely to adversely affect a listed species, the applicant 
will already be in contact with the USFWS or NMFS for guidance on 
how to proceed to the next step, whether it be conducting surveys or 
determining what measures could be taken to avoid the adverse 
effect.
    Using earlier ESA authorizations for general permit eligibility: 
In some cases, a facility may be eligible for coverage because 
actual or potential adverse effects were addressed or discounted 
through an earlier ESA authorization. Examples of such authorization 
include:
     An earlier ESA section 7 consultation for that 
facility.
     A ESA section 10(a) permit issued for the facility.
     An area-wide Habitat Conservation Plan applicable to 
that facility.
     A clearance letter from the Services (which discounts 
the possibility of adverse impact from the facility).
    In order for applicants to use an earlier ESA authorization to 
meet eligibility requirements: (1) the authorization must adequately 
address impacts from final reuse or disposal activities on 
endangered and threatened species, (2) it must be current because 
there have been no subsequent changes in facility operations or 
circumstances which might impact species in ways not considered in 
the earlier authorization, and (3) the applicant must comply with 
any requirements from those authorizations to avoid or mitigate 
adverse effects to species. Applicants who wish to pursue this 
approach should carefully review documentation for those 
authorizations to ensure that the above conditions are met.
    If adverse effects are not likely, an applicant is eligible for 
general permit coverage and may indicate in the notification to the 
EPA that species are found in proximity and provide the necessary 
certification. If adverse effects are likely, follow step 3 below.

Step 3: Determine if Measures Can Be Implemented To Avoid Any 
Adverse Effects

    If an applicant determines that adverse effects are likely, it 
can receive coverage if appropriate measures are undertaken to avoid 
or eliminate any actual or potential adverse effects prior to 
applying for permit coverage.
    At this stage, applicants have contacted the USFWS and/NMFS to 
see what appropriate measures are suitable to avoid or eliminate 
adverse impacts to species.
    If applicants adopt these measures, they must continue to abide 
by them during the course of permit coverage.
    If appropriate measures are not available, the applicant is not 
eligible at that time for coverage under the general permit. 
Applicants should contact the appropriate EPA regional office about 
either:
     Entering into Section 7 consultation in order to obtain 
general permit coverage, or
     Obtaining an individual sewage sludge only permit.

Addendum B--National Historic Preservation Act Compliance Guidance

    The permittee shall submit the following information:
    (a) A letter succinctly describing the proposed action.
    (b) A 7.5' topographic map showing the projected location.
    The information shall be forwarded to: Ms. Gerri Hobdy, State 
Historic Preservation Officer, Louisiana Department of Culture, 
Recreation, and Tourism, Office of Cultural Development, P.O. Box 
44247, Baton Rouge, LA 70804-4247.
    The permittee should be aware there is a 30-day review period 
from the receipt of the project information in the State Historic 
Preservation Office.

    Dated: August 11, 1998.
William B. Hathaway,
Director, Water Quality Protection Division (6WQ), Region 6.
[FR Doc. 98-22427 Filed 8-20-98; 8:45 am]
BILLING CODE 6560-50-P