[Federal Register Volume 63, Number 163 (Monday, August 24, 1998)]
[Rules and Regulations]
[Pages 45114-45127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22193]
[[Page 45113]]
_______________________________________________________________________
Part III
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 123 and 501
State Sewage Sludge Management Regulations Streamlining; Final Rule
Federal Register / Vol. 63, No. 163 / Monday, August 24, 1998 / Rules
and Regulations
[[Page 45114]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 123 and 501
[FRL-6145-8]
RIN 2040-AC87
Streamlining the State Sewage Sludge Management Regulations
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is today amending
its regulations that establish the conditions for States seeking EPA
approval to operate sewage sludge permit programs pursuant to the Clean
Water Act (CWA). Existing requirements were modeled on the National
Pollutant Discharge Elimination System (NPDES) requirements for EPA
authorization of State wastewater effluent discharge programs. Many
States, however, manage sewage sludge through State solid waste
programs that are often structured quite differently from the NPDES
programs. As a result, existing State sewage sludge programs would
require significant changes for EPA approval under the current
requirements. EPA is eager for States with well-run sewage sludge
management programs to obtain approval to operate their own permit
programs under the CWA without having to make unnecessary
administrative and programmatic changes unrelated to protection of
public health and the environment. Consequently, today's changes
streamline the current regulations to ease the authorization process
for States. These changes will provide flexibility to States in
implementing their permit programs, and, at the same time, ensure that
permitting determinations are based on environmental and public health
considerations.
EFFECTIVE DATE: The final rule is effective on September 23, 1998.
Section 501.15(d)(1)(i)(B) is stayed until the future publication of 40
CFR 122.21(q). EPA will publish a document announcing the effective
date of Sec. 501.15(d)(1)(i)(B).
FOR FURTHER INFORMATION CONTACT: Wendy Bell, (202) 260-9534, Permits
Division (4203), U.S. EPA, 401 M Street S.W., Washington, D.C., 20460.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are governmental
entities responsible for implementation of the State Sewage Sludge
Management Program. Regulated entities include:
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Category Examples of regulated entities
------------------------------------------------------------------------
State and Tribal government............ States and Tribes that request
authorization of their sewage
sludge management program.
Federal government..................... EPA Regional offices that
approve State sewage sludge
management programs.
------------------------------------------------------------------------
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 organization is regulated by this action, you should carefully
examine the applicability criteria in parts 123 and 501 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.
Information in the preamble is organized as follows:
I. Background
A. Water Quality Act of 1987
B. EPA's Sewage Sludge Management Program
II. Description of Today's Final Rule and Response to Comments
A. General
B. Part 123
C. Part 501
III. Regulatory Requirements
A. Executive Order 12866
B. Executive Order 12875
C. Paperwork Reduction Act
D. Regulatory Flexibility Act
E. Unfunded Mandates
F. Submission to Congress and the General Accounting Office
G. National Technology Transfer and Advancement Act
H. Executive Order 13045
I. Background
Implementation of the CWA has increased the extent to which
wastewater is treated before being discharged to surface waters. At
publicly owned treatment works (POTWs), implementation of secondary and
advanced treatment requirements under the NPDES Program has improved
effluent quality while increasing the amount of sewage sludge being
generated. EPA estimates that 7 million dry metric tons of sewage
sludge is generated by about 19,500 domestic wastewater facilities.
Proper management of this growing amount of sewage sludge is becoming
increasingly important as efforts to remove pollutants from wastewater
become more effective.
Several options exist for dealing with these vast quantities of
sewage sludge. One such option is beneficial use. EPA considers sewage
sludge a valuable resource since it contains nutrients and has physical
properties that make it useful as a fertilizer and soil conditioner.
Sewage sludge has been used for its beneficial qualities on
agricultural lands, in forests, for landscaping projects, and to
reclaim strip-mined land. EPA will continue to encourage such
practices.
Regulation of the use or disposal of sewage sludge is important
because improper use or disposal can adversely affect surface water,
ground water, wetlands, and public health through a variety of exposure
pathways. The multi-media nature of the risks and exposure pathways
requires a comprehensive approach to protect public health and the
environment in order to promote the beneficial use of sewage sludge and
ensure that solving problems in one medium will not create problems for
another.
EPA notes that the term ``biosolids'' is now being used by
professional organizations and other stakeholders in place of ``sewage
sludge'' to emphasize that it is a resource that can be recycled
beneficially. EPA plans to work with these stakeholders to establish a
definition for ``biosolids'' that is consistent with the definition of
``sewage sludge'' in the CWA. In the meantime, EPA encourages the use
of the term ``biosolids'' in order to promote public acceptance of
beneficial uses for these residuals of wastewater treatment.
A. Water Quality Act of 1987
Section 406 of the Water Quality Act of 1987, which amended section
405 of the CWA, established a comprehensive program for reducing the
risks to public health and the environment from the use or disposal of
sewage sludge. This program included a requirement for EPA promulgation
of sewage sludge standards. Furthermore, the 1987
[[Page 45115]]
amendments required that all NPDES permits issued to POTWs and other
treatment works treating domestic sewage (TWTDS) contain conditions
implementing sewage sludge standards, unless such conditions are
included in other permits. The other permits may either be other
federal permits or State permits issued under approved State programs.
The amendments also provided that the Administrator may issue separate
sewage sludge permits to TWTDS that are not subject to section 402 of
the CWA or to any of the other listed permit programs. However, the
amendments provided that the standards for use or disposal are
enforceable directly against any user or disposer of sewage sludge
under section 405(e) of the CWA. In other words, a TWTDS and any other
user or disposer must comply with the standards by the statutory
compliance deadlines whether or not a permit incorporating the
standards has been issued to the TWTDS.
B. EPA's Sewage Sludge Management Program
In 1989, EPA published regulations that establish the requirements
and procedures a State must follow to obtain approval to operate a
State sewage sludge management program under section 405(f)(1) of the
CWA. These regulations established the requirements for States that
chose to implement their sewage sludge programs through existing State
NPDES programs (40 CFR part 123) as well as requirements for States
that chose non-NPDES sewage sludge programs (40 CFR part 501) as the
vehicle for managing sewage sludge in their States. These regulations
also revised the NPDES permit requirements and procedures (parts 122
and 124) to incorporate sewage sludge permitting requirements. See 54
FR 18716 (May 2, 1989). On February 19, 1993 (58 FR 9404) these
regulations were modified to allow for phased permit application
submittal procedures. The basic requirements and procedures for States
which seek EPA approval to administer a sewage sludge management
program are the same under part 123 and part 501. EPA published the
requirements in both places based on the belief that States that choose
to add sewage sludge to their NPDES programs would find it easier if
the requirements and approval procedures for the sewage sludge program
were included along with the other NPDES requirements in part 123.
State assumption of the sewage sludge program is optional and until
State sewage sludge programs are authorized, EPA will administer the
program. Two States (Utah and Oklahoma) have been authorized at this
time. EPA is working with a number of other States seeking
authorization for the Federal sewage sludge permit and management
program.
In discussions with these States, EPA found that the sewage sludge
management program regulations were often a barrier to authorization.
Given the wide and successful regulation of sewage sludge use or
disposal by a number of States, EPA undertook a review of its
regulations looking at ways to simplify the approval process.
In order to provide greater flexibility to the States, EPA is
modifying its sewage sludge management program regulations to
accommodate more administrative and programmatic variations in State
programs. EPA stresses that its willingness to allow greater variation
in the State permit programs does not mean that the Agency will retreat
from its responsibility to ensure public participation and protection
of public health and the environment. EPA will not approve State
programs that do not provide adequate protection.
II. Description of Today's Final Rule and Response to Comments
A. General
EPA started the process that led to today's rule by reviewing
information provided by States with active State sewage sludge
programs. EPA then solicited input on two successive draft proposals
from various stakeholders, including States, associations and
environmental groups. The March 11, 1997 proposal was an outgrowth of
that process and today's final rule continues to incorporate many of
the suggestions made by commenters received on both preproposal drafts.
EPA today finalizes changes to parts 123 and 501 that will provide more
flexibility to States and ease the process of authorization. Under the
previous regulations, States that chose to implement sewage sludge
requirements through their NPDES programs had to meet the requirements
and follow the procedures in part 123. States that wanted to obtain
approval for existing non-NPDES programs had to comply with the
procedures and requirements in part 501. These requirements for
authorization under an NPDES or other type of program were very
similar.
As part of an overall effort to eliminate unnecessary regulations,
EPA is deleting the provisions of part 123 that contain State program
requirements applying solely to sewage sludge. These provisions simply
repeat the requirements in part 501, and EPA does not believe both sets
of regulations are necessary. Under today's rule, States seeking
approval to operate State sewage sludge management programs under
section 405(f)(1) must meet the requirements and procedures in part 501
when submitting sewage sludge management programs. A State is free to
operate an approvable sewage sludge management program as part of its
existing State NPDES regulatory program or as part of its State solid
waste management program or as part of another program. The
requirements and procedures for approval are the same. Today's rule is
not intended to preclude States from amending their existing, approved
NPDES programs to include sewage sludge. In fact, EPA believes that
many States will choose this route when they seek approval of their
sewage sludge programs. States that intend to rely on their existing
NPDES programs for regulation of sewage sludge may need to modify their
programs to comply with part 501.
All sewage sludge programs approved under part 501 must provide for
citizen suits and public participation in State enforcement
proceedings, whether a State program is managed through an NPDES
program or not. Section 501.17(d) contains the same requirements for
public participation in State enforcement proceedings as
Sec. 123.27(d). Further, it should be noted that, under section 505 of
the CWA, citizen suits are authorized for any violation of the
regulations containing the standards for the use or disposal of sewage
sludge (40 CFR part 503).
Because part 501 was modeled on the NPDES program, States that
manage their sewage sludge through solid waste or other programs may
heretofore have had difficulties in meeting some of its procedural
requirements because these programs have different requirements.
Today's rule modifies some of the requirements in part 501 to make it
easier for States with well-run sewage sludge programs to obtain
approval for their programs.
B. Part 123
Part 123 establishes the program requirements and approval
procedures for States that seek EPA approval to administer NPDES permit
programs pursuant to section 402 of the CWA. Today's rule modifies part
123 by deleting certain specific references to sewage sludge
requirements in order to make it clear that all State sewage sludge
programs (both NPDES and non-NPDES) are subject to the requirements in
part 501. The deleted references occur in Secs. 123.1, 123.2, 123.22,
123.24 through 123.26, and 123.45. The rule
[[Page 45116]]
also amends Secs. 123.42, 123.44, and 123.62 through 123.64 to clarify
the cross-references in the part 123 sections that apply to sewage
sludge and NPDES State programs. EPA received only supporting comments
on this part, and it is unchanged from the proposal.
C. Part 501
1. Purpose and Scope
Section 501.1 describes the general requirements for EPA approval
of a State sewage sludge program. Today's rule modifies Sec. 501.1(b)
to explain that part 501 specifies the requirements and procedures for
approval of all State sludge management programs, including those
programs that are operated under the aegis of a State's NPDES program
as well as those operated under other non-NPDES programs.
Section 501.1(d)(1) and the rest of paragraph (d) have been
renumbered because the existing text does not have a Sec. 501.1(d)(2).
Today's rule deletes the requirement in Sec. 501.1(d)(1) that a State
sludge management program have the authority to address sewage sludge
transport and storage. This requirement is deleted because there are no
Federal standards that regulate the storage of sewage sludge for less
than two years or sewage sludge transport. Where sewage sludge remains
on the land for longer than two years, it is deemed to be surface
disposal rather than storage under 40 CFR 503.20(b) and is regulated
under part 503. EPA is working with the Department of Agriculture to
develop a guidance document that provides information on appropriate
sewage sludge storage methods.
The current language in this section includes a requirement that a
State sewage sludge program must include the authority to regulate
Federal facilities. This requirement is not being changed in today's
rule. A State does not have to have the authority to regulate Federal
facilities under its approved NPDES program in order for its sewage
sludge program to be approved. If a State does not have NPDES Federal
facility authority, the State must have authority to regulate sewage
sludge from the State's Federal facilities under a non-NPDES program.
The language in this section clarifies that a State must have the
authority to regulate only those sewage sludge management activities
covered by part 503. A State does not need the authority to regulate a
practice not covered by part 503, such as making bricks out of sewage
sludge.
Section 501.1(d)(1)(ii) contains a list of the covered sewage
sludge use or disposal practices. For consistency with the terminology
used in part 503, today's rule deletes the phrase ``distribution and
marketing'' since this sewage sludge use is regulated as ``land
application,'' and clarifies that ``landfilling'' takes place at
``municipal solid waste landfills.''
Section 501.1(d)(1) contained a reference to a nonexistent
section--40 CFR 123.30. Today's rule replaces this with a reference to
a new paragraph (m) that is added to this section. Section 501.1(m)
specifies the requirements for a partial sewage sludge program.
CWA section 405(f) authorizes the Administrator to approve State
programs so long as the programs will assure compliance with section
405 requirements. Pursuant to this authority, EPA is providing for
approval of partial sewage sludge management programs under part 501.
Section 501.1(m) allows a State to submit a partial sewage sludge
management program covering one or more of the sludge use and disposal
practices falling under the jurisdiction of the administering State
agency or department. The State agency seeking program approval is
required to assume a complete management program with respect to the
covered practice(s). Some States regulate septage use and disposal
under different management programs than sewage sludge. In the case of
those States, EPA will approve a partial program for land application,
for example, that regulates only sewage sludge and excludes septage
from its regulatory scope.
Section 405(f)(1) of the Clean Water Act (CWA) requires that any
NPDES permit issued to a publicly owned treatment works or other
treatment works treating domestic sewage must include conditions to
implement the sewage sludge regulations issued under section 405(d)
unless these conditions have been included through certain other
specified permits, including permits under a State permit program if
EPA determines ``such programs assure compliance with any applicable
requirements'' of section 405. The provisions of Sec. 501.1(c)(2)
require that any complete sludge management program submitted for
approval must include such authority. EPA is implementing its approval
of partial programs in the same manner. An approvable partial program
must include the authority to permit both POTWs and other TWTDS
associated with the identifiable use and disposal option for which the
State seeks authorization.
With respect to the practice(s) covered by the partial program, the
State agency is required to meet the requirements of CWA section 405,
and has to be able to implement the applicable requirements of 40 CFR
part 503. The State must be able to clearly identify who falls within
the State program, and there must be no area in which authority over a
particular group is unclear.
The rule also clarifies requirements for the partial program with
respect to the Attorney General's Statement, the Program Description,
and the Memorandum of Agreement (MOA) between EPA and the State.
In addition to the information required for the Program Description
under Sec. 501.12, the State submission must explain how the program
will operate, including the relationship between the partial program
and the unassumed part which will remain under EPA control. In addition
to the information required for the MOA under Sec. 501.14, the State
submission must delineate responsibilities of both the State and EPA in
administering the partial program.
EPA received several favorable comments on the partial program
requirements and two comments that asked for clarification on approval
of partial programs that exclude septage. One commenter stated that the
proposed partial program language only referred to TWTDS and a
``permitting program.'' This was never EPA's intent and the term
``permitting program'' has been changed to ``management program'' in
the final rule. Any sewage sludge management program, partial or
complete, must include requirements for monitoring compliance and
provisions for enforcement of the Part 503 standards for all users and
disposers of sewage sludge that are part of the sludge management
program.
A commenter asked whether a State must have a regulatory program
for septage somewhere other than in its sewage sludge program in order
to secure partial program authorization for land application of sewage
sludge excluding septage. EPA is willing to approve such a partial
program irrespective of whether septage is regulated by another program
or not regulated at all. In this situation, compliance with the Federal
septage requirements in part 503 would continue to be enforced by EPA.
2. Definitions
Today's rule adds a definition of ``TWTDS,'' the acronym for
``treatment works treating domestic sewage.'' The acronym replaces the
phrase throughout the regulation.
[[Page 45117]]
3. Elements of a Sludge Management Program Submission
Section 501.11 lists the required elements of any sewage sludge
management program that a State submits for approval. EPA received one
comment objecting to these requirements. EPA did not propose to change
this language nor did the Agency solicit comment on it, so EPA is not
responding to the objections.
4. Program Description
In order to ensure that a State program can be properly run,
Sec. 501.12 requires a description of various program elements. Today's
rule amends the current regulation to reduce the level of detail
required by Secs. 501.12(b), (d), and (f) for the State program
description. As modified, the regulation requires only the minimal
information that EPA believes is necessary in a program description.
Heretofore, the language in Secs. 501.12(b) (2) and (3) called for
information on State program costs and funding sources for a program's
first two years. The purpose of this requirement was to demonstrate
that a State had the resources to properly carry out a new sewage
sludge management program. In fact, many States have had programs
established for many years. Consequently, for States that have at least
2 years of active experience implementing a sewage sludge regulatory
program, cost and funding information is not necessary since they have
already shown that they have the necessary resources to run effective
programs. EPA has therefore amended the rule to require this
information on program costs and funding sources only for State
programs that have been in existence for less than two years.
EPA received several comments supporting the changes in this
section. EPA also received one comment that stated that all the
proposed information requirements are unnecessary for an existing
program because EPA already has a working knowledge of existing State
programs.
EPA disagrees with this commenter's belief that EPA always has a
working knowledge of existing State programs. The rule promulgated
today reduces the requirements for submission of information for
existing programs. EPA, however, has concluded that the remaining
program description requirements are the minimum necessary to ensure
that EPA has a complete understanding of a State program.
Section 501.12(d) now requires submittal of forms that the State
intends to use in its program. EPA wants to ensure that the State
obtains the information necessary to implement an effective program but
does not intend to require use of specific forms. Therefore, EPA has
amended this section to provide for either submittal of applicable
forms or the procedures used for obtaining information.
Section 501.12(f)(1) requires a State seeking to administer a
sludge management program to provide an inventory of all TWTDS subject
to part 503 and subject to the State's program. EPA believes that, in
implementing an effective program, States will need an inventory of all
TWTDS but should not be required to develop an inventory of land
application sites in order to obtain approval for their programs. If a
State is submitting a partial program, the inventory need only list the
TWTDS that would be regulated under the State's program. The language
in Sec. 501.12(f) has been modified accordingly.
EPA received two comments about the required inventory. The first
comment stated that a State should not be required, as the current rule
provides, to submit other Federal and State permit numbers as part of
the TWTDS inventory.
The submittal of existing permit numbers allows EPA to determine
how many TWTDS are already permitted under different Federal or State
programs. EPA agrees that permit numbers for permits unrelated to a
sewage sludge program should not be required. EPA is changing the
language in Sec. 501.12(f)(1)(iv) to clarify that the only permit
numbers required as part of the inventory are those that contain sewage
sludge requirements.
EPA also received a comment that only land application programs
should be included in the inventory. The commenter believes that
including other TWTDS would be redundant because they are already
permitted under other programs.
The inventory requirement is for all TWTDS that are subject to part
503 and the State's program, which includes facilities that use land
application, surface disposal, incineration, or disposal in a municipal
solid waste landfill, unless the State is submitting a partial program.
The fact that a facility is permitted under another program does not
necessarily mean that the permit includes all the part 503
requirements.
5. Memorandum of Agreement With the Regional Administrator
The changes to Sec. 501.14(a) adopted today clarify that it is the
Regional Administrator who must approve the memorandum of agreement
(MOA) before the MOA is effective.
EPA has modified Sec. 501.14(b)(1)(i) to clarify that EPA will only
transfer permit-related information to a State with respect to the
portion of the State program for which the State has obtained approval.
For example, if a State is seeking a partial program for land
application, EPA will not transfer information on pending incinerator
permit applications or compliance information for incinerators to the
State.
EPA has also amended Sec. 501.14(b) to modify some of the current
waiver prohibitions. The current regulations prohibit waiver of EPA
review of permits issued to ``Class 1 sludge management facilities.''
EPA has removed this provision because EPA believes that the need for
review of such permits should be decided by the affected State and EPA
Regional office based on circumstances in the affected State. EPA has
concluded, in any event, that the Regional Administrator should retain
the authority to terminate a waiver after providing a written
explanation of the reason for the termination to the Director of the
State program.
Section 501.14(c) currently requires that the MOA provide for
prompt transmission of all permit-related documents to EPA. Today's
amendment modifies this provision to require that the MOA describe the
circumstances in which these documents must be sent to EPA. In some
cases, EPA may not want to see any permit-related documents unless the
Region makes a specific request. In other cases, the Region may want
the MOA to list conditions that would require automatic submittal of
documents to EPA. This change will eliminate the transmission of
documents that EPA does not intend to review but will not reduce EPA's
ability to obtain any permit-related documents. The current regulation
now provides in Sec. 501.19 that State sewage sludge management
programs must comply with Sec. 123.41. This provision requires a State
to make available to EPA ``any information obtained or used in the
administration of a State program.''
One commenter objected to any requirements for States to submit
permit documents to EPA and for joint EPA/State inspections. The
requirements of Sec. 501.14 list what must be discussed in the MOA. If
a Region believes that a State has been operating a very good sewage
sludge management program, it may decide that little oversight is
necessary. In other situations, such as when a State has newly
developed a program, a Region may feel that
[[Page 45118]]
extensive oversight is required. The Region also needs the ability to
change the amount of information it requires for oversight based on a
State's performance in operating its program. The proposed changes to
this section provide EPA and the States flexibility in deciding what
degree of oversight is necessary. The final language is essentially
unchanged from the proposal except for the insertion of some clarifying
language.
Currently, Sec. 501.14 provides that the Regional Administrator
would normally notify the State at least 7 days before an EPA facility
inspection. Today's rule adopts the proposal to delete that language
and allow the Region and State to decide whether such a time period
should be included in the MOA.
6. Requirements for Permitting
The provisions of Sec. 501.15 describe the procedural requirements
that a State must follow in issuing permits in order to obtain EPA
authorization to operate a section 405(f) sewage sludge management
program. Many States operate well-managed sewage sludge programs that
are organized differently from the NPDES model. EPA believes that the
specific permitting procedures currently prescribed in Sec. 501.15 are
not always necessary to ensure compliance with the part 503 regulations
and may have provided unnecessary obstacles to authorization of State
sludge management programs. EPA considered removing the majority of
these requirements from Sec. 501.15. However, a number of States have
laws that prohibit the State's adoption of more stringent requirements
than EPA. EPA was concerned that removal of these permitting procedural
requirements--a move aimed at simplifying the approval process--could,
because of these State law provisions, have the perverse result of
requiring a State to modify its existing program in order to obtain EPA
approval for the program. In this case, deletion of the permitting
requirements could effectively make the authorization process more
difficult for some States while easing it for others.
The two comments that EPA received on this issue asserted that
commenters' States could be more stringent than EPA although they would
have to defend their reasons for differing from the Federal rules. EPA
received one comment that recommended the deletion of all (or almost
all) the specific permitting requirements in Sec. 501.15. The majority
of commenters supported the proposed language retaining most of the
requirements but providing flexibility by allowing adoption of
comparable provisions in State laws.
EPA is adopting the provision as proposed. Today's rule retains
most of the current permitting requirements that are conditions for
approval but allows States to follow their existing practices in many
instances. In some cases, the Regional Administrator must decide
whether the State's minimum permit conditions or issuance requirements
establish conditions and permit issuance procedures comparable to those
required by this provision. EPA recognizes that this may result in
differences between State programs but believes that such differences
are not a significant concern and that the added flexibility far
outweighs any potential problems.
EPA received four comments on a mechanism to address differences in
interpretation of program approval conditions between EPA Regions. The
commenters all suggested that EPA should provide a method to resolve
disputes between Regions and States through an internal policy or a
provision in the rule for an ``appeal'' process to headquarters.
Differences in approach between Regions are always a possibility due to
EPA's decentralization. EPA has delegated the authority for approval of
State sewage sludge programs to its Regions because of their intimate
knowledge of these State programs and close working relationship with
State officials. EPA headquarters will always attempt to resolve any
differences that are brought to its attention, and thus does not
believe a rule provision or policy is needed.
Among its actions today, EPA is renumbering Sec. 501.15(a)(2) as
Sec. 501.15(a)(4). This provision requires that an approvable State
sewage sludge program must contain certain specific information
requirements in permit applications. The retention and renumbering of
this provision is necessary because the provision that will replace it,
Sec. 501.15(d)(1)(i)(B), will not be effective until 40 CFR 122.21 is
amended to add a new subsection (q). Although today's rule includes
Sec. 501.15(d)(1)(i)(B), which requires the information called for in
40 CFR 122.21(q), EPA is postponing the effective date of
Sec. 501.15(d)(1)(i)(B) until Sec. 122.21(q) goes into effect. EPA
proposed revisions to part 122 on December 6, 1995 (60 FR 62546) and
expects to promulgate the final Sec. 122.21(q) requirements within
several months of publication of today's rule.
EPA does not believe retaining the existing information
requirements until all of the new permit application requirements are
in place will delay States that are considering applying for
authorization. The application requirements are just one small part of
a State program. EPA believes that any State preparing an application
under the current application requirements of Sec. 501.15(a)(2), now
Sec. 501.15(a)(4), will also meet the requirements of Sec. 122.21(q).
As proposed, Sec. 122.21(q) would reduce the burden on permittees
by allowing State directors to waive information requirements if they
have access to substantially identical information, and by modifying
the land application plan requirements to require advance public notice
in the manner prescribed by State and local law.
Several commenters repeated the comments that they submitted on
proposed Sec. 122.21(q) and mentioned that it was hard to separate the
two rules. EPA realizes that the two rulemaking procedures are
intricately connected and plans to finalize both rules as close
together as possible. EPA has not responded to the comments received on
proposed Sec. 122.21(q) in the docket for today's rule, but will
respond to those comments as part of its other rulemaking action.
Today's rule also removes current Secs. 501.15(a) (3) and (4). The
requirements of these provisions are repeated in Sec. 501.15(b). The
CWA limits the terms of NPDES permits to no more than five years. In
addition, EPA is today also modifying current Sec. 501.15(a)(5) to
allow a State to issue non-NPDES sewage sludge permits for terms of no
more than 10 years. EPA believes this is a good compromise between
those who want to limit all sewage sludge permits to 5 years to insure
that the permitting authority is aware of changed circumstances and
those who believe permits do not need to expire, but should simply be
modified if circumstances change.
EPA received several comments supporting ten year permits. One
commenter stated that their State issues permits that do not
automatically expire. This type of system allows a problem situation to
continue unabated unless it is brought to the attention of the
permitting authority. EPA believes that requiring a permit to be
reexamined every ten years is not overly burdensome and forces the
permitting authority to examine the situation to make sure that the
permittee is still meeting the permit conditions.
EPA is also modifying current Sec. 501.15(a)(6)(ii) to clarify that
a permit's schedule of compliance should only require interim dates if
appropriate.
EPA is modifying Sec. 501.15(b) to require that all permits issued
by the
[[Page 45119]]
State include certain listed permit conditions unless comparable
conditions are provided for in the MOA. This provides flexibility to
both the Region and the State. This change is not intended to imply
that permittees can choose which conditions to put into permits, but
rather recognizes that States have different types of permitting
systems. Some of the permit conditions in Sec. 501.15(b) are
established by States as regulatory requirements for all TWTDS. Other
conditions are required by 40 CFR part 503. Since all users or
disposers of sewage sludge must comply with part 503 whether or not
they have a permit, requirements contained in part 503 do not have to
be spelled out in a permit in order to require compliance.
This section also contains several other specific changes. The
language that requires a minimum of once per year monitoring is deleted
from Sec. 501.15(b)(10). This change is necessary for consistency with
the proposed modifications to part 503 (60 FR 54771) that allow less
than once per year monitoring. EPA will decide the final monitoring
requirement when it promulgates the modifications to part 503.
EPA has also deleted the last sentence in current
Sec. 501.15(b)(13) because this permit condition has already been
required in Sec. 501.15(b)(2). EPA is also modifying Sec. 501.15(b)(14)
to clarify that a permittee that has applied for reissuance of a permit
does not need to cease operations if the new permit is not issued
before the term of an existing permit expires. This provision is
consistent with section 558(b) of the Administrative Procedures Act
that provides for the continuing effectiveness of permits and licenses
when the permittee has filed a timely and sufficient application for
renewal.
Today's rule modifies Sec. 501.15(d) to require the listed permit
procedures unless comparable State requirements are in place. As
previously explained, this provision provides flexibility for
accommodating varying State requirements that protect public health and
the environment and provide public accountability.
EPA is changing Sec. 501.15(d)(1)(i) to clarify which TWTDS must
apply for a permit. The amended regulations provide that permit
applications are only required from TWTDS whose use or disposal method
is regulated under part 503. For example, a POTW that makes bricks out
of all of its sewage sludge is not required to apply for a permit. In
addition, an industrial facility is not required to apply at this time
because such facilities are not currently covered by part 503. See 54
FR 18727 and 58 FR 9406.
In addition, permit applications are to be submitted to the State
only for a use or disposal practice for which the State has obtained
approval to operate a section 405(f) sewage sludge management program.
Thus, if a State implements a partial program, permit applications for
use or disposal practices not covered by the State program must still
be submitted to the EPA Region.
Finally, the application time for TWTDS that do not yet have an
individual or general permit containing sewage sludge use or disposal
conditions is different than the reapplication time for those TWTDS
that already have such a permit. In cases where a TWTDS is covered
under a State's sewage sludge general permit, the TWTDS should follow
the State's notification procedures rather than submit an individual
permit application.
A TWTDS that already has an individual sewage sludge permit must
submit a renewal application 180 days before its permit expires. If the
permit is an NPDES permit, an application must be submitted every five
years. If a State issues sewage sludge permits for a longer time period
(up to ten years as allowed by 501.15(a)(2)(ii)), the permit renewal
application must be submitted 180 days before the sewage sludge permit
expires. Section 501.15(d)(1)(ii) has been added to clarify the renewal
requirements.
EPA is also deleting existing Sec. 501.15(d)(1)(ii)(A). This
provision was intended to address those circumstances in which an
incinerator or other TWTDS requested site-specific pollutant limits.
However, there have been few requests for site-specific permits. In
addition, proposed changes to part 503 (60 FR 54771) will make the
incineration standard totally self-implementing along with the rest of
the rule, i.e., the standard must be met whether or not a permit is
issued. Therefore, this paragraph is no longer necessary. However, as
provided in Sec. 501.15(d)(1)(i)(D), the Director may require permit
applications from any TWTDS at any time if necessary to protect public
health and the environment. This provides the Director with the
flexibility to first address the largest public health or environmental
threat.
EPA is redesignating Sec. 501.15(d)(1)(ii)(B)-(E) as
Sec. 501.15(d)(1)(i)(A),(C),(D), and (E) and adding a new
Sec. 501.15(d)(1)(i)(B). These paragraphs contain the application time
frames and have been moved from Sec. 501.15(d)(1)(ii) to
Sec. 501.15(d)(1)(i) to help clarify that they apply to TWTDS that do
not yet have an effective sewage sludge permit. Section
501.15(d)(1)(i)(B) has been added to separate the application time
frames from the required application information. As previously
mentioned, Sec. 501.15(d)(1)(i)(B) will not be effective until
Sec. 122.21(q) becomes effective. Language will be added to the
Sec. 122.21(q) rulemaking to delete Sec. 501.15(a)(4) once
Sec. 122.21(q) becomes effective. Until then, the application
information is specified in Sec. 501.15(a)(4) and the time frames
applicable to a permit application are specified in
Sec. 501.15(d)(1)(i)(A),(C),(D) and (E).
Section 501.15(d)(1)(i)(C) lists the limited background information
requested of non-NPDES TWTDS. EPA is modifying its paragraph (3) to be
consistent with the full permit information requirements as proposed in
Sec. 122.21(q). If sewage sludge meets the ``exceptional quality''
requirements, no additional information is required about land
application sites or facilities that further treat the sewage sludge.
Section 501.15(d)(4) requires fact sheets for draft permits
containing case-by-case permit conditions or land application plans.
They are also required for Class I sludge management facilities or
draft permits that are the subject of widespread public interest or
raise major issues. EPA is revising this section to require a fact
sheet only when a permit is the subject of widespread public interest
or raises major issues. In addition, EPA is revising this provision to
delete the list of the specific information required to be included in
a fact sheet.
EPA is making these changes to provide additional flexibility to
States in operating their sewage sludge permit programs. EPA believes
that the basis for a permit should be available to the public but does
not believe that a fact sheet should be the only available option for a
State to provide information to the public on a proposed permit. For
example, in some States the basis for the permit may be the State's
sewage sludge regulations. In this situation a fact sheet is not
necessary.
In addition, EPA is amending Sec. 501.15(d)(5) to insert the phrase
``meeting or hearing'' in place of ``hearing'' throughout the section.
This change simplifies the approval process for States whose public
participation requirements for permit issuance call for public
``meetings'' rather than ``hearings.'' This modification in the
regulations obviates the need for a change in State law in States with
such procedures in order to obtain approval.
[[Page 45120]]
Today's rule also modifies the requirement that the State provide
at least a 30-day comment period on the draft permit. Some States
require public notification of a permit application so the public has
the opportunity to review the application and request a public hearing
before a draft permit is issued. In this situation a 30-day comment
period after issuance of a draft permit may not be necessary. Today's
rule also deletes the requirement for 30 days notice before a meeting
or hearing. These changes are not intended to suggest that a State
should not provide an adequate comment period or adequate advance
notice of any hearing or meeting. State law must provide the public
both timely and meaningful opportunity to participate in its permitting
determinations. This means that a State's procedures must be reasonably
calculated to apprise the public of the nature of any proposed
permitting action as well as provide the public with an opportunity to
submit its view on the proposed permitting action.
Today's changes are merely intended to allow the States the
flexibility to follow their current public notice procedures that may
provide for public notice at different times in the permitting process.
Changes to Sec. 501.15(d)(5) allow the State flexibility in the
method used to provide public notice. The MOA could be used to specify
required methods, if deemed necessary by an EPA Region.
EPA received four comments on this proposed change. One of the
commenters asserted that the proposed language could be interpreted to
require public notice in all newspapers along the entire route used to
transport biosolids from a generator to a land application site. EPA
has changed the language in this section to provide flexibility to
States with different types of public notification procedures while
ensuring that members of the public that are affected by the sewage
sludge use or disposal are notified. EPA did not intend the phrase
``area affected by the facility or activity'' to mean the route of
sewage sludge transportation. EPA's objective in modifying the rule
language is to ensure actual public notice--not publication in a
newspaper unlikely to be read by those people living near the sewage
sludge use or disposal site(s).
Other commenters thought that the public notice requirements for
permits should be the same as the proposed land application plan public
notice requirements that allow States to use any type of public
notification process that is consistent with existing State and local
laws.
The land application plan is part of the permit application and is
therefore subject to public notice and comment as part of the permit.
When part 501 was developed in 1989, EPA decided to not require permit
modifications for new land application sites in part because the permit
required adequate public notice to the affected parties (54 FR 18738).
EPA wants to ensure that adequate public notice remains part of the
permit process. EPA believes the revised language accomplishes this
while providing the States with the desired flexibility. Any State that
requires some type of public notice of permits in the area affected by
the sewage sludge use or disposal should have no problem meeting the
requirements of today's rule. EPA has promulgated the provisions of
Sec. 501.15 as proposed, with a slight language change to clarify the
public notice methods in Sec. 501.15(d)(5)(ii).
7. Requirements for Enforcement Authority
EPA is revising the language of Sec. 501.17 to clarify the intent
of the section. A State must have the authority to assess civil
penalties or criminal fines in, at least, the amounts listed. States
are not required to impose these or any other specific penalties in any
civil or criminal proceeding, and State law may, of course, authorize
the imposition of larger penalties.
The one commenter on this section thought EPA should provide for
State environmental enforcement discretion. As mentioned above, the
States must have the authority to impose fines up to the listed amounts
but they do not have to impose penalties in any specific penalty
amount. EPA has promulgated this provision as proposed.
8. Program Reporting to EPA
The current requirements in Sec. 501.21 require extensive
information on noncompliance to be reported semiannually to EPA by the
State program director. EPA is attempting to streamline all of its
reporting requirements, including the information requested from
States. Today's rule reduces the information required from States and
requires annual reports that contain only the information that EPA
believes is of most value in reviewing a States's sludge management
program.
EPA received three comments on this section. One supported the
proposed changes; the other two thought that EPA should be even more
flexible. The proposed requirements are a significant reduction from
what is required in the existing rule. Given EPA's limited experience
in overseeing State sewage sludge programs, EPA believes the requested
information is the minimum that should be reported annually about a
sewage sludge program. EPA has revised Sec. 501.21(b)(2) for
consistency with the changed language for reporting permit numbers in
Sec. 501.12(f)(1)(iv). EPA is promulgating the rest of this section as
proposed.
9. Procedures for Revision of State Programs
The language in Sec. 501.32 required a State to revise its program
within one or two years of promulgation of changes to the sewage sludge
regulations. Today's change allows EPA and the State to agree to a
different schedule in the MOA. As the MOA is part of the State program
submittal, comments on this or any other issue in the MOA can be raised
when the State program is published in the Federal Register. Because
the sewage sludge regulations are directly enforceable, users or
disposers of sewage sludge must comply with any new Federal sewage
sludge requirements, whether or not the State has modified its
regulations to conform with the Federal rule. EPA received no comments
on this section and it is promulgated as proposed.
III. Regulatory Requirements
A. 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 Office of Management and Budget (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:
(1) 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;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is a ``significant regulatory action''. As
such, this action was
[[Page 45121]]
submitted to OMB for review. Changes made in response to OMB
suggestions or recommendations will be documented in the public record.
B. Executive Order 12875
To reduce the burden of Federal regulations on States and small
governments, the President issued Executive Order 12875, entitled
Enhancing the Intergovernmental Partnership, on October 28, 1993 (58 FR
58093). Under Executive Order (E.O.) 12875, EPA may not issue a
regulation that is not required by statute and that creates a mandate
upon a State, local or Tribal government unless the federal government
provides the necessary funds to pay the direct costs incurred by the
State, local or Tribal government or EPA provides to the Office of
Management and Budget a description of the extent of the Agency's prior
consultation and written communications with elected officials and
other representatives of affected State, local or Tribal governments,
the nature of their concerns, and an Agency statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of State, local, and Tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
EPA has determined that E.O. 12875 does not apply since this rule
does not create a mandate upon State, local, or tribal governments.
This rule imposes no enforceable duty on any State, local, or tribal
government or the private sector.
C. Paperwork Reduction Act
The information collection requirements for parts 123 and 501 were
approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. (OMB Control No. 2040-0057). The rule changes are designed to
streamline the regulatory process and will not impose any new
information collection requirements.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
provides that, whenever an agency promulgates a final rule under
section 553 of the Administrative Procedures Act, after being required
by that section or any other law to publish a general notice of
rulemaking, the agency generally must prepare a final regulatory
flexibility analysis (FRFA). The agency must prepare a FRFA for a final
rule unless the head of the agency certifies that it will not have a
significant economic impact on a substantial number of small entities.
Today's rule will only apply to those States and tribes that choose
to seek EPA authorization for their sewage sludge permit programs. As
previously explained, today's changes streamline the regulations to
ease the authorization process and provide States and tribes
flexibility in implementing their permit programs. These changes will
reduce the burden on all affected entities. The Administrator therefore
certifies, pursuant to section 605(b) of the RFA, that this rule will
not have a significant economic impact on a substantial number of small
entities.
E. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's rule contains no Federal mandates under the regulatory
provisions of Title II of the UMRA for State, local, or tribal
governments or the private sector because the UMRA generally excludes
from the definition of ``Federal intergovernmental mandate'' duties
that arise from participation in a voluntary Federal program. This rule
imposes no enforceable duty on any State, local, or tribal government
or the private sector. In any event, EPA has determined that this rule
does not contain a Federal mandate that may result in expenditures of
$100 million or more for State, local and tribal governments, in the
aggregate, or the private sector in any one year. The amendments
provide additional flexibility to the States in complying with current
regulatory requirements and reduce the burden on affected governments.
As noted above, there are no costs associated with today's changes.
Thus, today's rule is not subject to the requirements in sections 202
and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments and thus this rule is not subject to the requirements in
section 203 of UMRA. The amendments will not significantly affect small
governments because as explained above, the amendments provide
additional flexibility in complying with pre-existing regulatory
requirements. The only small governments affected by this rule are
tribal governments and they are subject to the same requirements as
States if they choose to seek authorization of their sewage sludge
program.
F. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective September 23, 1998.
[[Page 45122]]
G. National Technology Transfer and Advancement Act
Under section 12(d) of the National Technology Transfer and
Advancement Act (NTTAA), the Agency is required to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practice,
etc.) that are developed or adopted by voluntary consensus standard
bodies. Where available and potentially applicable voluntary consensus
standards are not used by EPA, the Act requires the Agency to provide
Congress, through the Office of Management and Budget, an explanation
of the reasons for not using such standards.
This final rule does not prescribe any technical standards, so the
Agency has determined that the NTTAA requirements are not applicable.
H. Executive Order 13045
The Executive order, Protection of Children from Environmental
Health Risks and Safety Risks (62 FR 19885, April 23, 1997) applies to
any rule that EPA determines (1) ``economically significant'' as
defined under E.O. 12866 and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. EPA interprets the E.O. 13045 as encompassing only
those regulatory actions that are risk based or health based, such that
the analysis required under section 5-501 of the E.O. has the potential
to influence the regulation.
This rule is not subject to E.O. 13045 because it is not an
economically significant action as defined by E.O. 12866 and it does
not involve decisions regarding environmental health or safety risks.
This rule streamlines the regulations and authorization procedures for
States seeking authorization to implement the Federal Sewage Sludge
Management Program.
List of Subjects
40 CFR Part 123
Environmental protection, Confidential business information,
Hazardous materials, Penalties, Reporting and recordkeeping
requirements, Sewage disposal, Waste treatment and disposal, Water
pollution control.
40 CFR Part 501
Environmental protection, Confidential business information,
Publicly owned treatment works, Reporting and recordkeeping
requirements, Sewage disposal, Waste treatment and disposal.
Dated: August 11, 1998.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, parts 123 and 501 of title
40 of the Code of Federal Regulations are amended as follows:
PART 123--[AMENDED]
1. The authority citation for part 123 continues to read as
follows:
Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.
2. Section 123.1 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 123.1 Purpose and scope.
(a) This part specifies the procedures EPA will follow in
approving, revising, and withdrawing State programs and the
requirements State programs must meet to be approved by the
Administrator under sections 318, 402, and 405(a) (National Pollutant
Discharge Elimination System--NPDES) of the CWA. This part also
specifies the procedures EPA will follow in approving, revising, and
withdrawing State programs under section 405(f) (sludge management
programs) of the CWA. The requirements that a State sewage sludge
management program must meet for approval by the Administrator under
section 405(f) are set out at 40 CFR part 501.
* * * * *
(c) The Administrator will approve State programs which conform to
the applicable requirements of this part. A State NPDES program will
not be approved by the Administrator under section 402 of CWA unless it
has authority to control the discharges specified in sections 318 and
405(a) of CWA. Permit programs under sections 318 and 405(a) will not
be approved independent of a section 402 program.
* * * * *
3. Section 123.2 is revised to read as follows:
Sec. 123.2 Definitions.
The definitions in part 122 apply to all subparts of this part.
4. Section 123.22 is amended by removing paragraph (f) and
redesignating paragraph (g) as paragraph (f).
5. Section 123.24 is amended by removing paragraph (d)(8).
6. Section 123.25 is amended by revising the introductory text of
paragraph (a) and paragraph (a)(37) to read as follows:
Sec. 123.25 Requirements for permitting.
(a) All State Programs under this part must have legal authority to
implement each of the following provisions and must be administered in
conformance with each, except that States are not precluded from
omitting or modifying any provisions to impose more stringent
requirements:
* * * * *
(37) 40 CFR parts 129, 133, and subchapter N; and
* * * * *
7. Section 123.26 is amended by revising paragraph (e)(5) to read
as follows:
Sec. 123.26 Requirements for compliance evaluation programs.
* * * * *
(e) * * *
(5) Inspecting the facilities of all major dischargers at least
annually.
8. Section 123.42 is amended by revising the introductory paragraph
to read as follows:
Sec. 123.42 Receipt and use of Federal information.
Upon approving a State permit program, EPA will send to the State
agency administering the permit program any relevant information which
was collected by EPA. The Memorandum of Agreement under Sec. 123.24
(or, in the case of a sewage sludge management program, Sec. 501.14 of
this chapter) will provide for the following, in such manner as the
State Director and the Regional Administrator agree:
* * * * *
9. Section 123.44 is amended by revising paragraphs (d)(1), (d)(2),
(e), and (j) to read as follows:
Sec. 123.44 EPA review of and objection to State permits.
* * * * *
(d) * * *
(1) Will consider all data transmitted pursuant to Sec. 123.43 (or,
in the case of a sewage sludge management program, Sec. 501.21 of this
chapter);
(2) May, if the information provided is inadequate to determine
whether the proposed permit meets the guidelines and requirements of
CWA, request the State Director to transmit to the Regional
Administrator the complete record of the permit proceedings before the
State, or any portions of the record that the Regional Administrator
determines are necessary for review. If
[[Page 45123]]
this request is made within 30 days of receipt of the State submittal
under Sec. 123.43 (or, in the case of a sewage sludge management
program, Sec. 501.21 of this chapter), it will constitute an interim
objection to the issuance of the permit, and the full period of time
specified in the Memorandum of Agreement for the Regional
Administrator's review will recommence when the Regional Administrator
has received such record or portions of the record; and
* * * * *
(e) Within 90 days of receipt by the State Director of an objection
by the Regional Administrator, the State or interstate agency or any
interested person may request that a public hearing be held by the
Regional Administrator on the objection. A public hearing in accordance
with the procedures of Sec. 124.12 (c) and (d) of this chapter (or, in
the case of a sewage sludge management program, Sec. 501.15(d)(7) of
this chapter) will be held, and public notice provided in accordance
with Sec. 124.10 of this chapter, (or, in the case of a sewage sludge
management program, Sec. 501.15(d)(5) of this chapter), whenever
requested by the State or the interstate agency which proposed the
permit or if warranted by significant public interest based on requests
received.
* * * * *
(j) The Regional Administrator may agree, in the Memorandum of
Agreement under Sec. 123.24 (or, in the case of a sewage sludge
management program, Sec. 501.14 of this chapter), to review draft
permits rather than proposed permits. In such a case, a proposed permit
need not be prepared by the State and transmitted to the Regional
Administrator for review in accordance with this section unless the
State proposes to issue a permit which differs from the draft permit
reviewed by the Regional Administrator, the Regional Administrator has
objected to the draft permit, or there is significant public comment.
10. Section 123.45 is amended by removing paragraph (e).
11. Section 123.62 is amended by revising paragraphs (b)(3), and
(c) to read as follows:
Sec. 123.62 Procedures for revision of State programs.
* * * * *
(b)* * *
(3) The Administrator will approve or disapprove program revisions
based on the requirements of this part (or, in the case of a sewage
sludge management program, 40 CFR part 501) and of the CWA.
* * * * *
(c) States with approved programs must notify EPA whenever they
propose to transfer all or part of any program from the approved State
agency to any other State agency, and must identify any new division of
responsibilities among the agencies involved. The new agency is not
authorized to administer the program until approved by the
Administrator under paragraph (b) of this section. Organizational
charts required under Sec. 123.22(b) (or, in the case of a sewage
sludge management program, Sec. 501.12(b) of this chapter) must be
revised and resubmitted.
* * * * *
12. Section 123.63 is amended by revising the introductory text of
paragraph (a) and paragraph (a)(4) to read as follows:
Sec. 123.63 Criteria for withdrawal of State programs.
(a) In the case of a sewage sludge management program, references
in this section to ``this part'' will be deemed to refer to 40 CFR part
501. The Administrator may withdraw program approval when a State
program no longer complies with the requirements of this part, and the
State fails to take corrective action. Such circumstances include the
following:
* * * * *
(4) Where the State program fails to comply with the terms of the
Memorandum of Agreement required under Sec. 123.24 (or, in the case of
a sewage sludge management program, Sec. 501.14 of this chapter).
* * * * *
13. Section 123.64 is amended by revising the introductory text of
paragraph (a) and paragraph (b)(1) to read as follows:
Sec. 123.64 Procedures for withdrawal of State programs.
(a) A State with a program approved under this part (or, in the
case of a sewage sludge management program, 40 CFR part 501) may
voluntarily transfer program responsibilities required by Federal law
to EPA by taking the following actions, or in such other manner as may
be agreed upon with the Administrator.
* * * * *
(b) * * *
(1) Order. The Administrator may order the commencement of
withdrawal proceedings on his or her own initiative or in response to a
petition from an interested person alleging failure of the State to
comply with the requirements of this part as set forth in Sec. 123.63
(or, in the case of a sewage sludge management program, Sec. 501.33 of
this chapter). The Administrator will respond in writing to any
petition to commence withdrawal proceedings. He may conduct an informal
investigation of the allegations in the petition to determine whether
cause exists to commence proceedings under this paragraph. The
Administrator's order commencing proceedings under this paragraph will
fix a time and place for the commencement of the hearing and will
specify the allegations against the State which are to be considered at
the hearing. Within 30 days the State must admit or deny these
allegations in a written answer. The party seeking withdrawal of the
State's program will have the burden of coming forward with the
evidence in a hearing under this paragraph.
* * * * *
PART 501--[AMENDED]
14. The authority citation for part 501 continues to read as
follows:
Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.
15. Section 501.1 is amended by revising paragraphs (b) and (d),
and adding paragraph (m) to read as follows:
Sec. 501.1 Purpose and scope.
* * * * *
(b) This part specifies the procedures EPA will follow in
approving, revising, and withdrawing State sludge management programs
under section 405(f), and the requirements State programs must meet to
be approved by the Administrator under section 405(f) of CWA. Sludge
Management Program submissions may be developed and implemented under
any existing or new State authority or authorities as long as they meet
the requirements of this part.
* * * * *
(d) In addition, any complete State Sludge Management Program
submitted for approval under this part must have authority to regulate
all sewage sludge management activities subject to 40 CFR part 503,
unless the State is applying for partial sludge program approval in
accordance with paragraph (m) of this section. The State sludge
management program must include authority to regulate all Federal
facilities in the State. Sludge management activities must include as
applicable:
(1) Land application;
(2) Landfilling in a Municipal Solid Waste Landfill regulated under
40 CFR part 258;
[[Page 45124]]
(3) Incineration;
(4) Surface disposal; and
(5) Any other sludge use or disposal practices that may
subsequently be regulated by 40 CFR part 503.
* * * * *
(m) A State whose sludge management program has not been approved
under this part may submit to the Regional Administrator an application
for approval of a partial sewage sludge program. The following are the
requirements for approval of a partial program:
(1) A partial program submission must constitute a complete
management program covering one or more categories of sewage sludge use
or disposal. The program must also apply to anyone engaged in the
sewage sludge use or disposal practice that is the subject of the
partial program. A complete management program is one that provides for
the issuance of permits, the monitoring of compliance and, in the event
of violations, possible enforcement action.
(2) The partial program submission must also address the following
requirements:
(i) The Attorney General's Statement, in addition to the
information required by Sec. 501.13, must clearly explain the
jurisdiction of the administering agency or department;
(ii) The program description, in addition to the information
required by Sec. 501.12, must explain how the program will operate,
including which use and disposal practice(s) the State will cover. The
program description must also explain the relationship and coordination
between the proposed partial sewage sludge program and that part of the
program for which EPA will remain the permitting authority, including a
discussion of the division of permitting, enforcement, and compliance
monitoring responsibilities between the State and EPA; and
(iii) The Memorandum of Agreement between EPA and the State, in
addition to the information required by Sec. 501.14, must set out the
responsibilities of EPA and the State in administering the partial
program, including specific provisions for transfer of information and
determination of which users or disposers of sewage sludge are included
in the partial program.
16. Section 501.2 is amended by adding a definition to read as
follows:
Sec. 501.2 Definitions.
* * * * *
``TWTDS'' means treatment works treating domestic sewage.
17. Section 501.12 is amended by revising paragraphs (b), (d),
(f)(1) introductory text, (f)(1)(iv), (f)(1)(v), and (f)(2), and
removing paragraph (f)(3) to read as follows:
Sec. 501.12 Program description.
* * * * *
(b) A description (including organization charts) of the
organization and structure of the State agency or agencies which will
have responsibility for administering the program. If more than one
agency is responsible for administration of a program, the
responsibilities of each agency, and their procedures for coordination
must be set forth, and an agency must be designated as a ``lead
agency'' (i.e., the ``State sludge management agency'') to facilitate
communications between EPA and the State agencies having program
responsibility. If the State proposes to administer a program of
greater scope of coverage than is required by federal law, the
information provided under this paragraph must indicate the resources
dedicated to administering the federally required portion of the
program. This description must include:
(1) A description of the general duties and the total number of
State agency staff carrying out the State program;
(2) An itemization of the estimated costs of establishing and
administering the program for the first two years after approval
including cost of the personnel described in paragraph (b)(1) of this
section, cost of administrative support, and cost of technical support,
except where a State is seeking authorization for an established sewage
sludge management program that has been in existence for a minimum of
two years and is at least as stringent as the program for which the
State is seeking authorization; and
(3) An estimate of the sources and amounts of funding for the first
two years after approval to meet the costs listed in paragraph (b)(2)
of this section, except where a State is seeking authorization for an
established sewage sludge management program that has been in existence
for a minimum of two years and is at least as stringent as the program
for which the State is seeking authorization.
* * * * *
(d) Copies of the permit, application, and reporting forms or a
description of the procedures the State intends to employ for obtaining
information needed to implement its permitting program.
* * * * *
(f)(1) An inventory of all POTWs and other TWTDS that are subject
to regulations promulgated pursuant to 40 CFR part 503 and subject to
the State program, which includes:
* * * * *
(iv) Permit numbers for permits containing sewage sludge
requirements, if any, and;
(v) Compliance status.
(2) States may submit either:
(i) Inventories which contain all of the information required by
paragraph (f)(1) of this section; or
(ii) A partial inventory with a detailed plan showing how the State
will complete the required inventory within five years after approval
of its sludge management program under this part.
* * * * *
18. Section 501.14 is amended by revising paragraphs (a),
(b)(1)(i), (b)(2), (b)(3), and (c) to read as follows:
Sec. 501.14 Memorandum of Agreement with the Regional Administrator.
(a) Any State that seeks to administer a program under this part
must submit a Memorandum of Agreement. The Memorandum of Agreement must
be executed by the State Program Director and the Regional
Administrator and will become effective when approved by the Regional
Administrator. In addition to meeting the requirements of paragraph (b)
of this section, the Memorandum of Agreement may include other terms,
conditions, or agreements consistent with this part and relevant to the
administration and enforcement of the State's regulatory program. The
Administrator will not approve any Memorandum of Agreement which
contains provisions which restrict EPA's exercise of its oversight
responsibility.
(b) * * *
(1)(i) Provisions for the prompt transfer from EPA to the State of
pending permit applications applicable to the State program (or portion
of the State program for which the State seeks approval) and any other
information relevant to program operation not already in the possession
of the State Director (e.g., support files for permit issuance,
compliance reports, etc.). If existing permits are transferred from EPA
to the State for administration, the Memorandum of Agreement must
contain provisions specifying a procedure for transferring the
administration of these permits. If a State lacks the authority to
directly administer permits issued by the federal government, a
procedure may be established to transfer responsibility for these
permits.
* * * * *
(2) Provisions specifying classes and categories of permit
applications, draft permits, and proposed permits that the
[[Page 45125]]
State will send to the Regional Administrator for review, comment and,
where applicable, objection. These provisions must follow the permit
review procedures set forth in 40 CFR 123.44.
(3) The Memorandum of Agreement must also specify the extent to
which EPA will waive its right to review, object to, or comment upon
State-issued permits.
* * * * *
(c) The Memorandum of Agreement must also provide for the
following:
(1) The circumstances in which the State must promptly send
notices, draft permits, final permits, or related documents to the
Regional Administrator; and
(2) Provisions on the State's compliance monitoring and enforcement
program, including:
(i) Provisions for coordination of compliance monitoring activities
by the State and by EPA. These may specify the basis on which the
Regional Administrator will select facilities or activities within the
State for EPA inspection; and
(ii) Procedures to assure coordination of enforcement activities.
(3) When appropriate, provisions for joint processing of permits by
the State and EPA for facilities or activities which require permits
from both EPA and the State under different programs (see for example
40 CFR 124.4).
(4) Provisions for modification of the Memorandum of Agreement in
accordance with this part.
* * * * *
19. Section 501.15 is amended by revising paragraph (a), the
introductory text of paragraph (b), paragraphs (b)(10)(i), (b)(13),
(b)(14), the introductory text of paragraph (d), paragraph (d)(1), and
(d)(4) through (d)(8), to read as follows:
Sec. 501.15 Requirements for permitting.
(a) General requirements. All State programs under this part must
have legal authority to implement each of the following provisions and
must be administered in conformance with each, except that States are
not precluded from omitting or modifying any provisions to impose more
stringent requirements:
(1) Confidentiality of information. Claims of confidentiality will
be denied for the following information:
(i) The name and address of any permit applicant or permittee;
(ii) Permit applications, permits, and sewage sludge data. This
includes information submitted on the permit application forms
themselves and any attachments used to supply information required by
the forms.
(2) Duration of permits. (i) NPDES permits issued to treatment
works treating domestic sewage pursuant to section 405(f) of the CWA
will be effective for a fixed term not to exceed five years.
(ii) Non-NPDES Permits issued to treatment works treating domestic
sewage pursuant to section 405(f) of the CWA will be effective for a
fixed term not to exceed ten years.
(3) Schedules of compliance. (i) General. The permit may, when
appropriate, specify a schedule of compliance leading to compliance
with the CWA and the requirements of this part. Any schedules of
compliance under this section must require compliance as soon as
possible, but not later than any applicable statutory deadline under
the CWA.
(ii) Interim dates. If a permit establishes a schedule of
compliance which exceeds one year from the date of permit issuance, the
schedule must set forth interim requirements and the date for their
achievement, as appropriate.
(iii) Reporting. The permit must be written to require that no
later than 14 days following each interim date and the final date of
compliance, the permittee must notify the Director in writing of its
compliance or noncompliance with the interim or final requirements, or
submit progress reports if paragraph (a)(3)(ii) of this section is
applicable.
(4) Information requirements. All treatment works treating domestic
sewage shall submit to the Director within the time frames established
in paragraph (d)(1)(ii) of this section the following information:
(i) The activities conducted by the applicant which require it to
obtain a permit.
(ii) Name, mailing address, and location of the treatment works
treating domestic sewage for which the application is submitted.
(iii) The operator's name, address, telephone number, ownership
status, and status as Federal, State, private, public, or other entity.
(iv) Whether the facility is located on Indian lands.
(v) A listing of all permits or construction approvals received or
applied for under any of the following programs:
(A) Hazardous Waste Management program under RCRA.
(B) UIC program under SDWA.
(C) NPDES program under CWA.
(D) Prevention of Significant Deterioration (PSD) program under the
Clean Air Act.
(E) Nonattainment program under the Clean Air Act.
(F) National Emission Standards for Hazardous Pollutants (NESHAPS)
preconstruction approval under the Clean Air Act.
(G) Ocean dumping permits under the Marine Protection, Research,
and Sanctuaries Act.
(H) Dredge or fill permits under section 404 of CWA.
(I) Other relevant environmental permits, including State or local
permits.
(vi) A topographic map (or other map if a topographic map is
unavailable) extending one mile beyond the property boundaries of the
treatment works treating domestic sewage, depicting the location of the
sludge management facilities (including disposal sites), the location
of all water bodies, and the location of wells used for drinking water
listed in the public records or otherwise known to the applicant within
\1/4\ mile of the property boundaries;
(vii) Any sludge monitoring data the applicant may have, including
available ground water monitoring data, with a description of the well
locations and approximate depth to ground water, for landfills or land
application sites (see appendix I to 40 CFR part 257);
(viii) A description of the applicant's sludge use and disposal
practices (including, where applicable, the location of any sites where
the applicant transfers sludge for treatment and/or disposal, as well
as the name of the applicator or other contractor who applies the
sludge to land if different from the applicant, and the name of any
distributors when the sludge will be disposed of through distribution
and marketing, if different from the applicant);
(ix) For each land application site the applicant will use during
the life of the permit, the applicant will supply information necessary
to determine if the site is appropriate for land application and a
description of how the site is (or will be) managed. Applicants
intending to apply sludge to land application sites not identified at
the time of application must submit a land application plan which at a
minimum;
(A) Describes the geographical area covered by the plan;
(B) Identifies site selection criteria;
(C) Describes how sites will be managed;
(D) Provides for advance notice to the permit authority of specific
land application sites and reasonable time for the permit authority to
object prior to the sludge application; and
(E) Provides for advance public notice as required by State and
local law, but
[[Page 45126]]
in all cases requires notice to landowners and occupants adjacent to or
abutting the proposed land application site.
(x) Annual sludge production volume;
(xi) Any information required to determine the appropriate
standards for permitting under 40 CFR part 503; and
(xii) Any other information the Program Director may request and
reasonably require to assess the sludge use and disposal practices, to
determine whether to issue a permit, or to ascertain appropriate permit
requirements.
(b) Conditions applicable to all permits. In addition to permit
conditions which must be developed on a case-by-case basis in order to
meet applicable requirements of 40 CFR part 503, paragraphs (a)(1)
through (a)(3) of this section, and permit conditions developed on a
case-by-case basis using best professional judgment to protect public
health and the environment from the adverse effects of toxic pollutants
in sewage sludge, all permits must contain the following permit
conditions (or comparable conditions as provided for in the Memorandum
of Agreement):
* * * * *
(10) Monitoring and records. (i) The permittee must monitor and
report monitoring results as specified elsewhere in this permit with a
frequency dependent on the nature and effect of its sludge use or
disposal practices. At a minimum, this will be as required by 40 CFR
part 503.
* * * * *
(13) Reopener. If a standard for sewage sludge use or disposal
applicable to permittee's use or disposal methods is promulgated under
section 405(d) of the CWA before the expiration of this permit, and
that standard is more stringent than the sludge pollutant limits or
acceptable management practices authorized in this permit, or controls
a pollutant or practice not limited in this permit, this permit may be
promptly modified or revoked and reissued to conform to the standard
for sludge use or disposal promulgated under section 405(d) of the CWA.
(14) Duty to reapply. If the permittee wishes to continue an
activity regulated by the this permit after the expiration date of this
permit, the permittee must apply for a new permit.
* * * * *
(d) Permit procedures. All State programs approved under this part
must have the legal authority to implement, and be administered in
accordance with, each of following provisions, unless the Regional
Administrator determines that the State program includes comparable or
more stringent provisions.
(1) Application for a permit. (i) Any TWTDS whose sewage sludge use
or disposal method is covered by part 503 and covered under the State
program, and who does not have an effective sewage sludge permit, must
complete, sign, and submit to the Director an application for a permit
within the following time frames.
(A) TWTDS with a currently effective NPDES permit must submit the
required application information when the next application for NPDES
permit renewal is due.
(B) The required application information is listed in 40 CFR
122.21(q).
(C) Other existing TWTDS not addressed under paragraph (d)(1)(i)(A)
of this section must submit the information listed in paragraphs
(d)(1)(i)(C)(1) through (d)(I)(i)(C)(5) of this section, to the
Director within one year after publication of a standard applicable to
their sewage sludge use or disposal practices. The Director will
determine when such a TWTDS must submit a full permit application.
(1) Name, mailing address and location of the TWTDS;
(2) The operator's name, address, telephone number, ownership
status, and status as Federal, State, private, public or other entity;
(3) A description of the sewage sludge use or disposal practices.
Unless the sewage sludge meets the ceiling concentrations in 40 CFR
503.13(b)(1), the pollutant concentrations in 40 CFR 503.13(b)(3), the
Class A pathogen requirements in 40 CFR 503.32(a), and one of the
vector attraction reduction requirements in 40 CFR 503.33(b)(1) through
(b)(8), the description must include the name and address of any
facility where sewage sludge is sent for treatment or disposal, and the
location of any land application sites;
(4) Annual amount of sewage sludge generated, treated, used or
disposed (dry weight basis); and
(5) The most recent data the TWTDS may have on the quality of the
sewage sludge.
(D) Notwithstanding paragraph (d)(1)(i)(A) or (d)(1)(i)(B) of this
section, the Director may require permit applications from any TWTDS at
any time if the Director determines that a permit is necessary to
protect public health and the environment from any potential adverse
effects that may occur from toxic pollutants in sewage sludge.
(E) Any TWTDS that commences operations after promulgation of an
applicable standard for sewage sludge use or disposal must submit an
application to the Director at least 180 days prior to the date
proposed for commencing operations.
(ii) All TWTDS with a currently effective sewage sludge permit must
submit a new application at least 180 days before the expiration date
of their existing permit.
(iii) The Director will not begin the processing of a permit until
the applicant has fully complied with the application requirements for
that permit.
* * * * *
(4) Fact sheets. A fact sheet must be prepared for every draft
permit which the Director finds is the subject of widespread public
interest or raises major issues. The fact sheet will briefly set forth
the principal facts and the significant factual, legal, methodological
and policy questions considered in preparing the draft permit. The
Director will send this fact sheet to the applicant and, on request, to
any other person.
(5) Public notice of permit actions and public comment period. (i)
The Director must give public notice that the following actions have
occurred:
(A) A draft permit has been prepared. At least 30 days must be
allowed for public comment on the draft permit unless the Director has
previously provided for public comment, for example after receipt of
the permit application.
(B) A meeting or hearing has been scheduled.
(ii) Methods. Public notice of activities described in paragraph
(d)(5)(i) of this section must be given in the area affected by these
activities by any method reasonably calculated to give actual notice of
the action in question to any person affected or requesting notice of
the action. Public notice may include publication of a notice in a
daily or weekly newspaper within the area affected by the facility or
activity, press releases, or any other forum or medium to elicit public
participation.
(iii) Contents.
(A) All public notices. All public notices issued under this part
must contain the following minimum information:
(1) Name and address of the office processing the permit action for
which notice is being given;
(2) Name and address of the permittee or permit applicant and, if
different, of the facility or activity regulated by the permit;
(3) A brief description of the activity described in the permit
application (including the inclusion of land application plan, if
appropriate);
[[Page 45127]]
(4) Name, address and telephone number of a person from whom
interested persons may obtain further information, including copies of
the draft permit, fact sheet, and the application;
(5) A brief description of the comment procedures required by
Sec. 501.15(d)(6) and the time and place of any meeting or hearing that
will be held, including a Statement of procedures to request a meeting
or hearing (unless a meeting or hearing has already been scheduled) and
other procedures by which the public may participate in the final
permit decision; and
(6) Any additional information considered necessary or proper.
(B) Public notices for meetings or hearings. In addition to the
general public notice described in paragraph (d)(5)(iii)(A) of this
section, the public notice of a meeting or hearing must contain the
following information:
(1) Date, time and place of the meeting or hearing; and
(2) A brief description of the nature and purpose of the meeting or
hearing, including the applicable rules and procedures.
(6) Public comments and requests for public meetings or hearings.
During the public comment period, any interested person may submit
written comments on the draft permit and may request a public meeting
or hearing, if no meeting or hearing has already been scheduled. A
request for a public meeting or hearing must be in writing and must
state the nature of the issues proposed to be raised in the meeting or
hearing. All comments will be considered in making the final decision
and must be answered as provided in paragraph (d)(8) of this section.
(7) Public meetings or hearings. The Director will hold a public
meeting or hearing whenever he or she finds, on the basis of requests,
a significant degree of public interest in a draft permit. The Director
may also hold a public meeting or hearing at his or her discretion,
(e.g. where such a hearing might clarify one or more issues involved in
the permit decision).
(8) Response to comments. At the time a final permit is issued, the
Director will issue a response to comments. The response to comments
must be available to the public, and must:
(i) Specify which provisions, if any, of the draft permit have been
changed in the final permit decision, and the reasons for the change;
and
(ii) Briefly describe and respond to all significant comments on
the draft permit raised during the public comment period or during any
meeting or hearing.
* * * * *
20. Section 501.17 is amended by revising paragraphs (a)(3)(i)
through (a)(3)(iii) and (b)(1) to read as follows:
Sec. 501.17 Requirements for enforcement authority.
(a) * * *
(3) * * *
(i) Civil penalties will be recoverable for the violation of any
permit condition; any applicable standard or limitation; any filing
requirement; any duty to allow or carry out inspection, entry or
monitoring activities; or any regulation or orders issued by the State
Program Director. The State must at a minimum, have the authority to
assess penalties of up to $5,000 a day for each violation.
(ii) Criminal fines will be recoverable against any person who
willfully or negligently violates any applicable standards or
limitations; any permit condition; or any filing requirement. The State
must at a minimum, have the authority to assess fines of up to $10,000
a day for each violation. States which provide the criminal remedies
based on ``criminal negligence,'' ``gross negligence'' or strict
liability satisfy the requirement of this paragraph (a)(3)(ii) of this
section.
(iii) Criminal fines will be recoverable against any person who
knowingly makes any false statement, representation or certification in
any program form, or in any notice or report required by a permit or
State Program Director, or who knowingly renders inaccurate any
monitoring device or method required to be maintained by the State
Program Director. The State must at a minimum, have the authority to
assess fines of up to $5,000 for each instance of violation.
(b)(1) The civil penalty or criminal fine will be assessable for
each instance of violation and, if the violation is continuous, will be
assessable up to the maximum amount for each day of violation.
* * * * *
21. Section 501.21 is revised to read as follows:
Sec. 501.21 Program reporting to EPA.
The State Program Director must prepare annual reports as detailed
in this section and must submit any reports required under this section
to the Regional Administrator. These reports will serve as the main
vehicle for the State to report on the status of its sludge management
program, update its inventory of sewage sludge generators and sludge
disposal facilities, and provide information on incidents of
noncompliance. The State Program Director must submit these reports to
the Regional Administrator according to a mutually agreed-upon
schedule. The reports specified below may be combined with other
reports to EPA (e.g., existing NPDES or RCRA reporting systems) where
appropriate and must include the following:
(a) A summary of the incidents of noncompliance which occurred in
the previous year that includes:
(1) The non-complying facilities by name and reference number;
(2) The type of noncompliance, a brief description and date(s) of
the event;
(3) The date(s) and a brief description of the action(s) taken to
ensure timely and appropriate action to achieve compliance;
(4) Status of the incident(s) of noncompliance with the date of
resolution; and
(5) Any details which tend to explain or mitigate the incident(s)
of noncompliance.
(b) Information to update the inventory of all sewage sludge
generators and sewage sludge disposal facilities submitted with the
program plan or in previous annual reports, including:
(1) Name and location;
(2) Permit numbers for permits containing sewage sludge
requirements;
(3) Sludge management practice(s) used; and
(4) Sludge production volume.
22. Section 501.32 is amended by revising paragraph (a) to read as
follows:
Sec. 501.32 Procedures for revision of State programs.
(a) Any State with an approved State program which requires
revision to comply with amendments to federal regulations governing
sewage sludge use or disposal (including revisions to this part) must
revise its program within one year after promulgation of applicable
regulations, unless either the State must amend or enact a statute in
order to make the required revision, in which case such revision must
take place within 2 years; or a different schedule is established under
the Memorandum of Agreement.
* * * * *
[FR Doc. 98-22193 Filed 8-21-98; 8:45 am]
BILLING CODE 6560-50-P