Office of
                        Wastewater Management
                        (4203)
 Sludge Use or Disposal Regulations Fact Sheet Series
                     The  National  Sewage
                            Sludge  Program
 Legal Authority
     As mandated by the Clean Water Act
 of 1987, EPA has issued national standards
 regulating the  use or disposal of sewage
 sludge. These standards, promulgated in 40
 CFR Pan 503,  in conjunction with  the
 permitting requirements established  in 40
 CFR Parts 122, 123, and 501, make up the
 regulatory  framework  of  the National
 Sewage Sludge Program.

 Who is Regulated?
     Part 503 generally regulates treaters
 and preparers of sewage sludge that will be
 land applied, incinerated, or placed on a
 surface disposal site,  as  well as the
 generators and end users or disposers of the
 sewage sludge.

 What is Regulated?
     The National Sewage Sludge Program
 generally regulates all sewage sludge that is
 used or disposed  through land application,
 surface disposal, or incineration.
     What is sewage sludge?
     Sewage sludge is  defined  as a "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 primary, secondary, or
 advanced wastewater treatment processes;
 and material derived from sewage sludge."
 (Materials derived  from sewage sludge
 include the products of sludge composters
 and digesters, treated sewage sludge which
 is bagged for sale as fertilizer, or any other
 type of processed or treated sewage sludge
 which is land applied, incinerated, or placed
 in a  surface disposal site.) "Sewage sludge
 does not include ash generated during the
 firing of sewage sludge in a sewage sludge
 incinerator or grit and screenings generated
 during the preliminary treatment of domestic
 sewage hi a treatment works." (§503.9(w))
     Domestic septage  is also regulated by
 Pan 503.  Domestic septage is "liquid or
 solid material removed from a septic tank,
 cesspool, portable toilet, Type  in marine
 sanitation device, or similar treatment works
that  receives  only  domestic  sewage..."
(§503.9(f))
    Currently excluded from regulation
under Pan 503 are  industrial sludge and
septage  from industrial or  commercial
facilities. Generally, sludge generated at an
industrial facility is  not regulated by Pan
503. However, if the domestic wastewater
is segregated from the process water, the
sewage sludge generated by the treatment of
the domestic wastewater is covered by Pan
503.
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    Sludges classified as hazardous and
sludges  containing 50  mg/kg  or  more
polychlorinated biphenyls (PCBs) are also
not regulated in Pan 503, but are subject to
other regulatory requirements.

When    is     Compliance
Required?
    Deadlines for compliance with Pan 503
regulations were established in the Clean
Water Act of 1987.  In most cases, Part 503
is  a  "self-implementing" regulation;  it is
directly enforceable even in the absence of
a permit. Pan 503 requires compliance with
the  monitoring   and  recordkeeping
requirements (except for monitoring of total
hydrocarbon emissions in incinerator exit
gases) by July 20, 1993.  Pan 503 requires
compliance with all other standards as soon
as  possible, but no later  than February 19,
                 Updated August 1994

 1994 (or February 19, 1995, if construction
 of a pollution control facility is  required to
 comply with the  regulation).  Currently,
 there are  no compliance deadlines for the
 THC Standard and Monitoring requirements
 in the absence of direction by a permitting
 authority.   EPA  plans to establish these
 compliance  deadlines  in  a future  rule
 making.

 Permits:  Who Applies for
 One, and Who Doesn't?
    Section 405(f) of the Clean Water Act
 requires  National  Pollutant  Discharge
 Elimination System (NPDES) permits issued
 to publicly owned treatment works and other
 treatment works treating domestic sewage to
 contain conditions implementing Pan 503.
 EPA has defined treatment works treating
 domestic sewage to be  "a [publicly owned
 treatment works] or any other sewage sludge
 or wastewater treatment devices  or systems,
 regardless of ownership (including federal
 facilities)  used  in  the storage,  treatment,
recycling, or reclamation of municipal or
domestic sewage, including land dedicated
 for the disposal of sewage sludge. This
definition  does not include septic tanks or
 similar devices  ...  In States where there is
 no  approved  State  sludge  management
program... the Regional Administrator may
designate any person subject to the standards
for sewage sludge use  and disposal in 40
CFR  Part  503 as  a 'treatment works
treating domestic sewage,'  ... when he or
she finds that such designation is necessary
to ensure that such person is in compliance
with 40 CFR Part 503" (§122.2).
   Important Notice:
   Compliance is required by

   the dates above,

   regardless of  whether a

   permit has been issued.

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Sludge Use or Disposal Regulations Fact Sheet Series
                                                           Updated August 1994
         Practices and
         Materials Not
         Regulated  by
      40 CFR Part 503
   • Non-hazardous industrial sludge
     (Part 257)

   • Drinking water treatment sludge

   • Industrial sludge  generated at
     an industrial facility by
     treatment of sanitary
     wastewatar mixed with process
     waste water (Part 257*}

   • Hazardous sludge (Parts 261-
     2B8*

   • Sludge containing 50 mg/kg or
     more of potychlorinated
     biphenyte (PCBs) (Part 761}

   • Sewage sludge co-incinerated
     with more than 30% municipal
     solid waste (Part 60)  :

   » Sewage sludge incinerator ash

   * Grit and  screenings removed
     during the preliminary treatment
     of domestic sewage m a
     treatment works

   • Sewage sludge ultimately used
     as a feed supplement for
     animals

   * Thermal conversion of sewage
     sludge to oil which is used to
     generate steam and electricity

   • Use of shidge slag as concrete
     aggregate* for road subbase, in
     making pavement blocks, or as
     raw material to produce other
     building materials

   • Use of sludge in  concrete and
     bituminous: mixes

  •••* Commercial or industrial
     septage, or any mixture of
     commercial and/or industrial
     septage with domestic septage
   * Septage disposed of at • POTW
    or other treatment works

   8 Practices which may be
    regulated by the National
    Sewage Sludge Program in the
    future.
     Under this definition,  facilities which
must apply  for  a  permit  include  the
generators, treaters, and disposers of sewage
sludge.  All generators of sewage sludge
that will be land applied, incinerated, placed
in a surface  disposal site, or sent to  a
municipal  solid waste landfill, will need to
apply for a permit.  Also, all persons who
change the quality (i.e., change the pathogen
level, the vector attraction characteristics, or
the pollutant concentration) of sewage sludge
that  will be land  applied,  incinerated, or
placed  in a surface disposal site, will need
to apply for a permit.
     For example, a  composting  facility
would be  required to apply for a permit,
because composting reduces the level of
pathogens  in the sewage sludge.   On the
other hand,  a facility that only dewaters
sewage  sludge  is  not considered  to be
changing  sludge  quality  and,  therefore,
would not  need to  apply for a permit.
     Surface disposal facilities and sewage
sludge  incinerators will also need to apply
for a permit.  Land  appliers who  do not
generate or change the quality of the sewage
sludge will not need to apply for a permit.
     Septic tanks and similar devices, such
as portable toilets, are excluded from the
definition  of  treatment  works  treating
domestic  sewage.    Domestic  septage
pumpers, haulers, treaters, and land appliers
will  generally not need to  apply  for  a
permit.    However,  centralized  septage
treatment facilities may be required to apply
for a permit.

When  Are Permit
Applications Due?
     Facilities seeking site-specific permit
limits (as  authorized by Pan  503)  must
submit  permit applications within 180 days
after publication of Part  503 (August 18,
1993).  All sewage sludge incinerators will
be required to  submit applications for site-
specific permits  limits.    Any  surface
disposal facility may request site-specific
permit  limits.
     Facilities  must  request site-specific
permit  limits  during  the  initial  180-day
period, and may not be allowed to request
them later, unless the applicant can show
"good  cause"  exists (e.g., a  change in
disposal practice or a new site that could not
be anticipated during the  initial  180-day
period).
     Other  facilities  which already  have
NPDES permits must file sewage sludge
application  information  with the sludge
permitting authority at the time of their next
NPDES permit renewal application.
     Facilities which  do  not have NPDES
permits are  referred to  as "sludge-only"
facilities.   These  facilities  may  include
composting   facilities,   non-discharging
sewage treatment plants and other facilities
which generate, treat, or  dispose of sewage
sludge but do not have NPDES permits.  If
these facilities are required to (or want to)
apply for site-specific permit limits, they
must submit permit applications within  the
180-day period described above. Otherwise,
these facilities will be required to submit
limited  permit application  information  by
February 19, 1995.

Who   is   the   Permitting
Authority?
     In most cases the Permitting Authority
will be the EPA Regional Office.  EPA is
working  with  State agencies  in   the
development of approved State programs to
administer  the   Federal  sewage  sludge
regulations.  Contact your EPA Regional
Sludge Coordinator (listed  on the back of
this fact sheet) for more information on  the
Permitting Authority or permit applications.
        Pollutants  with
        Numeric Limits

   Land Application

   arsenic      cadmium   chromium
   copper      lead      mercury
   nickel       selenium   zinc
   molybdenum

   Unlined Surface Disposal Sites

   arsenic      cadmium   nickel

   Lined Surface Disposal Sites

   none

   Sewage Sludge Incinerators

   lead        cadmium   chromium
   nickel       mercury   beryllium
   total hydrocarbons (a surrogate for
   organic compounds in the exit gas)

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 Sludge Use or Disposal Regulations Fact Sheet Series
                                                         Updated August 1994
 Regulated     Use     and
 Disposal Practices
 Land Application
     Land  application is defined  as "the
 spraying or spreading of sewage sludge onto
 the land surface; the injection of sewage
 sludge  below the  land  surface;  or  the
 incorporation of sewage sludge into the soil
 so that sewage sludge can either condition
 the soil  or fertilize crops or vegetation
 grown in the soil" (§503.11(h)).  Examples
 are: use at  reclamation sites as  a soil
 conditioner; use  by sod farms;  and  the
 distribution  of sludge as  a  commercial
 fertilizer.

 Surface Disposal
    A surface disposal site is an area which
 contains one or more "sewage sludge units,"
 where only sewage sludge is placed for final
 disposal.   This   term  does not  include
 municipal solid waste landfills  that accept
 sewage sludge. Furthermore, this does not
 include  land  on  which  sewage sludge  is
 placed  for  either  storage  or  treatment
 (§503.21 (n) and  (p)).
    As   a  rule   of  thumb,   storage  is
 placement of sludge on a site for up to 2
 years.  If sewage sludge is stored for more
 than 2 years, then a rationale supporting the
 need for the  additional  time  should be
 submitted to the  permitting  authority. For
more information on storage, call your EPA
Regional Sludge Coordinator.
    Disposal  in  a municipal  solid  waste
landfill (MSWLF) is  not considered surface
disposal.  A generator who sends  sewage
sludge to a MSWLF needs to apply for a
permit, but the MSWLF is not regulated by
the National Sewage Sludge Program.
    Examples of surface disposal  include
disposal in a sewage sludge monofill and the
trenching of septage.

Incineration
    Incineration   is   defined   as  the
combustion  of  the   organic matter  and
 inorganic matter  in sewage sludge  at high
temperatures in an enclosed device that fires
only sewage sludge  and an auxiliary fuel.
The auxiliary fuel can include, but is not
limited to, natural gas, fuel oil, coal, and
municipal  solid  waste.   Municipal solid
waste can be up to 30% of the combined dry
weight of  the  sewage  sludge and the
municipal solid waste. Hazardous waste is
not considered an auxiliary fuel (§503.41(b),
(g) and (k)).
                     Are You Regulated by
        The National Sewage  Sludge  Program?
                                     Yes -» You are regulated and will need
                                           to apply for a permit.
                                     Yes -* You will need to apply for a
                                           permit.  However, the municipal
                                           solid waste landfill is not
                                           regulated by Part 503 and will
                                           not need to apply  for a permit.

                                     Yes -* You are regulated  and will need
                                           to apply for a permit.
Are you a publicly owned treatment
works or other generator of sewage
sludge regulated by Part 503*?

     No
     I
Do you send sewage sludge to a
municipal solid waste landfill?

     No
     I
Are you an industrial facility which
separately treats domestic
wastewater and generates sewage
sludge regulated by Part 503*?

     No
     t
Do you change the quality t of
sewage sludge regulated by Part
503*?

     No
     I
Do you operate a sewage sludge
incinerator or a sewage sludge
surface disposal she?

     No
     I
Do you treat or dispose of pumpings
from septage tanks or similar
devices?

     No
     I
Do you just land apply sewage
sludge?

     No
     I
Do you just handle or distribute
sewage sludge?

     No
     I
You are probably not regulated by
the National Sewage Sludge
Program.
'Part 503 only regulates sewage sludge which is land applied, incinerated in a
sewage sludge incinerator, or placed in a surface disposal unit.

TTo change the sewage sludge quality means to alter one of the regulated sludge
quality  criteria. The criteria are: pathogens, vector attraction characteristics, and
regulated organic and inorganic pollutants.
                                     Yes -» You are regulated and will need
                                           to apply for a permit.
                                     Yes -* You are regulated and will need
                                           to apply for a permit.
                                     Yes -» You are regulated, but generally
                                           do not need to apply for a permit.
                                           However, if you treat septage at
                                           a centralized facility, you may be
                                           required to apply for a permit.
                                     Yes -» You are regulated, but generally
                                           do not need to apply for a permit.
                                     Yes -» You may be subject to some
                                           aspects of the National Sewage
                                           Sludge Program, but generally do
                                           not need to apply for a permit.

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Sludge Use or Disposal Regulations Fact Sheet Series
                                                        Updated August 1994
Publication Sources
us EPA
Office of Water Resource Center
    OWRC
    RC-4100
    401 M Street, SW
    Washington, DC 20460
    Tele: (202)260-7786
US EPA
Education Resources Information Center
(ERIC/CSMEE)
    1929 Kenny Road
    Columbus, OH 43210-1080
    Tele: (614) 292-6717
    Fax: (614)292-0263
         (800) 276-0462

US EPA
Center  for   Environmental  Research
Institute (CERT)
    P.O. Box 19963
    Cincinnati, OH  45219-7562
    Tele: (513) 569-7562
    Fax: (513)569-7566
National Technical Information Service:
    NTIS
    U.S. Department of Commerce
    5285 Port Royal Rd.
    Springfield, VA 22161
    Tele: (703) 487^650
         (800) 553-6847
National Small Flows Clearinghouse:
    NSFC
    c/o West Virginia University
    P.O. Box 6064
    Morgantown, WV 26506-6064
    Tele: (800) 624-8301
Federal Register Notices
    Part  503 was published on February
19, 1993, at 58 Federal Register (FR) 9248.
Amendments to the National Sewage Sludge
Program permit application deadlines were
also published on February 19, 1993, at 58
FR 9404. Another amendment to Part 503
was published February 25,1994, at Federal
Register 59 (FR) 9095 for changes to the
molybdenum limits for land application and
the total hydrocarbons standard for sewage
sludge incinerators.
    Most Federal Depository Libraries
receive copies  of the  Federal Register.
Many  college,  university,  and  public
libraries are Federal Repository Libraries.
Also check EPA Regional libraries.
        Sludge Publications
        Guidance Documents
  Available from OWRC, FJUC, NSFC,
  CERI and NTIS.  All documents are
  not available from all sources. Call
  OWRC to determine best source for
  specific information.
   UNITED STATES MAP GOES HERE
                          UNDER DEVELOPMENT
EPA Regions
                 Regional Sludge Coordinators
  REGION 1
  Thelma Hamilton (WMS)
  JFK Federal Bldg.
  One Congress St.
  Boston, MA 02203
  Tele: (617)  565-3569

  REGION 2
  Alia Roufaeal
  26 Federal Plaza
  New York,  NY 10278
  Tele: (212)  264-8663

  REGION 3
  Ann Carkhuff
  (3WM55)
  841 Chestnut St.
  Philadelphia, PA 19107
  Tele: (215)  597-9406

  REGION 4
  Vince Miller
  345 Courtland St. N.E.
  Atlanta, GA 30365
  Tele: (404)  347-3012 x2953

  REGION 5
  Ash Sajjad
  (5WQP - 16J)
  77 W.  Jackson Blvd.
  Chicago, IL 60604-3590
  Tele: (312) 886-6112
REGION 6
Stephanie Kordzi
(6W-PM)
1445 Ross Ave #1200
Dallas, TX 75202-2733
Tele: (214) 665-7520

REGION 7
John Dunn
726 Minnesota Ave.
Kansas City, KS 66101
Tele: (913) 551-7594

REGION  8
Bob Brobst or Tom Johnson
(8WM-C)
999 18th St., Suite 500
Denver, CO 80202-2405
Tele: (303) 293-1627 (Bob)
     (303) 293-1260 (Tom)

REGION 9
Lauren Fondahl
75 Hawthorne St.  (W-5-2)
San Francisco, CA 94105
Tele: (415) 744-1909

REGION 10
Dick Hetherington
1200 Sixth Ave. (WD-134)
Seattle, WA 98101
Tele: (306) 553-1941

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