United States
                Environmental Protection
Office of Water
Mail Code 4304
February 1994
                FACT  SHEET
                 USE AND  DISPOSAL  RULE
On November 25, 1992, EPA promulgated the Sewage Sludge Use and Disposal Rule to
protect human health and the environment pursuant to Section 405 (d) and Section 405(e)
of the Clean Water Act (58 Federal Register 9248, February 19,  1993).  Since this rule
was published, ten  litigants have filed  petitions  requesting review of ten critical issues
relevant  to the final Rule.  EPA's Office of Water has reviewed the issues raised by the
litigants and has determined that further review is warranted for two of the issues: (1) the
scientific basis for the molybdenum standards for  land application, and (2) the requirement
for  certain incinerators to  continuously  monitor incinerator  emissions  for  total
hydrocarbons  (THC).

Section  553  of  the  Administrative
Procedures Act   provides  tha: when an
agency for good cause finds that notice
and public procedure are  impracticable,
unnecessary  or  contrary  to the  public
interest,  it may issue  a  rule  without
providing notice  and comment and make
the rule effective immediately  (5 LJ.S.C.

The U.  S.  Environmental  Protection
Agency is promulgating amendments to
the  final Sewage  Sludge  Use  and
Disposal Rule  (40 CFR Part 503) under
the  authority  of  sections 405(d) and
405(e) of the Clean Water Act.  Section
405(d) requires EPA to establish  sewage
sludge use and disposal standards for the
toxic  po Iutants   in  sewage   sludge
adequate to protect public Health  and the
environment   a g a \ r~ s t   r e a s o r. a D  y
anticipated  adverse  effects  of these
pol'utants. Section 405(e; prohibits any
person  from disposing of sludge from a
 publicly-owned treatment works or other
 treatment works treating domestic sewage
 except in  compliance  with the section
 405 regulations.

 The  Notice deletes  the  pollutant limits
 (i.e.,  the  cumulative pollutant loading
 rate, the pollutant concentration, and the
 annual  pollutant   loading  rate)  for
 molybdenum  until  EPA  completes  a
 reevaluation   of  the  issue.    This
 reevaluation will  include an analysis of
 information that was received from the
 litigants as well as other information that
 has been obtained by the Agency.
  Based  on  an initial  review  of  the
  information,  it  appears  that the  current
  molybdenum limits for  land application
  may be too  stringent.   EPA expects to
  propose new molybdenum limits in the
  near future. The rule does not  affect the
  ceiiing value  for molybdenum.

  The Notice also modifies the applicability
  of   the   continuous   monitoring

requirements for total hydrocarbons for
certain incinerators. The current Part 503
Rule requires operators of sewage sludge
incinerators  to  continuously  monitor
incinerator emissions for THC to  ensure
compliance  with the  100  ppm THC
operational standard.

The  Notice amends the applicability  of
this requirement for sludge incinerators if
the  incinerator  is  complying  with   a
monthly average carbon monoxide (CO)
emissions  limit  of  100  pprn  and  is
complying   with   continuous  CO
monitoring requirements.  Based on  a
preliminary   evaluation,  the  Agency
believes that if such facilities are  meeting
the 100 ppm CO  level, the likelihood is
substantial  that  these  facilities  are
meeting the THC operational standard.

This action provides  some relief to the
operators of  these  incinerators who
otherwise would  have  to  invest  in
equipment to  continuously monitor  for
THC in addition to CO.  EPA may further
amend  the  Part  503  regulation after
additional evaluation of this issue.
Copies  of the final rule  containing the
amendments to Part 503 may be obtained
from the address below:

U.S. Environmental Protection Agency
Water Resource Center
(Mail Code RC-4100)
401 M Street, S.W.
Washington, D.C.  20460
For further information please contact:

Alan Hais or Maria Gomez-Taylor
U.S. Environmental Protection Agency
Office of Water
Sludge Risk Assessment Branch
(Mail Code - 4304)
401 M Street, S.W.
Washington,  D.C.  20460