SW-875
APPLICABILITY OF THE REGULATIONS TO SLUDGE GENERATED BY A POTW
Q. Is sludge generated by a POTW a hazardous waste?
1.
A. ° POTW sludge is a solid waste (see Section 261.2(a) and
Section 260.10(a)(63)). As a solid waste, it may be a
a hazardous waste.
0 POTW sludge is not listed as a hazardous waste but may
be a hazardous waste if it exhibits any of the charac-
teristics of hazardous waste identified in Part 261,
Subpart C.
0 POTW sludge is only likely to be a hazardous waste
because it exhibits the characteristic of EP toxicity
identified in Section 261.24.
Q. How do I determine whether my POTW sludge is a hazardous vaste?
2.
A. ° You are advised to test your sludge to determine if it
exhibits the characteristic of EP toxicity as defined
in Section 261.24, using the EP Toxicity Test Procedure
outlined in Part 261, Appendix II. Additional guidance
on this test procedure and the collection of representa-
tive samples for testing are provided in SW-846, Test
Methods for the Evaluation of Solid Wastes, Jul" 1980.
0 The regulations do not require that you test your sludge
to determine whether or not it is hazardous waste. You
are permitted to make this determination based on know-
ledge about your sludge (see Section 262.11). However,
EPA advises testing, particularly EP toxicity testing,
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where there are significant contributions of industrial
wastewater or stormwater into the POTW or where there
is any reason to believe that the sludge may exhibit
the EP toxicity characteristic.
0 You should also determine whether the POTW sludge
exhibits the other three characteristics of ignitability,
reactivity and corrosivity identified in Section 261.21,
261.22 and 261.23. EPA believes that POTW sludge will
rarely, if ever, exhibit these characteristics and
believes that a determination against these character-
istics can be made based on knowledge about the sludge .
without need of testing.
c The regulations place the responsibility of determining
whether a POTW sludge is a hazardous waste squarely on
the owner or operator of the POTW. He may choose any
method he likes to make this determination. If he
determines that his sludge is not a hazardous waste or
fails to make a determination, and EPA finds that the
sludge is a hazardous waste, then he is in violation of
the regulations.
When do I determine whether my POTW sludge is a hazardous waste?
A. ° First, you should determine whether your sludge is a
hazardous waste by or before August 18, 1980, so that
you can notify EPA, on or before August 18, 1980, if it
is a .hazardous waste in accordance with Section 3010 of
RCRA.
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0 After August 18, 1980, you should periodically determine
whether your sludge is a hazardous waste so that when
it is a hazardous waste, it can be designated and
managed as such, and so that you can notify that you
generate a hazardous waste if you have not previously
done so.
0 Importantly, the regulations require that any person
who generates a hazardous waste must notify EPA. If
you determined that your sludge was not a hazardous
waste by .or before August 18, 1980, and therefore you
did not notify EPA, and if you. should subsequently
determine that your sludge has become a hazardous waste,
you should notify EPA at that time.
0 When you notify EPA that you generate or manage a hazardous
waste, you will receive an EPA Identification Number.
Q. At what point in my treatment process do I determine whether
4. my sludge is a hazardous waste?
A. You should make this determination at the point that
the sludge is withdrawn from the tank (e.g., clarifier,
grit chamber) or impoundment in which the sludge is
formed, or as soon downstream as possible, but in any
case before the sludge is treated, stored or disposed of
on-site or is transported off-site for any of these
purposes.
Q. Can I have a private laboratory test my POTW sludge to determine
5. if it is a hazardous waste?
A. Yes. Or you can test the sludge yourself or otherwise
determine whether it is a hazardous waste.
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Q. How much does an EP test cost?
6.
A. One commercial laboratory charges $325.00 for analyzing,
without replication, one sludge sample for the EP toxicity
characteristic.
Q. Will EPA pay to test my sludge?
7.
A. No, but EPA will allow, under limited circumstances,
the cost of a one-time EP toxicity test as a grant
allowable cost in currently active and future construc-
tion grants projects.
Q. Must my screenings and grit also be considered as potentially
8. hazardous wastes?
A. Yes, you must also determine if your screenings and grit
are hazardous wastes.
Q. If I determine that my POTW sludge is a hazardous waste and I
9. notify EPA by or before August 18, 1980, what regulatory
provisions apply to me?
A. ° First, you are a generator of hazardous wastes and you
must:
0 Comply with the applicable requirements of Part 262.
Most of these requirements apply only if you ship
your sludge off-site. With respect to off-site
shipment, they include initiation of a manifest,
proper packaging, labeling and placarding, and
recordkeeping and reporting.
" Second, if you treat (e.g., digest or dewater), store
(e.g., in piles) or dispose of your sludge, you must:
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0 Submit Part A of a permit application in accordance
with Section 122.22(a)(l) toy November 19, 1980.
e Submit Part B of a permit application in accordance
with Section 122.22(a)(2) within six months after
being requested to do so by EPA.
0 Third, if you, yourself, transport the sludge for
off-site treatment, storage, or disposal, you must
comply with the requirements of Part 263.
Q. What is Interim Status and how does it affect me?
10.-
A: ° Interim Status is a designation which enables the owner
and operator of a facility that treats, stores, or
disposes of hazardous wastes to continue to operate
after November 19, 1980, and until a RCRA, Subtitle C
permit is issued or denied.
0 The regulations provide that an owner and operator of a
facility that treats, stores, or disposes of hazardous
waste can qualify for and obtain Interim Status if:
1. The facility is "in existence" (either in operation
or under construction) on October 21, 1976 (the
Congress is expected to enact a pending amendment to
RCRA that will change this date to October ^0, 1980).
2. He submits part A of a permit application in accordance
with Section 122.22(a)(l) by November 19, 1980.
3. He submits a notification under Section 3010 of RCRA
by August 18, 1980.
0 If these three conditions are not met, the owner and
ooerator does not obtain Interim Status.
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0 An owner and operator of a POTW that generates and
treats, stores or disposes of a sludge that is a
hazardous waste, now or in the future, can qualify for
and obtain Interim Status if he meets the above condi-
tions . He should do this so that he can continue to
treat, store or dispose of his sludge after November 19,
1980, and before a RCRA, Subtitle C permit is issued or
denied. If he qualifies for but fails to obtain Interim
Status then he will not be able to treat (e.g., digest
or dewater), store or dispose of his sludge, if and
when it is a hazardous waste, after November 19, 1980,
without being in violation of the regulations.
0 It can be argued that the regulations do not require
you to comply with the Interim Status Standards of
Part 265 (see Section 265.1(c)(3)). At the same time,
the regulations reflect an EPA intent to regulate POTW
sludge, when it is a hazardous waste, like all other
hazardous wastes, including the application of Interim
Status Standards. EPA recognizes that the regulations
are ambiguous on this point and is developing an amend-
ment to clarify this issue before November 19, 1980.
Q. If I do not notify EPA by or before August 18, 1980, that I
11. have a hazardous waste because I correctly determined that
my POTW sludge was not a. hazardous waste, and I subsequently
determine that my sludge has become a hazardous waste, what
do I do?
A. e First, you notify EPA at that time that you generate a
hazardous waste, as discussed above. EPA will issue you
an EPA Identification Number.
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0 Second, you must comply with the applicable requirements
of Parts 262 and 263.
0 Third, if you treat, store or dispose of your sludge
on-site, you must submit Part A and Part B of a permit
application in accordance with Section 122.26(b), and,
because you do not have Interim Status as explained
above, you must refrain from treating, storing or
disposing of your sludge on-site after November 19,
1980, until you are issued a RCRA, Subtitle C permit.
While waiting for the issuance of a permit, you must,
therefore, send your sludge to. a hazardous waste treat-
ment, storage or disposal facility that has Interim
Status or has been issued a RCRA, Subtitle C permit.
EPA recognizes that this may and often will present a
very difficult problem for POTWs caught in this pre-
dicament, because it will take time to issue a permit
and, in the interim, it forecloses on-site digestion,
dewatering and storage (except 90-day accumulation) of
the large volumes of sludge typically generated by a
POTW and requires unanticipated off-site transportation
of the sludge to hazardous waste facilities the' may
not be available and may be located long distances
away.
EPA is currently examining the unique problems
of POTW's regarding compliance with this provision.
Pending any change, however, it becomes extremely
important for the owner and operator of a POTW to
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obtain Interim Status so that he can continue to treat,
store or dispose of his sludge pending issuance or
denial of a permit if his sludge becomes a hazardous
waste at some point in the future. To obtain Interim
Status, the owner or operator must have notified EPA
by August 18, 1980, and submitted Part A of a permit
application by November 19, 1980 as addressed above.
Therefore, if the owner or operator of a POTW has any
reason to believe that his sludge is likely to be a
hazardous waste at any point in the future, he should
notify and submit a Part A on the dates given above
even though his sludge is not now a hazardous waste.
Q. If my sludge is a hazardous waste, and I ship it to a land
12. disposal facility, what requirements apply?
A. ° First, you are required to notify as a generator of
hazardous waste by August 18, 1980, as discussed above.
0 Secondly, you are required to comply with the requirements
of Part 262 which require, among other things, that you
send the sludge only to a hazardous waste disposal facil-
ity that has Interim Status or a permit issued under
Subtitle C of RCRA, and that you initiate a manifest
for the shipment of the sludge.
0 Thirdly, if you treat or store the sludge before
shipment, you are required to submit Part A of a permit
application by November 19, 1980, as discussed above.
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Q. Same question as above except that I perform the land disposal;
13. what requirements apply?
A. You must meet the same requirements as outlined in the
answer to Question 12, plus you must submit Part A of a
permit application by November 19, 1980, covering your
land disposal activity.
Q. If my sludge is a hazardous waste and I ship it to a person
14. who land spreads the sludge for beneficial use as a fertilizer
or soil conditioner, what requirements apply? What require-
ments apply if I perform the beneficial land spreading myself?
A. ° Because the sludge is being beneficially used, its actual
use — the land spreading of the sludge — is exempt from
regulation at this time (See Section 261.6(a)). There-
fore, the person using the sludge is not now regulated
by the regulations; he does not have to be a hazardous
waste management facility having Interim Status or a
RCRA permit. It should be noted, however, that EPA is
examining this exemption and is considering an amendment
to the regulations that would apply some or all of the
land treatment requirements of Part 265, Subpart M,
and, perhaps, other requirements to the beneficial land
spreading of POTW sludge. Until such an amendment is
promulgated and becomes effective, the beneficial land
spreading of POTW sludge is not regulated under Subtitle C
of RCRA.
0 However, the transportation and storage (by your or other
persons) of your sludge is regulated by the regulations
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(see Section 261.6(b)). This means that you are required
to:
0 Notify as a generator of hazardous wastes by August 18,
1980, as discussed above.
0 Comply with the requirements of Part 262.
e Comply with the requirements of Part 263 if you
provide the transportation for the sludge.
0 Submit Part A of the permit application by November 19,
1980, as discussed above, if you provide storage of
the sludge.
0 If you do the beneficial land spreading of your sludge,
the same requirements as discussed above apply with
respect to transportation and storage. No requirements
apply to the actual land spreading.
Q. - If my sludge is a hazardous waste and I land spread it but
15. not for the beneficial purpose of fertilizing or conditioning
soils, what requirements apply?
A. Such an activity does not qualify as a beneficial use -
subject to the special requirements of Section 261.6.
Such activity is land disposal and your must meet the
requirements outlined in the answer to question 12.
Q. If my sludge is a hazardous waste and I incinerate it on-site
16. without recovering energy, what requirements apply?
A. e You must notify as a generator and a treater and, if
you store the sludge, as a storer of hazardous waste by
August 18, 1980, as discussed above.
0 You must also submit Part A of a permit application
covering the incineration (and any storage or treatment)
by November 19, 1980.
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0 You may also be a generator of incinerator ash which is
a hazardous waste (see Section 261.3(c)) and, if so,
you must include this information in your notification
and also in your Part A permit application if you
store or dispose of this ash.
Q. If my sludge is a hazardous waste and I incinerate it to recover
17. energy, what requirements apply?
A. The answer parallels that given to Question 14. The
incineration is a legitimate recycling of hazardous
waste and is currently exempt from regulation but may
be regulated in the future. Any storage or transporta-
tion of the sludge prior to incineration is subject to
the regulations and you are required to meet those re-
quirements outlined in the answer to Question 13.
Q. If my sludge is a hazardous waste and I compost or otherwise
18. treat it for give-away or sale for beneficial use as a fertil-
izer or soil conditioner, what requirements apply?
A. Again, the answer parallels that given to Question 14.
The composting or other treatment is part of a beneficial
use of the sludge (see 261.6(a)(2)) and is currently
exempt from the regulations but may be regulated in the
future. Any transportation or storage of the sludge
prior to or after composting or treatment is subject to
the regulations and you are required to meet those
requirements outlined under Question 13.
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APPLICABILITY OF THE REGULATIONS TO HAZARDOUS WASTES RECEIVED
BY POTW'S
Q. If hazardous wastes are discharged into my POTW sewer system
19. through sewer connections into the system, what requirements
apply?
A. Hazardous wastes mixed into domestic sewage through
sewer connections into a POTW sewer system are not sub-
ject to the regulations (see Section 261.4(a)(1)(ii)) .
However, comments have been solicited on this interim
final exemption and it possibly could change when any
comments received are assessed and this provision is
finalized.
Q. If I receive, into my POTW, hazardous wastes delivered by
20. truck or rail or any other non-sewer conveyance, what
requirements apply?
A. The regulations allow you to receive such hazardous wastes
but require you to comply with the requirements of Section
122.26. Under these requirements, you must have and be
in compliance with an NPDES permit, must have notified
under Section 3010 of RCRA and thereby received an EPA
Identification Number, must comply with the manifest
requirements with respect to the hazardous wastes received,
must comply with certain reporting and recordkeeping
requirements and must comply with Federal, State and
local pretreatment requirements that would be applicable
to the hazardous wastes received if they had been received
by the POTW through a sewer connection. If you comply
with these requirements of Section 122.26, you have a
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permit by rule and do not have to submit part A of a
permit application with respect to your receipt and
handling of such hazardous wastes.
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EPA Regional Notification Contacts
Area Served
Notification Contact
and Telephone Number(s)
Connecticut, Maine Rich Cavagnero
Massachusetts, Rhode Island EPA Region I
Vermont, New Hampshire (617) 223-0240
New Jersey, New York Harry Ruisi
Virgin Islands, Puerto Rico EPA Region II
(212) 264-0503
Delaware, District of Columbia Shirley Bulkin
Maryland, Pennsylvania, EPA Region III
Virginia, West Virginia (215) 597-8751
Alabama, Florida, Georgia Ray Cozart
Kentucky, Mississippi, EPA Region IV
North Carolina, South Carolina, (404) 881-3446
Tennessee
Illinois, Indiana, Michigan Y. J. Kim
Minnesota, Ohio, Wisconsin EPA Region V
800-572-3176 (IL)
800-621-3192 (IN, MI,
MN, OH, WI)
Arkansas, Louisiana, New Mexico, Fred Woods
Oklahoma, Texas EPA Region VI
(214) 767-2765
Iowa, Kansas, Missouri Dennis Degner
Nebraska EPA Region VII
800-892-3837 (MO)
800-821-3714 (IA, KS, NE)
Colorado, Montana, North Jim Rakers
Dakota, South Dakota, Utah, EPA Region VIII
Wyoming (303) 837-222:
800-332-3321 (CO)
800-525-3022 (MT, ND, SD,
UT, WY)
Arizona, California, Hawaii, Bill Wilson
Nevada, Guam, American Samoa, EPA Region IX
Commonwealth of the Northern (415) 556-1407
Marianas
Alaska, Idaho, Oregon, Betty Wiese
Washington . EPA Region X
(206) 442-1260
800-542-0841 (WA)
800-426-0668 (AL, ID, OR)
SW-875
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