and 503.47(f) that were revised on Sep- 8503.5 Additional or more stringent tember 3, 1999 shall be achieved as ex- requirements. peditiously as practicable, but in no (a) On a case-by-case basis, the percase later than September 5, 2000. When mitting authority may impose requirenew pollution control facilities must ments for the use or disposal of sewage be constructed to comply with the re sludge in addition to or more stringent vised requirements in subpart E, com- than the requirements in this part pliance with the revised requirements when necessary to protect public shall be achieved as expeditiously as health and the environment from any practicable but no later than Sep- adverse effect of a pollutant in the sewtember 4, 2001. age sludge. 158 FR 9387, Feb. 19, 1993, as amended at 64 (b) Nothing in this part precludes a FR 42568, Aug. 4, 1999) State or political subdivision thereof or interstate agency from imposing re$503.3 Permits and direct enforce- quirements for the use or disposal of ability. sewage sludge more stringent than the (a) Permits. The requirements in this requirements in this part or from impart may be implemented through a posing additional requirements for the use or disposal of sewage sludge. permit: (1) Issued to a “treatment works $ 503.6 Exclusions. treating domestic sewage”, as defined (a) Treatment processes. This part does in 40 CFR 122.2, in accordance with 40 not establish requirements for procCFR parts 122 and 124 by EPA or by a esses used to treat domestic sewage or State that has a State sludge manage for processes used to treat sewage ment program approved by EPA in ac sludge prior to final use or disposal, excordance with 40 CFR part 123 or 40 CFR part 501 or cept as provided in $ 503.32 and $503.33. (b) Selection of a use or disposal prac(2) Issued under subtitle C of the tice. This part does not require the seSolid Waste Disposal Act; part C of the lection of a sewage sludge use or disSafe Drinking Water Act; the Marine posal practice. The determination of Protection, Research, and Sanctuaries the manner in which sewage sludge is Act of 1972; or the Clean Air Act. used or disposed is a local determinaTreatment works treating domestic tion. sewage" shall submit a permit applica (c) Co-firing of sewage sludge. This tion in accordance with either 40 CFR part does not establish requirements 122.21 or an approved State program. for sewage sludge co-fired in an incin(b) Direct enforceability. No person erator with other wastes or for the inshall use or dispose of sewage sludge cinerator in which sewage sludge and through any practice for which require other wastes are co-fired. Other wastes ments are established in this part ex- do not include auxiliary fuel, as decept in accordance with such require- fined in 40 CFR 503.41(b), fired in a sewments. age sludge incinerator. (d) Sludge generated at an industrial $ 503.4 Relationship to other regula facility. This part does not establish retions. quirements for the use or disposal of Disposal of sewage sludge in a munic- sludge generated at an industrial facilipal solid waste landfill unit, as defined ity during the treatment of industrial in 40 CFR 258.2, that complies with the wastewater, including sewage sludge requirements in 40 CFR part 258 con- generated during the treatment of institutes compliance with section 405(d) dustrial wastewater combined with doof the CWA. Any person who prepares mestic sewage. sewage sludge that is disposed in a mu- (e) Hazardous sewage sludge. This part nicipal solid waste landfill unit shall does not establish requirements for the ensure that the sewage sludge meets use or disposal of sewage sludge deterthe requirements in 40 CFR part 258 mined to be hazardous in accordance concerning the quality of materials with 40 CFR part 261. disposed in a municipal solid waste (f) Sewage sludge with high PCB conlandfill unit. centration. This part does not establish 208-169 D-27 or requirements for the use or disposal of sewage sludge with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry weight basis). (g) Incinerator ash. This part does not establish requirements for the use or disposal of ash generated during the firing of sewage sludge in a sewage sludge incinerator. (h) Grit and screenings. This part does not establish requirements for the use or disposal of grit (e.g., sand, gravel, cinders, or other materials with a high specific gravity) or screenings (e.g., relatively large materials such as rags) generated during preliminary treatment of domestic sewage in a treatment works. (i) Drinking water treatment sludge. This part does not establish requirements for the use or disposal of sludge generated during the treatment of either surface water or ground water used for drinking water. (j) Commercial and industrial septage. This part does not establish requirements for the use or disposal of commercial septage, industrial septage, a mixture of domestic septage and commercial septage, or a mixture of domestic septage and industrial septage. $ 503.7 Requirement for a person who prepares sewage sludge. Any person who prepares sewage sludge shall ensure that the applicable requirements in this part are met when the sewage sludge is applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. $ 503.8 Sampling and analysis. (a) Sampling. Representative samples of sewage sludge that is applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator shall be collected and analyzed. (b) Methods. The materials listed below are incorporated by reference in this part. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The materials are incorporated as they exist on the date of approval, and notice of any change in these materials will be published in the FEDERAL REG ISTER. They are available for inspection at the Office of Water Docket, room L-102, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC, and at the National Archives and Records Administration (NARA). For information on the avail. ability of this material at NARA, call 202–741-6030, go to: http:// www.archives.gov/federal__registeri code_of_federal_regulations/ ibr_locations.html. Copies may be obtained from the standard producer or publisher listed in the regulation. Methods in the materials listed below shall be used to analyze samples of sewage sludge. (1) Enteric viruses. ASTM Designation: D4994–89, “Standard Practice for Recovery of Viruses From Wastewater Sludges”, 1992 Annual Book of ASTM Standards: Section 11—Water and Environmental Technology, ASTM, 1916 Race Street, Philadelphia, PA 19103– 1187. (2) Fecal coliform. Part 9221 E. or Part 9222 D., “Standard Methods for the Examination of Water and Wastewater", 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005. (3) Helminth ova. Yanko, W.A., "Occurrence of Pathogens in Distribution and Marketing Municipal Sludges", EPA 600/1-87-014, 1987. National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB 88–154273/AS). (4) Inorganic pollutants. "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, Second Edition (1982) with Updates I (April 1984) and II (April 1985) and Third Edition (November 1986) with Revision I (December 1987). Second Edition and Updates I and II are available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB-87–120291). Third Edition and Revision I are available from Superintendent of Documents, Government Printing Office, 941 North Capitol Street, NE., Washington, DC 20002 (Document Number 955-00100000–1). (5) Salmonella sp. bacteria. Part 9260 D., "Standard Methods for the Examination of Water and Wastewater”, 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Amendments of 1972), Public Law 92Washington, DC 20005; or 500, as amended by Public Law 95–217, Kenner, B.A. and H.P. Clark, “Detec- Public Law 95-576, Public Law 96-483, tion and enumeration of Salmonella and Public Law 97-117, and Public Law 100Pseudomonas aeruginosa”, Journal of 4. the Water Pollution Control Federa (f) Domestic septage is either liquid or tion, Vol. 46, no. 9, September 1974, pp. solid material removed from a septic 2163–2171. Water Environment Federa tank, cesspool, portable toilet, Type III tion, 601 Wythe Street, Alexandria, marine sanitation device, or similar Virginia 22314. treatment works that receives only do(6) Specific oxygen uptake rate. Part mestic sewage. Domestic septage does 2710 B., "Standard Methods for the Ex not include liquid or solid material reamination of Water and Wastewater", moved from a septic tank, cesspool, or 18th Edition, 1992, American Public similar treatment works that receives Health Association, 1015 15th Street, either commercial wastewater or inNW., Washington, DC 20005. dustrial wastewater and does not in(7) Total, fired, and volatile solids. Part clude grease removed from a grease 2540 G., “Standard Methods for the Ex trap at a restaurant. amination of Water and Wastewater”, 18th Edition, 1992, American Public (g) Domestic sewage is waste and wastewater from humans or household Health Association, 1015 15th Street, NW., Washington, DC 20005. operations that is discharged to or oth erwise enters a treatment works. [58 FR 9387, Feb. 19, 1993, as amended at 69 (h) Dry weight basis means calculated FR 18803, Apr. 9, 2004) on the basis of having been dried at 105 $503.9 General definitions. degrees Celsius until reaching a con stant mass (i.e., essentially 100 percent (a) Apply sewage sludge or sewage solids content). sludge applied to the land means land (i) EPA means the United St tes Enapplication of sewage sludge. vironmental Protection Agency. (b) Base flood is a flood that has a one percent chance of occurring in any (j) Feed crops are crops produced prigiven year (i.e., a flood with a mag marily for consumption by animals. nitude equalled once in 100 years). (k) Fiber crops are crops such as flax (c) Class I sludge management facility and cotton. is any publicly owned treatment works (1) Food crops are crops consumed by (POTW), as defined in 40 CFR 501.2, re humans. These include, but are not quired to have approved limited to, fruits, vegetables, and topretreatment program under 40 CFR bacco. 103.8(a) (including any POTW located in (m) Ground water is water below the 1 State that has elected to assume land surface in the saturated zone. local program responsibilities pursuant (n) Industrial wastewater is wasteto 40 CFR 403.10(e)) and any treatment water generated in a commercial or inworks treating domestic sewage, as de dustrial process. fined in 40 CFR 122.2, classified as a (0) Municipality means a city, town, Class I sludge management facility by borough, county, parish, district, assothe EPA Regional Administrator, or, in ciation, or other public body (including the case of approved State programs, an intermunicipal Agency of two or the Regional Administrator in conjunc- more of the foregoing entities) created tion with the State Director, because by or under State law; an Indian tribe of the potential for its sewage sludge or an authorized Indian tribal organiuse or disposal practice to affect public zation having jurisdiction over sewage health and the environment adversely. sludge management; or a designated (d) Cover crop is a small grain crop, and approved management Agency such as oats, wheat, or barley, not under section 208 of the CWA, as grown for harvest. amended. The definition includes a spe(e) CWA means the Clean Water Act cial district created under State law, (formerly referred to as either the Fed- such as a water district, sewer district, eral Water Pollution Act or the Fed- sanitary district, utility district, eral Water Pollution Control Act drainage district, or similar entity, or an or an integrated waste management facility as defined in section 201(e) of the CWA, as amended, that has as one of its principal responsibilities the treatment, transport, use, or disposal of sewage sludge. (p) Permitting authority is either EPA a State with an EPA-approved sludge management program. (q) Person is an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof. (r) Person who prepares sewage sludge is either the person who generates sewage sludge during the treatment of domestic sewage in a treatment works or the person who derives a material from sewage sludge. (s) Place sewage sludge or sewage sludge placed means disposal of sewage sludge on a surface disposal site. (t) Pollutant is an organic substance, an inorganic substance, a combination of organic and inorganic substances, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the Administrator of EPA, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), physical deformations in either organisms or offspring of the organisms. (u) Pollutant limit is a numerical value that describes the amount of a pollutant allowed per unit amount of sewage sludge (e.g., milligrams per kilogram of total solids); the amount of a pollutant that can be applied to a unit area of land (e.g., kilograms per hectare); or the volume of a material that can be applied to a unit area of land (e.g., gallons per acre). (V) Runoff is rainwater, leachate, or other liquid that drains overland on any part of a land surface and runs off of the land surface. (w) Sewage sludge is solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in pri mary, secondary, or advanced wastewater treatment processes; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. (x) State is one of the United States of America, the District of Columbia. the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and an Indian Tribe eligible for treatment as a State pursuant to regulations promulgated under the authority of section 518(e) of the CWA. (y) Store or storage of sewage sludge is the placement of sewage sludge on land on which the sewage sludge remains for two years or less. This does not include the placement of sewage sludge on land for treatment. (2) Treat or treatment of sewage sludge is the preparation of sewage sludge for final use or disposal. This includes, but is not limited to, thickening, stabilization, and dewatering of sewage sludge. This does not include storage of sewage sludge. (aa) Treatment works is either a federally owned, publicly owned, or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature. (bb) Wetlands means those areas that are inundated or saturated by surface water or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. or Subpart B-Land Application $ 503.10 Applicability. (a) This subpart applies to any person who prepares sewage sludge that is applied to the land, to any person who applies sewage sludge to the land, to sewage sludge applied to the land, and to the land on which sewage sludge is applied. (b)(1) Bulk sewage sludge. The general requirements in $503.12 and the management practices in $503.14 do not apply when bulk sewage sludge is applied to the land if the bulk sewage sludge meets the ceiling concentrations in Table 1 of $ 503.13 and the pollutant concentrations in Table 3 of $503.13; the Class A pathogen requirements in $503.32(a); and one of the vector attraction reduction requirements in $503.33(b)(1) through (b)(8). (2) The Regional Administrator of EPA or, in the case of a State with an approved sludge management program, the State Director, may apply any or all of the general requirements in $503.12 and the management practices in $503.14 to the bulk sewage sludge in $503.10(b)(1) on a case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the bulk sewage sludge. (c)(1) The general requirements in $503.12 and the management practices in $ 503.14 do not apply when a bulk material derived from sewage sludge is applied to the land if the derived bulk material meets the ceiling concentrations in Table 1 of 8 503.13 and the pollutant concentrations in Table 3 of $503.13; the Class A pathogen requirements in $ 503.32(a); and one of the vector attraction reduction requirements in 8503.33(b)(1) through (b)(8). (2) The Regional Administrator of EPA or, in the case of a State with an approved sludge management program, the State Director, may apply any or all of the general requirements in 8503.12 or the management practices in 8503.14 to the bulk material in $503.10(c)(1) on case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the bulk sewage sludge. (d) The requirements in this subpart do not apply when a bulk material derived from sewage sludge is applied to the land if the sewage sludge from which the bulk material is derived meets the ceiling concentrations in Table 1 of $ 503.13 and the pollutant concentrations in Table 3 of 8 503.13; the Class A pathogen requirements in $ 503.32(a); and one of the vector attraction reduction requirements in $ 503.33(b)(1) through (b)(8). (e) Sewage sludge sold or given away in a bag or other container for application to the land. The general requirements in $503.12 and the management practices in $ 503.14 do not apply when sewage sludge is sold or given away in a bag or other container for application to the land if the sewage sludge sold or given away in a bag or other container for application to the land meets the ceiling concentrations in Table 1 of $ 503.13 and the pollutant concentrations in Table 3 of 8 503.13; the Class A pathogen requirements in $503.32(a); and one of the vector attraction reduction requirements in $ 503.33(b)(1) through (b)(8). (f) The general requirements in $ 503.12 and the management practices in $ 503.14 do not apply when a material derived from sewage sludge is sold or given away in a bag or other container for application to the land if the derived material meets the ceiling concentrations in Table 1 of $ 503.13 and the pollutant concentrations in Table 3 of $ 503.13; the Class A pathogen requirements in $ 503.32(a); and one of the vector attraction reduction requirements in $ 503.33(b)(1) through (b)(8). (g) The requirements in this subpart do not apply when a material derived from sewage sludge is sold or given away in a bag or other container for application to the land if the sewage sludge from which the material is derived meets the ceiling concentrations in Table 1 of $ 503.13 and the pollutant concentrations in Table 3 of 8503.13; the Class A pathogen requirements in $ 503.32(a); and one of the vector attraction reduction requirements in $503.33 (b)(1) through (b)(8). a (58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42568, Aug. 4, 1999) 8 503.11 Special definitions. (a) Agricultural land is land on which a food crop, a feed crop, or a fiber crop |
