United States
Environmental Protection
Agency
Office of Water
Mail Code 4304
EPA-822-F-94-001
February 1994
FACT SHEET
AMENDMENTS TO FINAL SEWAGE SLUDGE
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).
PROCEDURAL REQUIREMENTS
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.
553).
BACKGROUND
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.
SUMMARY OF NOTICE
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
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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
202-260-7786
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
AVAILABILITY OF DOCUMENTS
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