United States
Environmental Protection
Office of Water
Washington, DC 20460
November 1992
                    Availability of Removal Credits
                            (Revisions to 40 CFR
                           Part 403) --  Fact Sheet

Removal credits increase the amount of a
pollutant that an industrial user (IU) may
discharge to a Publicly Owned Treatment Works
(POTW) and still comply with national
categorical pretreatment standards. Removal
credits do this by taking pollutant removal by
the POTW into account when the POTW sets
discharge limits for the IU. Removal credits are
intended to prevent redundant treatment where
the IU and the POTW to which it discharges
remove the same pollutant. Clean Water Act
(CWA) section 307(b) (1) allows removal credits
provided that:

  The combined pollutant removal by the
   POTW and the IU equals what is required of
   direct dischargers, and

  Revising the standard does not prevent the
   POTW's use  or disposal of its sludge in
   accordance with CWA 405.

The U.S. Court of Appeals for the Third Circuit
ruled in 1986 that removal credits could  not be
granted until EPA promulgates its sludge use
and disposal regulations under  the 1987
Amendments to the Clean Water Act (CWA).
Those regulations are being promulgated today.

Effect of Today's Rule on the  Availability of
Removal Credits

Today's rule makes removal credits available for
73 pollutants in POTW sludges that are used or
disposed of in a manner covered by these

 An appendix containing two lists of pollutants
 that are eligible for removal credit  is being
 added to the removal credit regulations at 41)
 CFR 403.7.

  The first list, Appendix G-I,  contains the
   pollutants controlled for the various use i>r
   disposal practices regulated by  the Part 503
                               regulation. If a POTW complies with the
                               pollutant limit for its use or disposal practice
                               and complies with the other requirements in
                               Part 503 for that practice, the POTW may be
                               approved to grant removal credits for that
                               pollutant so long as other EPA procedural
                               and substantive requirements found at 40
                               CFR 403.7 are met.

                              The second list, Appendix G-II, lists certain
                               pollutants by use or disposal practice and a
                               concentration for each pollutant. EPA has
                               determined that these pollutants do not pose
                               an unreasonable risk to public health and the
                               environment at the concentrations listed. If
                               the concentration  of a pollutant in a POTW's
                               sludge is below the listed amount, the POTW
                               may apply to EPA (or an approved state
                               program) for removal credit authority for that
                               pollutant under 40 CFR 403.7.

                              In addition, removal credits are available for
                               pollutants  in sludge that is sent to a
                               Municipal  Solid Waste Landfill that complies
                               with EPA's separate rule applicable to those
                               facilities (40 CFR 258).

                             Removal credits are not available for all
                             pollutants or  use and disposal practices at this
                             time. For some pollutants they are available only
                             tor a limited number of use or disposal practices.

                             Removal credits will be available for additional
                             pollutants  and sludge use and disposal practices
                             only when EPA, after public notice and
                             comment, controls those pollutants or
                             determines that they do not present an
                             unreasonable risk to public health and the
                             environment when present in sewage sludge.

                             EPA's Plans for Additional Pollutants

                             EPA will evaluate additional pollutants as it
                             prepares the  second round of Part 503
                             regulations as required by the 1987
                             Amendments to the CWA.