501.32 40 CFR Ch. I (71 01 Edition)...814 501.32 40 CFR Ch. I (7–1–01 Edition) and of the CWA...

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40 CFR Ch. I (7–1–01 Edition)§ 501.32

and of the CWA and after taking intoconsideration all comments received. Aresponsiveness summary shall be pre-pared by the Regional Office whichidentifies the public participation ac-tivities conducted, describes the mat-ters presented to the public, summa-rizes significant comments receivedand explains EPA’s response to thesecomments.

(e) The State and EPA may extendthe 90-day review period by mutualagreement.

(f) If the State’s submission is mate-rially changed during the 90-day re-view, either as a result of EPA’s reviewor the State action, the official reviewperiod shall begin again upon receipt ofthe revised submission.

(g) Notice of program approval shallbe published by EPA in the FEDERALREGISTER.

(h) If the Administrator disapprovesthe State program he or she shall no-tify the State of the reasons for dis-approval and of any revisions or modi-fications to the State program whichare necessary to obtain approval.

§ 501.32 Procedures for revision ofState programs.

(a) Any State with an approved Stateprogram which requires revision tocomply with amendments to federalregulations governing sewage sludgeuse or disposal (including revisions tothis part) must revise its programwithin one year after promulgation ofapplicable regulations, unless eitherthe State must amend or enact a stat-ute in order to make the required revi-sion, in which case such revision musttake place within 2 years; or a differentschedule is established under theMemorandum of Agreement.

(b) State sludge management pro-grams shall follow the procedures forprogram revision set forth in 40 CFR123.62.

[54 FR 18786, May 2, 1989, as amended at 63FR 45127, Aug. 24, 1998]

§ 501.33 Criteria for withdrawal ofState programs.

The criteria for withdrawal of sludgemanagement programs shall be thoseset forth in 40 CFR 123.63.

§ 501.34 Procedures for withdrawal ofState programs.

The procedures for withdrawal ofsludge management programs shall bethose set forth in 40 CFR 123.64.

PART 503—STANDARDS FOR THEUSE OR DISPOSAL OF SEWAGESLUDGE

Subpart A—General Provisions

Sec.503.1 Purpose and applicability.503.2 Compliance period.503.3 Permits and direct enforceability503.4 Relationship to other regulations.503.5 Additional or more stringent require-

ments.503.6 Exclusions.503.7 Requirement for a person who pre-

pares sewage sludge.503.8 Sampling and analysis.503.9 General definitions.

Subpart B—Land Application

503.10 Applicability.503.11 Special definitions.503.12 General requirements.503.13 Pollutant limits.503.14 Management practices.503.15 Operational standards—pathogens

and vector attraction reduction.503.16 Frequency of monitoring.503.17 Recordkeeping.503.18 Reporting.

Subpart C—Surface Disposal

503.20 Applicability.503.21 Special definitions.503.22 General requirements.503.23 Pollutant limits (other than domestic

septage).503.24 Management practices.503.25 Operational standards—pathogens

and vector attraction reduction.503.26 Frequency of monitoring.503.27 Recordkeeping.503.28 Reporting.

Subpart D—Pathogens and VectorAttraction Reduction

503.30 Scope.503.31 Special definitions.503.32 Pathogens.503.33 Vector attraction reduction.

Subpart E—Incineration

503.40 Applicability.503.41 Special definitions.503.42 General requirements.503.43 Pollutant limits.

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Environmental Protection Agency § 503.2

503.44 Operational standard—total hydro-carbons.

503.45 Management practices.503.46 Frequency of monitoring.503.47 Recordkeeping.503.48 Reporting.

APPENDIX A TO PART 503—PROCEDURE TO DE-TERMINE THE ANNUAL WHOLE SLUDGE AP-PLICATION RATE FOR A SEWAGE SLUDGE

APPENDIX B TO PART 503—PATHOGEN TREAT-MENT PROCESSES

AUTHORITY: Sections 405 (d) and (e) of theClean Water Act, as amended by Pub. L. 95–217, sec. 54(d), 91 Stat. 1591 (33 U.S.C. 1345 (d)and (e)); and Pub. L. 100–4, title IV, sec. 406(a), (b), 101 Stat., 71, 72 (33 U.S.C. 1251 et seq.).

SOURCE: 58 FR 9387, Feb. 19, 1993, unlessotherwise noted.

Subpart A—General Provisions

§ 503.1 Purpose and applicability.

(a) Purpose. (1) This part establishesstandards, which consist of general re-quirements, pollutant limits, manage-ment practices, and operational stand-ards, for the final use or disposal ofsewage sludge generated during thetreatment of domestic sewage in atreatment works. Standards are in-cluded in this part for sewage sludgeapplied to the land, placed on a surfacedisposal site, or fired in a sewagesludge incinerator. Also included inthis part are pathogen and alternativevector attraction reduction require-ments for sewage sludge applied to theland or placed on a surface disposalsite.

(2) In addition, the standards in thispart include the frequency of moni-toring and recordkeeping requirementswhen sewage sludge is applied to theland, placed on a surface disposal site,or fired in a sewage sludge incinerator.Also included in this part are reportingrequirements for Class I sludge man-agement facilities, publicly ownedtreatment works (POTWs) with a de-sign flow rate equal to or greater thanone million gallons per day, andPOTWs that serve 10,000 people ormore.

(b) Applicability. (1) This part appliesto any person who prepares sewagesludge, applies sewage sludge to theland, or fires sewage sludge in a sewagesludge incinerator and to the owner/op-erator of a surface disposal site.

(2) This part applies to sewage sludgeapplied to the land, placed on a surfacedisposal site, or fired in a sewagesludge incinerator.

(3) This part applies to the exit gasfrom a sewage sludge incineratorstack.

(4) This part applies to land wheresewage sludge is applied, to a surfacedisposal site, and to a sewage sludge in-cinerator.

§ 503.2 Compliance period.

(a) Compliance with the standards inthis part shall be achieved as expedi-tiously as practicable, but in no caselater than February 19, 1994. Whencompliance with the standards requiresconstruction of new pollution controlfacilities, compliance with the stand-ards shall be achieved as expeditiouslyas practicable, but in no case laterthan February 19, 1995.

(b) The requirements for frequency ofmonitoring, recordkeeping, and report-ing in this part for total hydrocarbonsin the exit gas from a sewage sludge in-cinerator are effective February 19,1994 or, if compliance with the oper-ational standard for total hydro-carbons in this part requires the con-struction of new pollution control fa-cilities, February 19, 1995.

(c) All other requirements for fre-quency of monitoring, recordkeeping,and reporting in this part are effectiveon July 20, 1993.

(d) Unless otherwise specified in sub-part E, compliance with the require-ments in §§ 503.41(c) through (r),503.43(c), (d) and (e), 503.45(a)(1), (b)through (f), 503.46(a)(1), (a)(3), and (c),and 503.47(f) that were revised on Sep-tember 3, 1999 shall be achieved as ex-peditiously as practicable, but in nocase later than September 5, 2000. Whennew pollution control facilities mustbe constructed to comply with the re-vised requirements in subpart E, com-pliance with the revised requirementsshall be achieved as expeditiously aspracticable but no later than Sep-tember 4, 2001.

[58 FR 9387, Feb. 19, 1993, as amended at 64FR 42568, Aug. 4, 1999]


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40 CFR Ch. I (7–1–01 Edition)§ 503.3

§ 503.3 Permits and direct enforce-ability.

(a) Permits. The requirements in thispart may be implemented through apermit:

(1) Issued to a ‘‘treatment workstreating domestic sewage’’, as definedin 40 CFR 122.2, in accordance with 40CFR parts 122 and 124 by EPA or by aState that has a State sludge manage-ment program approved by EPA in ac-cordance with 40 CFR part 123 or 40CFR part 501 or

(2) Issued under subtitle C of theSolid Waste Disposal Act; part C of theSafe Drinking Water Act; the MarineProtection, Research, and SanctuariesAct of 1972; or the Clean Air Act.‘‘Treatment works treating domesticsewage’’ shall submit a permit applica-tion in accordance with either 40 CFR122.21 or an approved State program.

(b) Direct enforceability. No personshall use or dispose of sewage sludgethrough any practice for which require-ments are established in this part ex-cept in accordance with such require-ments.

§ 503.4 Relationship to other regula-tions.

Disposal of sewage sludge in a munic-ipal solid waste landfill unit, as definedin 40 CFR 258.2, that complies with therequirements in 40 CFR part 258 con-stitutes compliance with section 405(d)of the CWA. Any person who preparessewage sludge that is disposed in a mu-nicipal solid waste landfill unit shallensure that the sewage sludge meetsthe requirements in 40 CFR part 258concerning the quality of materialsdisposed in a municipal solid wastelandfill unit.

§ 503.5 Additional or more stringentrequirements.

(a) On a case-by-case basis, the per-mitting authority may impose require-ments for the use or disposal of sewagesludge in addition to or more stringentthan the requirements in this partwhen necessary to protect publichealth and the environment from anyadverse effect of a pollutant in the sew-age sludge.

(b) Nothing in this part precludes aState or political subdivision thereofor interstate agency from imposing re-

quirements for the use or disposal ofsewage sludge more stringent than therequirements in this part or from im-posing additional requirements for theuse or disposal of sewage sludge.

§ 503.6 Exclusions.(a) Treatment processes. This part does

not establish requirements for proc-esses used to treat domestic sewage orfor processes used to treat sewagesludge prior to final use or disposal, ex-cept as provided in § 503.32 and § 503.33.

(b) Selection of a use or disposal prac-tice. This part does not require the se-lection of a sewage sludge use or dis-posal practice. The determination ofthe manner in which sewage sludge isused or disposed is a local determina-tion.

(c) Co-firing of sewage sludge. Thispart does not establish requirementsfor sewage sludge co-fired in an incin-erator with other wastes or for the in-cinerator in which sewage sludge andother wastes are co-fired. Other wastesdo not include auxiliary fuel, as de-fined in 40 CFR 503.41(b), fired in a sew-age sludge incinerator.

(d) Sludge generated at an industrialfacility. This part does not establish re-quirements for the use or disposal ofsludge generated at an industrial facil-ity during the treatment of industrialwastewater, including sewage sludgegenerated during the treatment of in-dustrial wastewater combined with do-mestic sewage.

(e) Hazardous sewage sludge. This partdoes not establish requirements for theuse or disposal of sewage sludge deter-mined to be hazardous in accordancewith 40 CFR part 261.

(f) Sewage sludge with high PCB con-centration. This part does not establishrequirements for the use or disposal ofsewage sludge with a concentration ofpolychlorinated biphenyls (PCBs) equalto or greater than 50 milligrams perkilogram of total solids (dry weightbasis).

(g) Incinerator ash. This part does notestablish requirements for the use ordisposal of ash generated during thefiring of sewage sludge in a sewagesludge incinerator.

(h) Grit and screenings. This part doesnot establish requirements for the useor disposal of grit (e.g., sand, gravel,


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cinders, or other materials with a highspecific gravity) or screenings (e.g.,relatively large materials such as rags)generated during preliminary treat-ment of domestic sewage in a treat-ment works.

(i) Drinking water treatment sludge.This part does not establish require-ments for the use or disposal of sludgegenerated during the treatment of ei-ther surface water or ground waterused for drinking water.

(j) Commercial and industrial septage.This part does not establish require-ments for the use or disposal of com-mercial septage, industrial septage, amixture of domestic septage and com-mercial septage, or a mixture of do-mestic septage and industrial septage.

§ 503.7 Requirement for a person whoprepares sewage sludge.

Any person who prepares sewagesludge shall ensure that the applicablerequirements in this part are met whenthe sewage sludge is applied to theland, placed on a surface disposal site,or fired in a sewage sludge incinerator.

§ 503.8 Sampling and analysis.

(a) Sampling. Representative samplesof sewage sludge that is applied to theland, placed on a surface disposal site,or fired in a sewage sludge incineratorshall be collected and analyzed.

(b) Methods. The materials listedbelow are incorporated by reference inthis part. These incorporations by ref-erence were approved by the Directorof the Federal Register in accordancewith 5 U.S.C. 552(a) and 1 CFR part 51.The materials are incorporated as theyexist on the date of approval, and no-tice of any change in these materialswill be published in the FEDERAL REG-ISTER. They are available for inspec-tion at the Office of the Federal Reg-ister, 7th Floor, suite 700, 800 NorthCapitol Street, NW., Washington, DC,and at the Office of Water Docket,room L–102, U.S. Environmental Pro-tection Agency, 401 M St., SW., Wash-ington, DC. Copies may be obtainedfrom the standard producer or pub-lisher listed in the regulation. Methodsin the materials listed below shall beused to analyze samples of sewagesludge.

(1) Enteric viruses. ASTM Designation:D 4994–89, ‘‘Standard Practice for Re-covery of Viruses From WastewaterSludges’’, 1992 Annual Book of ASTMStandards: Section 11—Water and Envi-ronmental Technology, ASTM, 1916Race Street, Philadelphia, PA 19103–1187.

(2) Fecal coliform. Part 9221 E. or Part9222 D., ‘‘Standard Methods for the Ex-amination of Water and Wastewater’’,18th Edition, 1992, American PublicHealth Association, 1015 15th Street,NW., Washington, DC 20005.

(3) Helminth ova. Yanko, W.A., ‘‘Oc-currence of Pathogens in Distributionand Marketing Municipal Sludges’’,EPA 600/1–87–014, 1987. National Tech-nical Information Service, 5285 PortRoyal Road, Springfield, Virginia 22161(PB 88–154273/AS).

(4) Inorganic pollutants. ‘‘Test Meth-ods for Evaluating Solid Waste, Phys-ical/Chemical Methods’’, EPA Publica-tion SW–846, Second Edition (1982) withUpdates I (April 1984) and II (April 1985)and Third Edition (November 1986) withRevision I (December 1987). Second Edi-tion and Updates I and II are availablefrom the National Technical Informa-tion Service, 5285 Port Royal Road,Springfield, Virginia 22161 (PB–87–120–291). Third Edition and Revision I areavailable from Superintendent of Docu-ments, Government Printing Office, 941North Capitol Street, NE., Washington,DC 20002 (Document Number 955–001–00000–1).

(5) Salmonella sp. bacteria. Part 9260D., ‘‘Standard Methods for the Exam-ination of Water and Wastewater’’, 18thEdition, 1992, American Public HealthAssociation, 1015 15th Street, NW.,Washington, DC 20005; or

Kenner, B.A. and H.P. Clark, ‘‘Detec-tion and enumeration of Salmonella andPseudomonas aeruginosa’’, Journal ofthe Water Pollution Control Federa-tion, Vol. 46, no. 9, September 1974, pp.2163–2171. Water Environment Federa-tion, 601 Wythe Street, Alexandria,Virginia 22314.

(6) Specific oxygen uptake rate. Part2710 B., ‘‘Standard Methods for the Ex-amination of Water and Wastewater’’,18th Edition, 1992, American PublicHealth Association, 1015 15th Street,NW., Washington, DC 20005.


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40 CFR Ch. I (7–1–01 Edition)§ 503.9

(7) Total, fixed, and volatile solids. Part2540 G., ‘‘Standard Methods for the Ex-amination of Water and Wastewater’’,18th Edition, 1992, American PublicHealth Association, 1015 15th Street,NW., Washington, DC 20005.

§ 503.9 General definitions.(a) Apply sewage sludge or sewage

sludge applied to the land means landapplication of sewage sludge.

(b) Base flood is a flood that has a onepercent chance of occurring in anygiven year (i.e., a flood with a mag-nitude equalled once in 100 years).

(c) Class I sludge management facilityis any publicly owned treatment works(POTW), as defined in 40 CFR 501.2, re-quired to have an approvedpretreatment program under 40 CFR403.8(a) (including any POTW located ina State that has elected to assumelocal program responsibilities pursuantto 40 CFR 403.10(e)) and any treatmentworks treating domestic sewage, as de-fined in 40 CFR 122.2, classified as aClass I sludge management facility bythe EPA Regional Administrator, or, inthe case of approved State programs,the Regional Administrator in conjunc-tion with the State Director, becauseof the potential for its sewage sludgeuse or disposal practice to affect publichealth and the environment adversely.

(d) Cover crop is a small grain crop,such as oats, wheat, or barley, notgrown for harvest.

(e) CWA means the Clean Water Act(formerly referred to as either the Fed-eral Water Pollution Act or the Fed-eral Water Pollution Control ActAmendments of 1972), Public Law 92–500, as amended by Public Law 95–217,Public Law 95–576, Public Law 96–483,Public Law 97–117, and Public Law 100–4.

(f) Domestic septage is either liquid orsolid material removed from a septictank, cesspool, portable toilet, Type IIImarine sanitation device, or similartreatment works that receives only do-mestic sewage. Domestic septage doesnot include liquid or solid material re-moved from a septic tank, cesspool, orsimilar treatment works that receiveseither commercial wastewater or in-dustrial wastewater and does not in-clude grease removed from a greasetrap at a restaurant.

(g) Domestic sewage is waste andwastewater from humans or householdoperations that is discharged to or oth-erwise enters a treatment works.

(h) Dry weight basis means calculatedon the basis of having been dried at 105degrees Celsius until reaching a con-stant mass (i.e., essentially 100 percentsolids content).

(i) EPA means the United States En-vironmental Protection Agency.

(j) Feed crops are crops produced pri-marily for consumption by animals.

(k) Fiber crops are crops such as flaxand cotton.

(l) Food crops are crops consumed byhumans. These include, but are notlimited to, fruits, vegetables, and to-bacco.

(m) Ground water is water below theland surface in the saturated zone.

(n) Industrial wastewater is waste-water generated in a commercial or in-dustrial process.

(o) Municipality means a city, town,borough, county, parish, district, asso-ciation, or other public body (includingan intermunicipal Agency of two ormore of the foregoing entities) createdby or under State law; an Indian tribeor an authorized Indian tribal organi-zation having jurisdiction over sewagesludge management; or a designatedand approved management Agencyunder section 208 of the CWA, asamended. The definition includes a spe-cial district created under State law,such as a water district, sewer district,sanitary district, utility district,drainage district, or similar entity, oran integrated waste management facil-ity as defined in section 201(e) of theCWA, as amended, that has as one ofits principal responsibilities the treat-ment, transport, use, or disposal ofsewage sludge.

(p) Permitting authority is either EPAor a State with an EPA-approvedsludge management program.

(q) Person is an individual, associa-tion, partnership, corporation, munici-pality, State or Federal agency, or anagent or employee thereof.

(r) Person who prepares sewage sludgeis either the person who generates sew-age sludge during the treatment of do-mestic sewage in a treatment works orthe person who derives a material fromsewage sludge.


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(s) Place sewage sludge or sewagesludge placed means disposal of sewagesludge on a surface disposal site.

(t) Pollutant is an organic substance,an inorganic substance, a combinationof organic and inorganic substances, ora pathogenic organism that, after dis-charge and upon exposure, ingestion,inhalation, or assimilation into an or-ganism either directly from the envi-ronment or indirectly by ingestionthrough the food chain, could, on thebasis of information available to theAdministrator of EPA, cause death,disease, behavioral abnormalities, can-cer, genetic mutations, physiologicalmalfunctions (including malfunction inreproduction), or physical deforma-tions in either organisms or offspringof the organisms.

(u) Pollutant limit is a numericalvalue that describes the amount of apollutant allowed per unit amount ofsewage sludge (e.g., milligrams perkilogram of total solids); the amountof a pollutant that can be applied to aunit area of land (e.g., kilograms perhectare); or the volume of a materialthat can be applied to a unit area ofland (e.g., gallons per acre).

(v) Runoff is rainwater, leachate, orother liquid that drains overland onany part of a land surface and runs offof the land surface.

(w) Sewage sludge is solid, semi-solid,or liquid residue generated during thetreatment of domestic sewage in atreatment works. Sewage sludge in-cludes, but is not limited to, domesticseptage; scum or solids removed in pri-mary, secondary, or advanced waste-water treatment processes; and a mate-rial derived from sewage sludge. Sew-age sludge does not include ash gen-erated during the firing of sewagesludge in a sewage sludge incineratoror grit and screenings generated duringpreliminary treatment of domesticsewage in a treatment works.

(x) State is one of the United Statesof America, the District of Columbia,the Commonwealth of Puerto Rico, theVirgin Islands, Guam, AmericanSamoa, the Trust Territory of the Pa-cific Islands, the Commonwealth of theNorthern Mariana Islands, and an In-dian Tribe eligible for treatment as aState pursuant to regulations promul-

gated under the authority of section518(e) of the CWA.

(y) Store or storage of sewage sludge isthe placement of sewage sludge on landon which the sewage sludge remains fortwo years or less. This does not includethe placement of sewage sludge on landfor treatment.

(z) Treat or treatment of sewage sludgeis the preparation of sewage sludge forfinal use or disposal. This includes, butis not limited to, thickening, stabiliza-tion, and dewatering of sewage sludge.This does not include storage of sewagesludge.

(aa) Treatment works is either a feder-ally owned, publicly owned, or pri-vately owned device or system used totreat (including recycle and reclaim)either domestic sewage or a combina-tion of domestic sewage and industrialwaste of a liquid nature.

(bb) Wetlands means those areas thatare inundated or saturated by surfacewater or ground water at a frequencyand duration to support, and thatunder normal circumstances do sup-port, a prevalence of vegetation typi-cally adapted for life in saturated soilconditions. Wetlands generally includeswamps, marshes, bogs, and similarareas.

Subpart B—Land Application§ 503.10 Applicability.

(a) This subpart applies to any personwho prepares sewage sludge that is ap-plied to the land, to any person who ap-plies sewage sludge to the land, to sew-age sludge applied to the land, and tothe land on which sewage sludge is ap-plied.

(b)(1) Bulk sewage sludge. The gen-eral requirements in § 503.12 and themanagement practices in § 503.14 do notapply when bulk sewage sludge is ap-plied to the land if the bulk sewagesludge meets the ceiling concentra-tions in Table 1 of § 503.13 and the pol-lutant concentrations in Table 3 of§ 503.13; the Class A pathogen require-ments in § 503.32(a); and one of the vec-tor attraction reduction requirementsin § 503.33(b)(1) through (b)(8).

(2) The Regional Administrator ofEPA or, in the case of a State with anapproved sludge management program,the State Director, may apply any or


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40 CFR Ch. I (7–1–01 Edition)§ 503.11

all of the general requirements in§ 503.12 and the management practicesin § 503.14 to the bulk sewage sludge in§ 503.10(b)(1) on a case-by-case basisafter determining that the general re-quirements or management practicesare needed to protect public health andthe environment from any reasonablyanticipated adverse effect that mayoccur from any pollutant in the bulksewage sludge.

(c)(1) The general requirements in§ 503.12 and the management practicesin § 503.14 do not apply when a bulk ma-terial derived from sewage sludge is ap-plied to the land if the derived bulkmaterial meets the ceiling concentra-tions in Table 1 of § 503.13 and the pol-lutant concentrations in Table 3 of§ 503.13; the Class A pathogen require-ments in § 503.32(a); and one of the vec-tor attraction reduction requirementsin § 503.33(b)(1) through (b)(8).

(2) The Regional Administrator ofEPA or, in the case of a State with anapproved sludge management program,the State Director, may apply any orall of the general requirements in§ 503.12 or the management practices in§ 503.14 to the bulk material in§ 503.10(c)(1) on a case-by-case basisafter determining that the general re-quirements or management practicesare needed to protect public health andthe environment from any reasonablyanticipated adverse effect that mayoccur from any pollutant in the bulksewage sludge.

(d) The requirements in this subpartdo not apply when a bulk material de-rived from sewage sludge is applied tothe land if the sewage sludge fromwhich the bulk material is derivedmeets the ceiling concentrations inTable 1 of § 503.13 and the pollutantconcentrations in Table 3 of § 503.13; theClass A pathogen requirements in§ 503.32(a); and one of the vector attrac-tion reduction requirements in§ 503.33(b)(1) through (b)(8).

(e) Sewage sludge sold or given awayin a bag or other container for applica-tion to the land. The general require-ments in § 503.12 and the managementpractices in § 503.14 do not apply whensewage sludge is sold or given away ina bag or other container for applicationto the land if the sewage sludge sold orgiven away in a bag or other container

for application to the land meets theceiling concentrations in Table 1 of§ 503.13 and the pollutant concentra-tions in Table 3 of § 503.13; the Class Apathogen requirements in § 503.32(a);and one of the vector attraction reduc-tion requirements in § 503.33(b)(1)through (b)(8).

(f) The general requirements in§ 503.12 and the management practicesin § 503.14 do not apply when a materialderived from sewage sludge is sold orgiven away in a bag or other containerfor application to the land if the de-rived material meets the ceiling con-centrations in Table 1 of § 503.13 andthe pollutant concentrations in Table 3of § 503.13; the Class A pathogen re-quirements in § 503.32(a); and one of thevector attraction reduction require-ments in § 503.33(b)(1) through (b)(8).

(g) The requirements in this subpartdo not apply when a material derivedfrom sewage sludge is sold or givenaway in a bag or other container forapplication to the land if the sewagesludge from which the material is de-rived meets the ceiling concentrationsin Table 1 of § 503.13 and the pollutantconcentrations in Table 3 of § 503.13; theClass A pathogen requirements in§ 503.32(a); and one of the vector attrac-tion reduction requirements in § 503.33(b)(1) through (b)(8).


§ 503.11 Special definitions.

(a) Agricultural land is land on whicha food crop, a feed crop, or a fiber cropis grown. This includes range land andland used as pasture.

(b) Agronomic rate is the whole sludgeapplication rate (dry weight basis) de-signed:

(1) To provide the amount of nitrogenneeded by the food crop, feed crop, fibercrop, cover crop, or vegetation grownon the land; and

(2) To minimize the amount of nitro-gen in the sewage sludge that passesbelow the root zone of the crop or vege-tation grown on the land to the groundwater.

(c) Annual pollutant loading rate is themaximum amount of a pollutant thatcan be applied to a unit area of landduring a 365 day period.


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(d) Annual whole sludge applicationrate is the maximum amount of sewagesludge (dry weight basis) that can beapplied to a unit area of land during a365 day period.

(e) Bulk sewage sludge is sewagesludge that is not sold or given away ina bag or other container for applicationto the land.

(f) Cumulative pollutant loading rate isthe maximum amount of an inorganicpollutant that can be applied to anarea of land.

(g) Forest is a tract of land thick withtrees and underbrush.

(h) Land application is the spraying orspreading of sewage sludge onto theland surface; the injection of sewagesludge below the land surface; or theincorporation of sewage sludge into thesoil so that the sewage sludge can ei-ther condition the soil or fertilize cropsor vegetation grown in the soil.

(i) Monthly average is the arithmeticmean of all measurements taken dur-ing the month.

(j) Other container is either an open orclosed receptacle. This includes, but isnot limited to, a bucket, a box, a car-ton, and a vehicle or trailer with a loadcapacity of one metric ton or less.

(k) Pasture is land on which animalsfeed directly on feed crops such as leg-umes, grasses, grain stubble, or stover.

(l) Public contact site is land with ahigh potential for contact by the pub-lic. This includes, but is not limited to,public parks, ball fields, cemeteries,plant nurseries, turf farms, and golfcourses.

(m) Range land is open land with in-digenous vegetation.

(n) Reclamation site is drastically dis-turbed land that is reclaimed usingsewage sludge. This includes, but is notlimited to, strip mines and construc-tion sites.

§ 503.12 General requirements.(a) No person shall apply sewage

sludge to the land except in accordancewith the requirements in this subpart.

(b) No person shall apply bulk sewagesludge subject to the cumulative pol-lutant loading rates in § 503.13(b)(2) toagricultural land, forest, a public con-tact site, or a reclamation site if any ofthe cumulative pollutant loading ratesin § 503.13(b)(2) has been reached.

(c) No person shall apply domesticseptage to agricultural land, forest, ora reclamation site during a 365 day pe-riod if the annual application rate in§ 503.13(c) has been reached during thatperiod.

(d) The person who prepares bulksewage sludge that is applied to agri-cultural land, forest, a public contactsite, or a reclamation site shall providethe person who applies the bulk sewagesludge written notification of the con-centration of total nitrogen (as N on adry weight basis) in the bulk sewagesludge.

(e)(1) The person who applies sewagesludge to the land shall obtain infor-mation needed to comply with the re-quirements in this subpart.

(2)(i) Before bulk sewage sludge sub-ject to the cumulative pollutant load-ing rates in § 503.13(b)(2) is applied tothe land, the person who proposes toapply the bulk sewage sludge shall con-tact the permitting authority for theState in which the bulk sewage sludgewill be applied to determine whetherbulk sewage sludge subject to the cu-mulative pollutant loading rates in§ 503.13(b)(2) has been applied to the sitesince July 20, 1993.

(ii) If bulk sewage sludge subject tothe cumulative pollutant loading ratesin § 503.13(b)(2) has not been applied tothe site since July 20, 1993, the cumu-lative amount for each pollutant listedin Table 2 of § 503.13 may be applied tothe site in accordance with§ 503.13(a)(2)(i).

(iii) If bulk sewage sludge subject tothe cumulative pollutant loading ratesin § 503.13(b)(2) has been applied to thesite since July 20, 1993, and the cumu-lative amount of each pollutant ap-plied to the site in the bulk sewagesludge since that date is known, thecumulative amount of each pollutantapplied to the site shall be used to de-termine the additional amount of eachpollutant that can be applied to thesite in accordance with § 503.13(a)(2)(i).

(iv) If bulk sewage sludge subject tothe cumulative pollutant loading ratesin § 503.13(b)(2) has been applied to thesite since July 20, 1993, and the cumu-lative amount of each pollutant ap-plied to the site in the bulk sewagesludge since that date is not known, anadditional amount of each pollutant


822

40 CFR Ch. I (7–1–01 Edition)§ 503.13

shall not be applied to the site in ac-cordance with § 503.13(a)(2)(i).

(f) When a person who prepares bulksewage sludge provides the bulk sewagesludge to a person who applies the bulksewage sludge to the land, the personwho prepares the bulk sewage sludgeshall provide the person who appliesthe sewage sludge notice and necessaryinformation to comply with the re-quirements in this subpart.

(g) When a person who prepares sew-age sludge provides the sewage sludgeto another person who prepares thesewage sludge, the person who providesthe sewage sludge shall provide theperson who receives the sewage sludgenotice and necessary information tocomply with the requirements in thissubpart.

(h) The person who applies bulk sew-age sludge to the land shall provide theowner or lease holder of the land onwhich the bulk sewage sludge is appliednotice and necessary information tocomply with the requirements in thissubpart.

(i) Any person who prepares bulksewage sludge that is applied to land ina State other than the State in whichthe bulk sewage sludge is preparedshall provide written notice, prior tothe initial application of bulk sewagesludge to the land application site bythe applier, to the permitting author-ity for the State in which the bulk sew-age sludge is proposed to be applied.The notice shall include:

(1) The location, by either street ad-dress or latitude and longitude, of eachland application site.

(2) The approximate time period bulksewage sludge will be applied to thesite.

(3) The name, address, telephonenumber, and National Pollutant Dis-charge Elimination System permitnumber (if appropriate) for the personwho prepares the bulk sewage sludge.

(4) The name, address, telephonenumber, and National Pollutant Dis-charge Elimination System permitnumber (if appropriate) for the personwho will apply the bulk sewage sludge.

(j) Any person who applies bulk sew-age sludge subject to the cumulativepollutant loading rates in § 503.13(b)(2)to the land shall provide written no-tice, prior to the initial application of

bulk sewage sludge to a land applica-tion site by the applier, to the permit-ting authority for the State in whichthe bulk sewage sludge will be appliedand the permitting authority shall re-tain and provide access to the notice.The notice shall include:

(1) The location, by either street ad-dress or latitude and longitude, of theland application site.

(2) The name, address, telephonenumber, and National Pollutant Dis-charge Elimination System permitnumber (if appropriate) of the personwho will apply the bulk sewage sludge.

§ 503.13 Pollutant limits.(a) Sewage sludge. (1) Bulk sewage

sludge or sewage sludge sold or givenaway in a bag or other container shallnot be applied to the land if the con-centration of any pollutant in the sew-age sludge exceeds the ceiling con-centration for the pollutant in Table 1of § 503.13.

(2) If bulk sewage sludge is applied toagricultural land, forest, a public con-tact site, or a reclamation site, either:

(i) The cumulative loading rate foreach pollutant shall not exceed the cu-mulative pollutant loading rate for thepollutant in Table 2 of § 503.13; or

(ii) The concentration of each pollut-ant in the sewage sludge shall not ex-ceed the concentration for the pollut-ant in Table 3 of § 503.13.

(3) If bulk sewage sludge is applied toa lawn or a home garden, the con-centration of each pollutant in thesewage sludge shall not exceed the con-centration for the pollutant in Table 3of § 503.13.

(4) If sewage sludge is sold or givenaway in a bag or other container forapplication to the land, either:

(i) The concentration of each pollut-ant in the sewage sludge shall not ex-ceed the concentration for the pollut-ant in Table 3 of § 503.13; or

(ii) The product of the concentrationof each pollutant in the sewage sludgeand the annual whole sludge applica-tion rate for the sewage sludge shallnot cause the annual pollutant loadingrate for the pollutant in Table 4 of§ 503.13 to be exceeded. The procedureused to determine the annual wholesludge application rate is presented inappendix A of this part.


823


(b) Pollutant concentrations andloading rates—sewage sludge.

(1) Ceiling concentrations.

TABLE 1 OF § 503.13.—CEILINGCONCENTRATIONS

Pollutant

Ceiling con-centration(milligrams

per kilo-gram) 1

Arsenic ............................................................... 75Cadmium ........................................................... 85Copper ............................................................... 4300Lead ................................................................... 840Mercury .............................................................. 57Molybdenum ...................................................... 75Nickel ................................................................. 420Selenium ............................................................ 100Zinc .................................................................... 7500

1 Dry weight basis.

(2) Cumulative pollutant loadingrates.

TABLE 2 OF § 503.13.—CUMULATIVE POLLUTANTLOADING RATES

Pollutant

Cumulativepollutant

loading rate(kilograms

per hectare)

Arsenic ............................................................... 41Cadmium ........................................................... 39Copper ............................................................... 1500Lead ................................................................... 300Mercury .............................................................. 17Nickel ................................................................. 420Selenium ............................................................ 100Zinc .................................................................... 2800

(3) Pollutant concentrations.

TABLE 3 OF § 503.13.—POLLUTANTCONCENTRATIONS

Pollutant

Monthly av-erage con-centration(milligrams

per kilo-gram) 1

Arsenic ............................................................... 41Cadmium ........................................................... 39Copper ............................................................... 1500Lead ................................................................... 300Mercury .............................................................. 17Nickel ................................................................. 420Selenium ............................................................ 100Zinc .................................................................... 2800

1 Dry weight basis.

(4) Annual pollutant loading rates.

TABLE 4 OF § 503.13.—ANNUAL POLLUTANTLOADING RATES

Pollutant

Annual pollut-ant loadingrate (kilo-grams perhectare per365 day pe-

riod)

Arsenic ............................................................. 2.0Cadmium ......................................................... 1.9Copper ............................................................. 75Lead ................................................................. 15Mercury ............................................................ 0.85Nickel ............................................................... 21Selenium .......................................................... 5.0Zinc .................................................................. 140

(c) Domestic septage.The annual application rate for do-

mestic septage applied to agriculturalland, forest, or a reclamation site shallnot exceed the annual application ratecalculated using equation (1).

AARN

Eq=0 0026

1.

. ( )

Where:

AAR=Annual application rate in gallons peracre per 365 day period.

N=Amount of nitrogen in pounds per acre per365 day period needed by the crop orvegetation grown on the land.

[58 FR 9387, Feb. 19, 1993, as amended at 58FR 9099, Feb. 25, 1994; 60 FR 54769, Oct. 25,1995]

§ 503.14 Management practices.(a) Bulk sewage sludge shall not be

applied to the land if it is likely to ad-versely affect a threatened or endan-gered species listed under section 4 ofthe Endangered Species Act or its des-ignated critical habitat.

(b) Bulk sewage sludge shall not beapplied to agricultural land, forest, apublic contact site, or a reclamationsite that is flooded, frozen, or snow-covered so that the bulk sewage sludgeenters a wetland or other waters of theUnited States, as defined in 40 CFR122.2, except as provided in a permitissued pursuant to section 402 or 404 ofthe CWA.

(c) Bulk sewage sludge shall not beapplied to agricultural land, forest, ora reclamation site that is 10 meters orless from waters of the United States,as defined in 40 CFR 122.2, unless other-wise specified by the permitting au-thority.


824

40 CFR Ch. I (7–1–01 Edition)§ 503.15

(d) Bulk sewage sludge shall be ap-plied to agricultural land, forest, apublic contact site, or a reclamationsite at a whole sludge application ratethat is equal to or less than the agro-nomic rate for the bulk sewage sludge,unless, in the case of a reclamationsite, otherwise specified by the permit-ting authority.

(e) Either a label shall be affixed tothe bag or other container in whichsewage sludge that is sold or givenaway for application to the land, or aninformation sheet shall be provided tothe person who receives sewage sludgesold or given away in an other con-tainer for application to the land. Thelabel or information sheet shall con-tain the following information:

(1) The name and address of the per-son who prepared the sewage sludgethat is sold or given away in a bag orother container for application to theland.

(2) A statement that application ofthe sewage sludge to the land is prohib-ited except in accordance with the in-structions on the label or informationsheet.

(3) The annual whole sludge applica-tion rate for the sewage sludge thatdoes not cause any of the annual pol-lutant loading rates in Table 4 of§ 503.13 to be exceeded.

§ 503.15 Operational standards—patho-gens and vector attraction reduc-tion.

(a) Pathogens—sewage sludge. (1) TheClass A pathogen requirements in§ 503.32(a) or the Class B pathogen re-quirements and site restrictions in§ 503.32(b) shall be met when bulk sew-age sludge is applied to agriculturalland, forest, a public contact site, or areclamation site.

(2) The Class A pathogen require-ments in § 503.32(a) shall be met when

bulk sewage sludge is applied to a lawnor a home garden.

(3) The Class A pathogen require-ments in § 503.32(a) shall be met whensewage sludge is sold or given away ina bag or other container for applicationto the land.

(b) Pathogens—domestic septage. Therequirements in either § 503.32 (c)(1) or(c)(2) shall be met when domesticseptage is applied to agricultural land,forest, or a reclamation site.

(c) Vector attraction reduction—sewagesludge. (1) One of the vector attractionreduction requirements in § 503.33 (b)(1)through (b)(10) shall be met when bulksewage sludge is applied to agriculturalland, forest, a public contact site, or areclamation site.

(2) One of the vector attraction re-duction requirements in § 503.33 (b)(1)through (b)(8) shall be met when bulksewage sludge is applied to a lawn or ahome garden.

(3) One of the vector attraction re-duction requirements in § 503.33 (b)(1)through (b)(8) shall be met when sew-age sludge is sold or given away in abag or other container for applicationto the land.

(d) Vector attraction reduction—domes-tic septage. The vector attraction reduc-tion requirements in § 503.33(b)(9),(b)(10), or (b)(12) shall be met when do-mestic septage is applied to agricul-tural land, forest, or a reclamationsite.

§ 503.16 Frequency of monitoring.(a) Sewage sludge. (1) The frequency of

monitoring for the pollutants listed inTable 1, Table 2, Table 3 and Table 4 of§ 503.13; the pathogen density require-ments in § 503.32(a) and § 503.32(b)(2);and the vector attraction reduction re-quirements in § 503.33 (b)(1) through(b)(4) and § 503.33 (b)(7) through (b)(8)shall be the frequency in Table 1 of§ 503.16.

TABLE 1 OF § 503.16—FREQUENCY OF MONITORING—LAND APPLICATION

Amount of sewage sludge 1 (metric tons per 365 day period) Frequency

Greater than zero but less than 290 ................................................. Once per year.Equal to or greater than 290 but less than 1,500 ............................. Once per quarter (four times per year).Equal to or greater than 1,500 but less than 15,000 ........................ Once per 60 days (six times per year).Equal to or greater than 15,000 ........................................................ Once per month (12 times per year).

1 Either the amount of bulk sewage sludge applied to the land or the amount of sewage sludge prepared for sale or give-awayin a bag or other container for application to the land (dry weight basis).


825


(2) After the sewage sludge has beenmonitored for two years at the fre-quency in Table 1 of § 503.16, the per-mitting authority may reduce the fre-quency of monitoring for pollutantconcentrations and for the pathogendensity requirements in § 503.32(a)(5)(ii)and (a)(5)(iii).

(b) Domestic septage. If either thepathogen requirements in § 503.32(c)(2)or the vector attraction reduction re-quirements in § 503.33(b)(12) are metwhen domestic septage is applied to ag-ricultural land, forest, or a reclama-tion site, each container of domesticseptage applied to the land shall bemonitored for compliance with thoserequirements.

(Approved by the Office of Management andBudget under control number 2040–0157)


§ 503.17 Recordkeeping.(a) Sewage sludge. (1) The person who

prepares the sewage sludge in§ 503.10(b)(1) or (e) shall develop the fol-lowing information and shall retain theinformation for five years:

(i) The concentration of each pollut-ant listed in Table 3 of § 503.13 in thesewage sludge.

(ii) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the Class A pathogen re-quirements in § 503.32(a) and the vector at-traction reduction requirement in [insertone of the vector attraction reduction re-quirements in § 503.33(b)(1) through§ 503.33(b)(8)] was prepared under my direc-tion and supervision in accordance with thesystem designed to ensure that qualified per-sonnel properly gather and evaluate this in-formation. I am aware that there are signifi-cant penalties for false certification includ-ing the possibility of fine and imprisonment.

(iii) A description of how the Class Apathogen requirements in § 503.32(a) aremet.

(iv) A description of how one of thevector attraction reduction require-ments in § 503.33 (b)(1) through (b)(8) ismet.

(2) The person who derives the mate-rial in § 503.10 (c)(1) or (f) shall developthe following information and shall re-tain the information for five years:

(i) The concentration of each pollut-ant listed in Table 3 of § 503.13 in thematerial.


I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the Class A pathogen re-quirements in § 503.32(a) and the vector at-traction reduction requirement in (insertone of the vector attraction reduction re-quirements in § 503.33(b)(1) through (b)(8))was prepared under my direction and super-vision in accordance with the system de-signed to ensure that qualified personnelproperly gather and evaluate this informa-tion. I am aware that there are significantpenalties for false certification including thepossibility of fine and imprisonment.

(iii) A description of how the Class Apathogen requirements in § 503.32(a) aremet.

(iv) A description of how one of thevector attraction reduction require-ments in § 503.33 (b)(1) through (b)(8) ismet.

(3) If the pollutant concentrations in§ 503.13(b)(3), the Class A pathogen re-quirements in § 503.32(a), and the vectorattraction reduction requirements ineither § 503.33 (b)(9) or (b)(10) are metwhen bulk sewage sludge is applied toagricultural land, forest, a public con-tact site, or a reclamation site:

(i) The person who prepares the bulksewage sludge shall develop the fol-lowing information and shall retain theinformation for five years.

(A) The concentration of each pollut-ant listed in Table 3 of § 503.13 in thebulk sewage sludge.

(B) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the Class A pathogen re-quirements in § 503.32(a) was prepared undermy direction and supervision in accordancewith the system designed to ensure thatqualified personnel properly gather andevaluate this information. I am aware thatthere are significant penalties for false cer-tification including the possibility of fineand imprisonment.

(C) A description of how the pathogenrequirements in § 503.32(a) are met.

(ii) The person who applies the bulksewage sludge shall develop the fol-lowing information and shall retain theinformation for five years.


826

40 CFR Ch. I (7–1–01 Edition)§ 503.17

(A) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the management practicesin § 503.14 and the vector attraction reduc-tion requirement in (insert either§ 503.33(b)(9) or (b)(10)) was prepared undermy direction and supervision in accordancewith the system designed to ensure thatqualified personnel properly gather andevaluate this information. I am aware thatthere are significant penalties for false cer-tification including the possibility of fineand imprisonment.

(B) A description of how the manage-ment practices in § 503.14 are met foreach site on which bulk sewage sludgeis applied.

(C) A description of how the vectorattraction reduction requirements ineither § 503.33(b)(9) or (b)(10) are met foreach site on which bulk sewage sludgeis applied.

(4) If the pollutant concentrations in§ 503.13(b)(3) and the Class B pathogenrequirements in § 503.32(b) are metwhen bulk sewage sludge is applied toagricultural land, forest, a public con-tact site, or a reclamation site:

(i) The person who prepares the bulksewage sludge shall develop the fol-lowing information and shall retain theinformation for five years:



I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the Class B pathogen re-quirements in § 503.32(b) and the vector at-traction reduction requirement in (insertone of the vector attraction reduction re-quirements in § 503.33(b)(1) through (b)(8)ifone of those requirements is met) was pre-pared under my direction and supervision inaccordance with the system designed to en-sure that qualified personnel properly gatherand evaluate this information. I am awarethat there are significant penalties for falsecertification including the possibility of fineand imprisonment.

(C) A description of how the Class Bpathogen requirements in § 503.32(b) aremet.

(D) When one of the vector attractionreduction requirements in § 503.33 (b)(1)through (b)(8) is met, a description of

how the vector attraction reduction re-quirement is met.

(ii) The person who applies the bulksewage sludge shall develop the fol-lowing information and shall retain theinformation for five years.

(A) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the management practicesin § 503.14, the site restrictions in§ 503.32(b)(5), and the vector attraction reduc-tion requirement in (insert either§ 503.33(b)(9) or (b)(10) if one of those require-ments is met) was prepared for each site onwhich bulk sewage sludge is applied undermy direction and supervision in accordancewith the system designed to ensure thatqualified personnel properly gather andevaluate this information. I am aware thatthere are significant penalties for false cer-tification including the possibility of fineand imprisonment.

(B) A description of how the manage-ment practices in § 503.14 are met foreach site on which bulk sewage sludgeis applied.

(C) A description of how the site re-strictions in § 503.32(b)(5) are met foreach site on which bulk sewage sludgeis applied.

(D) When the vector attraction re-duction requirement in either § 503.33(b)(9) or (b)(10) is met, a description ofhow the vector attraction reduction re-quirement is met.

(E) The date bulk sewage sludge isapplied to each site.

(5) If the requirements in§ 503.13(a)(2)(i) are met when bulk sew-age sludge is applied to agriculturalland, forest, a public contact site, or areclamation site:

(i) The person who prepares the bulksewage sludge shall develop the fol-lowing information and shall retain theinformation for five years.



I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the pathogen requirementsin (insert either § 503.32(a) or § 503.32(b)) andthe vector attraction reduction requirementin (insert one of the vector attraction reduc-tion requirements in § 503.33(b)(1) through


827


(b)(8) if one of those requirements is met)was prepared under my direction and super-vision in accordance with the system de-signed to ensure that qualified personnelproperly gather and evaluate this informa-tion. I am aware that there are significantpenalties for false certification including thepossibility of fine and imprisonment.

(C) A description of how the pathogenrequirements in either § 503.32 (a) or (b)are met.

(D) When one of the vector attractionrequirements in § 503.33 (b)(1) through(b)(8) is met, a description of how thevector attraction requirement is met.

(ii) The person who applies the bulksewage sludge shall develop the fol-lowing information, retain the infor-mation in § 503.17 (a)(5)(ii)(A) through(a)(5)(ii)(G) indefinitely, and retain theinformation in § 503.17 (a)(5)(ii)(H)through (a)(5)(ii)(M) for five years.

(A) The location, by either street ad-dress or latitude and longitude, of eachsite on which bulk sewage sludge is ap-plied.

(B) The number of hectares in eachsite on which bulk sewage sludge is ap-plied.

(C) The date bulk sewage sludge isapplied to each site.

(D) The cumulative amount of eachpollutant (i.e., kilograms) listed inTable 2 of § 503.13 in the bulk sewagesludge applied to each site, includingthe amount in § 503.12(e)(2)(iii).

(E) The amount of sewage sludge(i.e., metric tons) applied to each site.

(F) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the requirement to obtaininformation in § 503.12(e)(2) was prepared foreach site on which bulk sewage sludge wasapplied under my direction and supervisionin accordance with the system designed toensure that qualified personnel properlygather and evaluate this information. I amaware that there are significant penalties forfalse certification including the possibilityof fine and imprisonment.

(G) A description of how the require-ments to obtain information in§ 503.12(e)(2) are met.

(H) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the management practices

in § 503.14 was prepared for each site on whichbulk sewage sludge was applied under my di-rection and supervision in accordance withthe system designed to ensure that qualifiedpersonnel properly gather and evaluate thisinformation. I am aware that there are sig-nificant penalties for false certification in-cluding the possibility of fine and imprison-ment.

(I) A description of how the manage-ment practices in § 503.14 are met foreach site on which bulk sewage sludgeis applied.

(J) The following certification state-ment when the bulk sewage sludgemeets the Class B pathogen require-ments in § 503.32(b):

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the site restrictions in§ 503.32(b)(5) for each site on which Class Bsewage sludge was applied was preparedunder my direction and supervision in ac-cordance with the system designed to ensurethat qualified personnel properly gather andevaluate this information. I am aware thatthere are significant penalties for false cer-tification including the possibility of fineand imprisonment.

(K) A description of how the site re-strictions in § 503.32(b)(5) are met foreach site on which Class B bulk sewagesludge is applied.

(L) The following certification state-ment when the vector attraction reduc-tion requirement in either § 503.33(b)(9)or (b)(10) is met:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the vector attraction reduc-tion requirement in (insert either§ 503.33(b)(9) or § 503.33(b)(10)) was preparedunder my direction and supervision in ac-cordance with the system designed to ensurethat qualified personnel properly gather andevaluate this information. I am aware thatthere are significant penalties for false cer-tification including the possibility of fineand imprisonment.

(M) If the vector attraction reductionrequirements in either § 503.33 (b)(9) or(b)(10) are met, a description of how therequirements are met.

(6) If the requirements in§ 503.13(a)(4)(ii) are met when sewagesludge is sold or given away in a bag orother container for application to theland, the person who prepares the sew-age sludge that is sold or given away ina bag or other container shall develop


828

40 CFR Ch. I (7–1–01 Edition)§ 503.18

the following information and shall re-tain the information for five years:

(i) The annual whole sludge applica-tion rate for the sewage sludge thatdoes not cause the annual pollutantloading rates in Table 4 of § 503.13 to beexceeded.

(ii) The concentration of each pollut-ant listed in Table 4 of § 503.13 in thesewage sludge.

(iii) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the management practice in§ 503.14(e), the Class A pathogen requirementin § 503.32(a), and the vector attraction reduc-tion requirement in (insert one of the vectorattraction reduction requirements in§ 503.33(b)(1) through § 503.33(b)(8)) was pre-pared under my direction and supervision inaccordance with the system designed to en-sure that qualified personnel properly gatherand evaluate this information. I am awarethat there are significant penalties for falsecertification including the possibility of fineand imprisonment.

(iv) A description of how the Class Apathogen requirements in § 503.32(a) aremet.

(v) A description of how one of thevector attraction requirements in§ 503.33 (b)(1) through (b)(8) is met.

(b) Domestic septage. When domesticseptage is applied to agricultural land,forest, or a reclamation site, the per-son who applies the domestic septageshall develop the following informationand shall retain the information forfive years:

(1) The location, by either street ad-dress or latitude and longitude, of eachsite on which domestic septage is ap-plied.

(2) The number of acres in each siteon which domestic septage is applied.

(3) The date domestic septage is ap-plied to each site.

(4) The nitrogen requirement for thecrop or vegetation grown on each siteduring a 365 day period.

(5) The rate, in gallons per acre per365 day period, at which domesticseptage is applied to each site.

(6) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the pathogen requirements(insert either § 503.32(c)(1) or § 503.32(c)(2)) and

the vector attraction reduction requirementin [insert § 503.33(b)(9), 503.33(b)(10), or§ 503.33(b)(12)] was prepared under my direc-tion and supervision in accordance with thesystem designed to ensure that qualified per-sonnel properly gather and evaluate this in-formation. I am aware that there are signifi-cant penalties for false certification includ-ing the possibility of fine and imprisonment.

(7) A description of how the pathogenrequirements in either § 503.32(c)(1) or(c)(2) are met.

(8) A description of how the vectorattraction reduction requirements in§ 503.33 (b)(9), (b)(10), or (b)(12) are met.



§ 503.18 Reporting.(a) Class I sludge management facili-

ties, POTWs (as defined in 40 CFR 501.2)with a design flow rate equal to orgreater than one million gallons perday, and POTWs that serve 10,000 peo-ple or more shall submit the followinginformation to the permitting author-ity:

(1) The information in § 503.17(a), ex-cept the information in § 503.17(a)(3)(ii), (a)(4)(ii) and in (a)(5)(ii), forthe appropriate requirements on Feb-ruary 19 of each year.

(2) The information in§ 503.17(a)(5)(ii)(A) through (a)(5)(ii)(G)on February 19th of each year when 90percent or more of any of the cumu-lative pollutant loading rates in Table2 of § 503.13 is reached at a land applica-tion site.



Subpart C—Surface Disposal

§ 503.20 Applicability.(a) This subpart applies to any person

who prepares sewage sludge that isplaced on a surface disposal site, to theowner/operator of a surface disposalsite, to sewage sludge placed on a sur-face disposal site, and to a surface dis-posal site.

(b) This subpart does not apply tosewage sludge stored on the land or to


829


the land on which sewage sludge isstored. It also does not apply to sewagesludge that remains on the land forlonger than two years when the personwho prepares the sewage sludge dem-onstrates that the land on which thesewage sludge remains is not an activesewage sludge unit. The demonstrationshall include the following informa-tion, which shall be retained by theperson who prepares the sewage sludgefor the period that the sewage sludgeremains on the land:

(1) The name and address of the per-son who prepares the sewage sludge.

(2) The name and address of the per-son who either owns the land or leasesthe land.

(3) The location, by either street ad-dress or latitude and longitude, of theland.

(4) An explanation of why sewagesludge needs to remain on the land forlonger than two years prior to final useor disposal.

(5) The approximate time periodwhen the sewage sludge will be used ordisposed.

(c) This subpart does not apply tosewage sludge treated on the land or tothe land on which sewage sludge istreated.


(a) Active sewage sludge unit is a sew-age sludge unit that has not closed.

(b) Aquifer is a geologic formation,group of geologic formations, or a por-tion of a geologic formation capable ofyielding ground water to wells orsprings.

(c) Contaminate an aquifer means tointroduce a substance that causes themaximum contaminant level for ni-trate in 40 CFR 141.62(b) to be exceededin the ground water or that causes theexisting concentration of nitrate inground water to increase when the ex-isting concentration of nitrate in theground water exceeds the maximumcontaminant level for nitrate in 40 CFR141.62(b).

(d) Cover is soil or other materialused to cover sewage sludge placed onan active sewage sludge unit.

(e) Displacement is the relative move-ment of any two sides of a fault meas-ured in any direction.

(f) Fault is a fracture or zone of frac-tures in any materials along whichstrata on one side are displaced withrespect to strata on the other side.

(g) Final cover is the last layer of soilor other material placed on a sewagesludge unit at closure.

(h) Holocene time is the most recentepoch of the Quaternary period, ex-tending from the end of the Pleistoceneepoch to the present.

(i) Leachate collection system is a sys-tem or device installed immediatelyabove a liner that is designed, con-structed, maintained, and operated tocollect and remove leachate from asewage sludge unit.

(j) Liner is soil or synthetic materialthat has a hydraulic conductivity of1×10¥7 centimeters per second or less.

(k) Lower explosive limit for methanegas is the lowest percentage of methanegas in air, by volume, that propagatesa flame at 25 degrees Celsius and at-mospheric pressure.

(l) Qualified ground-water scientist isan individual with a baccalaureate orpost-graduate degree in the naturalsciences or engineering who has suffi-cient training and experience inground-water hydrology and relatedfields, as may be demonstrated byState registration, professional certifi-cation, or completion of accrediteduniversity programs, to make soundprofessional judgments regardingground-water monitoring, pollutantfate and transport, and corrective ac-tion.

(m) Seismic impact zone is an area thathas a 10 percent or greater probabilitythat the horizontal ground level accel-eration of the rock in the area exceeds0.10 gravity once in 250 years.

(n) Sewage sludge unit is land onwhich only sewage sludge is placed forfinal disposal. This does not includeland on which sewage sludge is eitherstored or treated. Land does not in-clude waters of the United States, asdefined in 40 CFR 122.2.

(o) Sewage sludge unit boundary is theoutermost perimeter of an active sew-age sludge unit.

(p) Surface disposal site is an area ofland that contains one or more activesewage sludge units.

(q) Unstable area is land subject tonatural or human-induced forces that


830

40 CFR Ch. I (7–1–01 Edition)§ 503.22

may damage the structural compo-nents of an active sewage sludge unit.This includes, but is not limited to,land on which the soils are subject tomass movement.


§ 503.22 General requirements.

(a) No person shall place sewagesludge on an active sewage sludge unitunless the requirements in this subpartare met.

(b) An active sewage sludge unit lo-cated within 60 meters of a fault thathas displacement in Holocene time; lo-cated in an unstable area; or located ina wetland, except as provided in a per-mit issued pursuant to either section402 or 404 of the CWA, shall close byMarch 22, 1994, unless, in the case of anactive sewage sludge unit located with-in 60 meters of a fault that has dis-placement in Holocene time, otherwisespecified by the permitting authority.

(c) The owner/operator of an activesewage sludge unit shall submit a writ-ten closure and post closure plan to thepermitting authority 180 days prior tothe date that the active sewage sludgeunit closes. The plan shall describe howthe sewage sludge unit will be closedand, at a minimum, shall include:

(1) A discussion of how the leachatecollection system will be operated andmaintained for three years after thesewage sludge unit closes if the sewagesludge unit has a liner and leachatecollection system.

(2) A description of the system usedto monitor for methane gas in the airin any structures within the surfacedisposal site and in the air at the prop-erty line of the surface disposal site, asrequired in § 503.24(j)(2).

(3) A discussion of how public accessto the surface disposal site will be re-stricted for three years after the lastsewage sludge unit in the surface dis-posal site closes.

(d) The owner of a surface disposalsite shall provide written notificationto the subsequent owner of the sitethat sewage sludge was placed on theland.


§ 503.23 Pollutant limits (other thandomestic septage).

(a) Active sewage sludge unit withouta liner and leachate collection system.

(1) Except as provided in § 503.23 (a)(2)and (b), the concentration of each pol-lutant listed in Table 1 of § 503.23 insewage sludge placed on an active sew-age sludge unit shall not exceed theconcentration for the pollutant inTable 1 of § 503.23.

TABLE 1 OF § 503.23.—POLLUTANT CON-CENTRATIONS—ACTIVE SEWAGE SLUDGE UNITWITHOUT A LINER AND LEACHATE COLLECTION

PollutantConcentration(milligrams per

kilograms 1)

Arsenic ........................................................... 73Chromium ...................................................... 600Nickel ............................................................. 420

1 Dry weight basis.

(2) Except as provided in § 503.23(b),the concentration of each pollutantlisted in Table 1 of § 503.23 in sewagesludge placed on an active sewagesludge unit whose boundary is lessthan 150 meters from the property lineof the surface disposal site shall not ex-ceed the concentration determinedusing the following procedure.

(i) The actual distance from the ac-tive sewage sludge unit boundary tothe property line of the surface dis-posal site shall be determined.

(ii) The concentration of each pollut-ant listed in Table 2 of § 503.23 in thesewage sludge shall not exceed the con-centration in Table 2 of § 503.23 thatcorresponds to the actual distance in§ 503.23(a)(2)(i).

TABLE 2 OF § 503.23.—POLLUTANT CON-CENTRATIONS—ACTIVE SEWAGE SLUDGE UNITWITHOUT A LINER AND LEACHATE COLLECTIONSYSTEM THAT HAS A UNIT BOUNDARY TOPROPERTY LINE DISTANCE LESS THAN 150METERS

Unit boundary to propertyline

Pollutant concentration 1

Distance (meters)Arsenic(mg/kg)

Chro-mium

(mg/kg)

Nickel(mg/kg)

0 to less than 25 ............... 30 200 21025 to less than 50 ............. 34 220 24050 to less than 75 ............. 39 260 27075 to less than 100 ........... 46 300 320100 to less than 125 ......... 53 360 390


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TABLE 2 OF § 503.23.—POLLUTANT CON-CENTRATIONS—ACTIVE SEWAGE SLUDGE UNITWITHOUT A LINER AND LEACHATE COLLECTIONSYSTEM THAT HAS A UNIT BOUNDARY TOPROPERTY LINE DISTANCE LESS THAN 150METERS—Continued

Unit boundary to propertyline

Pollutant concentration 1

Distance (meters)Arsenic(mg/kg)

Chro-mium

(mg/kg)

Nickel(mg/kg)

125 to less than 150 ......... 62 450 420

1 Dry weight basis.

(b) Active sewage sludge unit withouta liner and leachate collection sys-tem—site-specific limits.

(1) At the time of permit application,the owner/operator of a surface dis-posal site may request site-specific pol-lutant limits in accordance with§ 503.23(b)(2) for an active sewage sludgeunit without a liner and leachate col-lection system when the existing val-ues for site parameters specified by thepermitting authority are different fromthe values for those parameters used todevelop the pollutant limits in Table 1of § 503.23 and when the permitting au-thority determines that site-specificpollutant limits are appropriate for theactive sewage sludge unit.

(2) The concentration of each pollut-ant listed in Table 1 of § 503.23 in sew-age sludge placed on an active sewagesludge unit without a liner and leach-ate collection system shall not exceedeither the concentration for the pollut-ant determined during a site-specificassessment, as specified by the permit-ting authority, or the existing con-centration of the pollutant in the sew-age sludge, whichever is lower.

§ 503.24 Management practices.

(a) Sewage sludge shall not be placedon an active sewage sludge unit if it islikely to adversely affect a threatenedor endangered species listed under sec-tion 4 of the Endangered Species Act orits designated critical habitat.

(b) An active sewage sludge unit shallnot restrict the flow of a base flood.

(c) When a surface disposal site is lo-cated in a seismic impact zone, an ac-tive sewage sludge unit shall be de-signed to withstand the maximum re-corded horizontal ground level accel-eration.

(d) An active sewage sludge unit shallbe located 60 meters or more from afault that has displacement in Holo-cene time, unless otherwise specifiedby the permitting authority.

(e) An active sewage sludge unit shallnot be located in an unstable area.

(f) An active sewage sludge unit shallnot be located in a wetland, except asprovided in a permit issued pursuant tosection 402 or 404 of the CWA.

(g)(1) Run-off from an active sewagesludge unit shall be collected and shallbe disposed in accordance with Na-tional Pollutant Discharge EliminationSystem permit requirements and anyother applicable requirements.

(2) The run-off collection system foran active sewage sludge unit shall havethe capacity to handle run-off from a24-hour, 25-year storm event.

(h) The leachate collection systemfor an active sewage sludge unit thathas a liner and leachate collection sys-tem shall be operated and maintainedduring the period the sewage sludgeunit is active and for three years afterthe sewage sludge unit closes.

(i) Leachate from an active sewagesludge unit that has a liner and leach-ate collection system shall be collectedand shall be disposed in accordancewith the applicable requirements dur-ing the period the sewage sludge unit isactive and for three years after thesewage sludge unit closes.

(j)(1) When a cover is placed on an ac-tive sewage sludge unit, the concentra-tion of methane gas in air in any struc-ture within the surface disposal siteshall not exceed 25 percent of the lowerexplosive limit for methane gas duringthe period that the sewage sludge unitis active and the concentration ofmethane gas in air at the property lineof the surface disposal site shall not ex-ceed the lower explosive limit formethane gas during the period that thesewage sludge unit is active.

(2) When a final cover is placed on asewage sludge unit at closure, the con-centration of methane gas in air in anystructure within the surface disposalsite shall not exceed 25 percent of thelower explosive limit for methane gasfor three years after the sewage sludgeunit closes and the concentration ofmethane gas in air at the property line


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40 CFR Ch. I (7–1–01 Edition)§ 503.25

of the surface disposal site shall not ex-ceed the lower explosive limit formethane gas for three years after thesewage sludge unit closes, unless other-wise specified by the permitting au-thority.

(k) A food crop, a feed crop, or a fibercrop shall not be grown on an activesewage sludge unit, unless the owner/operator of the surface disposal sitedemonstrates to the permitting au-thority that through managementpractices public health and the envi-ronment are protected from any rea-sonably anticipated adverse effects ofpollutants in sewage sludge when cropsare grown.

(l) Animals shall not be grazed on anactive sewage sludge unit, unless theowner/operator of the surface disposalsite demonstrates to the permittingauthority that through managementpractices public health and the envi-ronment are protected from any rea-sonably anticipated adverse effects ofpollutants in sewage sludge when ani-mals are grazed.

(m) Public access to a surface dis-posal site shall be restricted for the pe-riod that the surface disposal site con-tains an active sewage sludge unit andfor three years after the last activesewage sludge unit in the surface dis-posal site closes.

(n)(1) Sewage sludge placed on an ac-tive sewage sludge unit shall not con-taminate an aquifer.

(2) Results of a ground-water moni-toring program developed by a quali-fied ground-water scientist or a certifi-cation by a qualified ground-water sci-entist shall be used to demonstrate

that sewage sludge placed on an activesewage sludge unit does not contami-nate an aquifer.

§ 503.25 Operational standards—patho-gens and vector attraction reduc-tion.

(a) Pathogens—sewage sludge (otherthan domestic septage). The Class Apathogens requirements in § 503.32(a) orone of the Class B pathogen require-ments in § 503.32 (b)(2) through (b)(4)shall be met when sewage sludge isplaced on an active sewage sludge unit,unless the vector attraction reductionrequirement in § 503.33(b)(11) is met.

(b) Vector attraction reduction—sewagesludge (other than domestic septage). Oneof the vector attraction reduction re-quirements in § 503.33 (b)(1) through(b)(11) shall be met when sewage sludgeis placed on an active sewage sludgeunit.

(c) Vector attraction reduction—domes-tic septage. One of the vector attractionreduction requirement in § 503.33 (b)(9)through (b)(12) shall be met when do-mestic septage is placed on an activesewage sludge unit.

§ 503.26 Frequency of monitoring.(a) Sewage sludge (other than domestic

septage). (1) The frequency of moni-toring for the pollutants in Tables 1and 2 of § 503.23; the pathogen densityrequirements in § 503.32(a) and in§ 503.32(b)(2); and the vector attractionreduction requirements in § 503.33(b)(1)through (b)(4) and § 503.33(b)(7) through(b)(8) for sewage sludge placed on anactive sewage sludge unit shall be thefrequency in Table 1 of § 503.26.

TABLE 1 OF § 503.26.—FREQUENCY OF MONITORING—SURFACE DISPOSAL

Amount of sewage sludge 1

(metric tons per 365 day period) Frequency

Greater than zero but less than 290 ................................................. Once per year.Equal to or greater than 290 but less than 1,500 ............................. Once per quarter (four times per year).Equal to or greater than 1,500 but less than 15,000 ........................ Once per 60 days (six times per year).Equal to or greater than 15,000 ........................................................ Once per month (12 times per year).

1 Amount of sewage sludge placed on an active sewage sludge unit (dry weight basis).

(2) After the sewage sludge has beenmonitored for two years at the fre-quency in Table 1 of this section, thepermitting authority may reduce thefrequency of monitoring for pollutantconcentrations and for the pathogen

density requirements in § 503.32(a)(5)(ii)and (a)(5)(iii).

(b) Domestic septage. If the vector at-traction reduction requirements in§ 503.33(b)(12) are met when domesticseptage is placed on an active sewage


833


sludge unit, each container of domesticseptage shall be monitored for compli-ance with those requirements.

(c) Air. Air in structures within a sur-face disposal site and at the propertyline of the surface disposal site shall bemonitored continuously for methanegas during the period that the surfacedisposal site contains an active sewagesludge unit on which the sewage sludgeis covered and for three years after asewage sludge unit closes when a finalcover is placed on the sewage sludge.



§ 503.27 Recordkeeping.(a) When sewage sludge (other than

domestic septage) is placed on an ac-tive sewage sludge unit:

(1) The person who prepares the sew-age sludge shall develop the followinginformation and shall retain the infor-mation for five years.

(i) The concentration of each pollut-ant listed in Table 1 of § 503.23 in thesewage sludge when the pollutant con-centrations in Table 1 of § 503.23 aremet.


I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the pathogen requirementsin (insert § 503.32(a), § 503.32(b)(2),§ 503.32(b)(3), or § 503.32(b)(4) when one ofthose requirements is met) and the vectorattraction reduction requirement in (insertone of the vector attraction reduction re-quirements in § 503.33 (b)(1) through (b)(8) ifone of those requirements is met) was pre-pared under my direction and supervision inaccordance with the system designed to en-sure that qualified personnel properly gatherand evaluate this information. I am awarethat there are significant penalties for falsecertification including the possibility of fineand imprisonment.

(iii) A description of how the patho-gen requirements in § 503.32 (a), (b)(2),(b)(3), or (b)(4) are met when one ofthose requirements is met.

(iv) A description of how one of thevector attraction reduction require-ments in § 503.33 (b)(1) through (b)(8) ismet when one of those requirements ismet.

(2) The owner/operator of the surfacedisposal site, shall develop the fol-lowing information and shall retainthat information for five years.

(i) The concentration of each pollut-ant listed in Table 2 of § 503.23 in thesewage sludge when the pollutant con-centrations in Table 2 of § 503.23 aremet or when site-specific pollutantlimits in § 503.23(b) are met.


I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the management practicesin § 503.24 and the vector attraction reduc-tion requirement in (insert one of the re-quirements in § 503.33(b)(9) through§ 503.33(b)(11) if one of those requirements ismet) was prepared under my direction andsupervision in accordance with the systemdesigned to ensure that qualified personnelproperly gather and evaluate this informa-tion. I am aware that there are significantpenalties for false certification including thepossibility of fine and imprisonment.

(iii) A description of how the man-agement practices in § 503.24 are met.

(iv) A description of how the vectorattraction reduction requirements in§ 503.33 (b)(9) through (b)(11) are met ifone of those requirements is met.

(b) When domestic septage is placedon a surface disposal site:

(1) If the vector attraction reductionrequirements in § 503.33(b)(12) are met,the person who places the domesticseptage on the surface disposal siteshall develop the following informationand shall retain the information forfive years:

(i) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the vector attraction reduc-tion requirements in § 503.33(b)(12) was pre-pared under my direction and supervision inaccordance with the system designed to en-sure that qualified personnel properly gatherand evaluate this information. I am awarethat there are significant penalties for falsecertification including the possibility of fineand imprisonment.

(ii) A description of how the vectorattraction reduction requirements in§ 503.33(b)(12) are met.


834

40 CFR Ch. I (7–1–01 Edition)§ 503.28

(2) The owner/operator of the surfacedisposal site shall develop the fol-lowing information and shall retainthat information for five years:

(i) The following certification state-ment:

I certify, under penalty of law, that the in-formation that will be used to determinecompliance with the management practicesin § 503.24 and the vector attraction reduc-tion requirements in (insert § 503.33(b)(9)through § 503.33(b)(11) if one of those require-ments is met) was prepared under my direc-tion and supervision in accordance with thesystem designed to ensure that qualified per-sonnel properly gather and evaluate this in-formation. I am aware that there are signifi-cant penalties for false certification includ-ing the possibility of fine or imprisonment.

(ii) A description of how the manage-ment practices in § 503.24 are met.

(iii) A description how the vector at-traction reduction requirements in§ 503.33(b)(9) through § 503.33(b)(11) aremet if one of those requirements ismet.



§ 503.28 Reporting.Class I sludge management facilities,

POTWs (as defined in 40 CFR 501.2)with a design flow rate equal to orgreater than one million gallons perday, and POTWs that serve 10,000 peo-ple or more shall submit the informa-tion in § 503.27(a) to the permitting au-thority on February 19 of each year.


Subpart D—Pathogens and VectorAttraction Reduction

§ 503.30 Scope.(a) This subpart contains the require-

ments for a sewage sludge to be classi-fied either Class A or Class B with re-spect to pathogens.

(b) This subpart contains the site re-strictions for land on which a Class Bsewage sludge is applied.

(c) This subpart contains the patho-gen requirements for domestic septageapplied to agricultural land, forest, ora reclamation site.

(d) This subpart contains alternativevector attraction reduction require-ments for sewage sludge that is appliedto the land or placed on a surface dis-posal site.


(a) Aerobic digestion is the bio-chemical decomposition of organicmatter in sewage sludge into carbon di-oxide and water by microorganisms inthe presence of air.

(b) Anaerobic digestion is the bio-chemical decomposition of organicmatter in sewage sludge into methanegas and carbon dioxide by microorga-nisms in the absence of air.

(c) Density of microorganisms is thenumber of microorganisms per unitmass of total solids (dry weight) in thesewage sludge.

(d) Land with a high potential for pub-lic exposure is land that the public usesfrequently. This includes, but is notlimited to, a public contact site and areclamation site located in a populatedarea (e.g, a construction site located ina city).

(e) Land with a low potential for publicexposure is land that the public uses in-frequently. This includes, but is notlimited to, agricultural land, forest,and a reclamation site located in anunpopulated area (e.g., a strip mine lo-cated in a rural area).

(f) Pathogenic organisms are disease-causing organisms. These include, butare not limited to, certain bacteria,protozoa, viruses, and viable helminthova.

(g) pH means the logarithm of the re-ciprocal of the hydrogen ion concentra-tion measured at 25 °Centigrade ormeasured at another temperature andthen converted to an equivalent valueat 25 °Centigrade.

(h) Specific oxygen uptake rate (SOUR)is the mass of oxygen consumed perunit time per unit mass of total solids(dry weight basis) in the sewage sludge.

(i) Total solids are the materials insewage sludge that remain as residuewhen the sewage sludge is dried at 103to 105 degrees Celsius.

(j) Unstabilized solids are organic ma-terials in sewage sludge that have notbeen treated in either an aerobic or an-aerobic treatment process.


835


(k) Vector attraction is the char-acteristic of sewage sludge that at-tracts rodents, flies, mosquitos, orother organisms capable of trans-porting infectious agents.

(l) Volatile solids is the amount of thetotal solids in sewage sludge lost whenthe sewage sludge is combusted at 550degrees Celsius in the presence of ex-cess air.


§ 503.32 Pathogens.

(a) Sewage sludge—Class A. (1) The re-quirement in § 503.32(a)(2) and the re-quirements in either § 503.32(a)(3),(a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) shallbe met for a sewage sludge to be classi-fied Class A with respect to pathogens.

(2) The Class A pathogen require-ments in § 503.32 (a)(3) through (a)(8)shall be met either prior to meeting orat the same time the vector attractionreduction requirements in § 503.33, ex-cept the vector attraction reduction re-quirements in § 503.33 (b)(6) through(b)(8), are met.

(3) Class A—Alternative 1. (i) Eitherthe density of fecal coliform in thesewage sludge shall be less than 1000Most Probable Number per gram oftotal solids (dry weight basis), or thedensity of Salmonella sp. bacteria in thesewage sludge shall be less than threeMost Probable Number per four gramsof total solids (dry weight basis) at thetime the sewage sludge is used or dis-posed; at the time the sewage sludge isprepared for sale or give away in a bagor other container for application tothe land; or at the time the sewagesludge or material derived from sewagesludge is prepared to meet the require-ments in § 503.10 (b), (c), (e), or (f).

(ii) The temperature of the sewagesludge that is used or disposed shall bemaintained at a specific value for a pe-riod of time.

(A) When the percent solids of thesewage sludge is seven percent or high-er, the temperature of the sewagesludge shall be 50 degrees Celsius orhigher; the time period shall be 20 min-utes or longer; and the temperatureand time period shall be determinedusing equation (2), except when smallparticles of sewage sludge are heated

by either warmed gases or an immis-cible liquid.

D Eqt= 131 700 000

1020 1400

, ,. ( ).

Where,D=time in days.t=temperature in degrees Celsius.

(B) When the percent solids of thesewage sludge is seven percent or high-er and small particles of sewage sludgeare heated by either warmed gases oran immiscible liquid, the temperatureof the sewage sludge shall be 50 degreesCelsius or higher; the time period shallbe 15 seconds or longer; and the tem-perature and time period shall be de-termined using equation (2).

(C) When the percent solids of thesewage sludge is less than seven per-cent and the time period is at least 15seconds, but less than 30 minutes, thetemperature and time period shall bedetermined using equation (2).

(D) When the percent solids of thesewage sludge is less than seven per-cent; the temperature of the sewagesludge is 50 degrees Celsius or higher;and the time period is 30 minutes orlonger, the temperature and time pe-riod shall be determined using equation(3).

D Eqt= 50 070 000

1030 1400

, ,. ( ).

Where,D=time in days.t=temperature in degrees Celsius.

(4) Class A—Alternative 2. (i) Eitherthe density of fecal coliform in thesewage sludge shall be less than 1000Most Probable Number per gram oftotal solids (dry weight basis), or thedensity of Salmonella sp. bacteria in thesewage sludge shall be less than threeMost Probable Number per four gramsof total solids (dry weight basis) at thetime the sewage sludge is used or dis-posed; at the time the sewage sludge isprepared for sale or give away in a bagor other container for application tothe land; or at the time the sewagesludge or material derived from sewagesludge is prepared to meet the require-ments in § 503.10 (b), (c), (e), or (f).

(ii)(A) The pH of the sewage sludgethat is used or disposed shall be raised


836

40 CFR Ch. I (7–1–01 Edition)§ 503.32

to above 12 and shall remain above 12for 72 hours.

(B) The temperature of the sewagesludge shall be above 52 degrees Celsiusfor 12 hours or longer during the periodthat the pH of the sewage sludge isabove 12.

(C) At the end of the 72 hour periodduring which the pH of the sewagesludge is above 12, the sewage sludgeshall be air dried to achieve a percentsolids in the sewage sludge greaterthan 50 percent.

(5) Class A—Alternative 3. (i) Eitherthe density of fecal coliform in thesewage sludge shall be less than 1000Most Probable Number per gram oftotal solids (dry weight basis), or thedensity of Salmonella sp. bacteria insewage sludge shall be less than threeMost Probable Number per four gramsof total solids (dry weight basis) at thetime the sewage sludge is used or dis-posed; at the time the sewage sludge isprepared for sale or give away in a bagor other container for application tothe land; or at the time the sewagesludge or material derived from sewagesludge is prepared to meet the require-ments in § 503.10 (b), (c), (e), or (f).

(ii)(A) The sewage sludge shall beanalyzed prior to pathogen treatmentto determine whether the sewagesludge contains enteric viruses.

(B) When the density of enteric vi-ruses in the sewage sludge prior topathogen treatment is less than onePlaque-forming Unit per four grams oftotal solids (dry weight basis), the sew-age sludge is Class A with respect toenteric viruses until the next moni-toring episode for the sewage sludge.

(C) When the density of enteric vi-ruses in the sewage sludge prior topathogen treatment is equal to orgreater than one Plaque-forming Unitper four grams of total solids (dryweight basis), the sewage sludge isClass A with respect to enteric viruseswhen the density of enteric viruses inthe sewage sludge after pathogen treat-ment is less than one Plaque-formingUnit per four grams of total solids (dryweight basis) and when the values orranges of values for the operating pa-rameters for the pathogen treatmentprocess that produces the sewagesludge that meets the enteric virusdensity requirement are documented.

(D) After the enteric virus reductionin paragraph (a)(5)(ii)(C) of this sectionis demonstrated for the pathogen treat-ment process, the sewage sludge con-tinues to be Class A with respect to en-teric viruses when the values for thepathogen treatment process operatingparameters are consistent with the val-ues or ranges of values documented inparagraph (a)(5)(ii)(C) of this section.

(iii)(A) The sewage sludge shall beanalyzed prior to pathogen treatmentto determine whether the sewagesludge contains viable helminth ova.

(B) When the density of viablehelminth ova in the sewage sludgeprior to pathogen treatment is lessthan one per four grams of total solids(dry weight basis), the sewage sludge isClass A with respect to viable helminthova until the next monitoring episodefor the sewage sludge.

(C) When the density of viablehelminth ova in the sewage sludgeprior to pathogen treatment is equal toor greater than one per four grams oftotal solids (dry weight basis), the sew-age sludge is Class A with respect toviable helminth ova when the densityof viable helminth ova in the sewagesludge after pathogen treatment is lessthan one per four grams of total solids(dry weight basis) and when the valuesor ranges of values for the operatingparameters for the pathogen treatmentprocess that produces the sewagesludge that meets the viable helminthova density requirement are docu-mented.

(D) After the viable helminth ova re-duction in paragraph (a)(5)(iii)(C) ofthis section is demonstrated for thepathogen treatment process, the sew-age sludge continues to be Class A withrespect to viable helminth ova whenthe values for the pathogen treatmentprocess operating parameters are con-sistent with the values or ranges ofvalues documented in paragraph(a)(5)(iii)(C) of this section.

(6) Class A—Alternative 4. (i) Eitherthe density of fecal coliform in thesewage sludge shall be less than 1000Most Probable Number per gram oftotal solids (dry weight basis), or thedensity of Salmonella sp. bacteria in thesewage sludge shall be less than threeMost Probable Number per four gramsof total solids (dry weight basis) at the


837


time the sewage sludge is used or dis-posed; at the time the sewage sludge isprepared for sale or give away in a bagor other container for application tothe land; or at the time the sewagesludge or material derived from sewagesludge is prepared to meet the require-ments in § 503.10 (b), (c), (e), or (f).

(ii) The density of enteric viruses inthe sewage sludge shall be less thanone Plaque-forming Unit per fourgrams of total solids (dry weight basis)at the time the sewage sludge is usedor disposed; at the time the sewagesludge is prepared for sale or give awayin a bag or other container for applica-tion to the land; or at the time thesewage sludge or material derived fromsewage sludge is prepared to meet therequirements in § 503.10 (b), (c), (e), or(f), unless otherwise specified by thepermitting authority.

(iii) The density of viable helminthova in the sewage sludge shall be lessthan one per four grams of total solids(dry weight basis) at the time the sew-age sludge is used or disposed; at thetime the sewage sludge is prepared forsale or give away in a bag or other con-tainer for application to the land; or atthe time the sewage sludge or materialderived from sewage sludge is preparedto meet the requirements in § 503.10 (b),(c), (e), or (f), unless otherwise speci-fied by the permitting authority.

(7) Class A—Alternative 5. (i) Eitherthe density of fecal coliform in thesewage sludge shall be less than 1000Most Probable Number per gram oftotal solids (dry weight basis), or thedensity of Salmonella, sp. bacteria inthe sewage sludge shall be less thanthree Most Probable Number per fourgrams of total solids (dry weight basis)at the time the sewage sludge is usedor disposed; at the time the sewagesludge is prepared for sale or givenaway in a bag or other container forapplication to the land; or at the timethe sewage sludge or material derivedfrom sewage sludge is prepared to meetthe requirements in § 503.10(b), (c), (e),or (f).

(ii) Sewage sludge that is used or dis-posed shall be treated in one of theProcesses to Further Reduce Patho-gens described in appendix B of thispart.

(8) Class A—Alternative 6. (i) Eitherthe density of fecal coliform in thesewage sludge shall be less than 1000Most Probable Number per gram oftotal solids (dry weight basis), or thedensity of Salmonella, sp. bacteria inthe sewage sludge shall be less thanthree Most Probable Number per fourgrams of total solids (dry weight basis)at the time the sewage sludge is usedor disposed; at the time the sewagesludge is prepared for sale or givenaway in a bag or other container forapplication to the land; or at the timethe sewage sludge or material derivedfrom sewage sludge is prepared to meetthe requirements in § 503.10(b), (c), (e),or (f).

(ii) Sewage sludge that is used or dis-posed shall be treated in a process thatis equivalent to a Process to FurtherReduce Pathogens, as determined bythe permitting authority.

(b) Sewage sludge—Class B. (1)(i) Therequirements in either § 503.32(b)(2),(b)(3), or (b)(4) shall be met for a sew-age sludge to be classified Class B withrespect to pathogens.

(ii) The site restrictions in§ 503.32(b)(5) shall be met when sewagesludge that meets the Class B pathogenrequirements in § 503.32(b)(2), (b)(3), or(b)(4) is applied to the land.

(2) Class B—Alternative 1. (i) Sevenrepresentative samples of the sewagesludge that is used or disposed shall becollected.

(ii) The geometric mean of the den-sity of fecal coliform in the samplescollected in paragraph (b)(2)(i) of thissection shall be less than either2,000,000 Most Probable Number pergram of total solids (dry weight basis)or 2,000,000 Colony Forming Units pergram of total solids (dry weight basis).

(3) Class B—Alternative 2. Sewagesludge that is used or disposed shall betreated in one of the Processes to Sig-nificantly Reduce Pathogens describedin appendix B of this part.

(4) Class B—Alternative 3. Sewagesludge that is used or disposed shall betreated in a process that is equivalentto a Process to Significantly ReducePathogens, as determined by the per-mitting authority.

(5) Site restrictions. (i) Food crops withharvested parts that touch the sewagesludge/soil mixture and are totally


838

40 CFR Ch. I (7–1–01 Edition)§ 503.33

above the land surface shall not be har-vested for 14 months after applicationof sewage sludge.

(ii) Food crops with harvested partsbelow the surface of the land shall notbe harvested for 20 months after appli-cation of sewage sludge when the sew-age sludge remains on the land surfacefor four months or longer prior to in-corporation into the soil.

(iii) Food crops with harvested partsbelow the surface of the land shall notbe harvested for 38 months after appli-cation of sewage sludge when the sew-age sludge remains on the land surfacefor less than four months prior to in-corporation into the soil.

(iv) Food crops, feed crops, and fibercrops shall not be harvested for 30 daysafter application of sewage sludge.

(v) Animals shall not be grazed onthe land for 30 days after application ofsewage sludge.

(vi) Turf grown on land where sewagesludge is applied shall not be harvestedfor one year after application of thesewage sludge when the harvested turfis placed on either land with a high po-tential for public exposure or a lawn,unless otherwise specified by the per-mitting authority.

(vii) Public access to land with a highpotential for public exposure shall berestricted for one year after applica-tion of sewage sludge.

(viii) Public access to land with a lowpotential for public exposure shall berestricted for 30 days after applicationof sewage sludge.

(c) Domestic septage. (1) The site re-strictions in § 503.32(b)(5) shall be metwhen domestic septage is applied to ag-ricultural land, forest, or a reclama-tion site; or

(2) The pH of domestic septage ap-plied to agricultural land, forest, or areclamation site shall be raised to 12 orhigher by alkali addition and, withoutthe addition of more alkali, shall re-main at 12 or higher for 30 minutes andthe site restrictions in § 503.32 (b)(5)(i)through (b)(5)(iv) shall be met.


§ 503.33 Vector attraction reduction.(a)(1) One of the vector attraction re-

duction requirements in § 503.33 (b)(1)through (b)(10) shall be met when bulk

sewage sludge is applied to agriculturalland, forest, a public contact site, or areclamation site.

(2) One of the vector attraction re-duction requirements in § 503.33 (b)(1)through (b)(8) shall be met when bulksewage sludge is applied to a lawn or ahome garden.

(3) One of the vector attraction re-duction requirements in § 503.33 (b)(1)through (b)(8) shall be met when sew-age sludge is sold or given away in abag or other container for applicationto the land.

(4) One of the vector attraction re-duction requirements in § 503.33 (b)(1)through (b)(11) shall be met when sew-age sludge (other than domesticseptage) is placed on an active sewagesludge unit.

(5) One of the vector attraction re-duction requirements in § 503.33 (b)(9),(b)(10), or (b)(12) shall be met when do-mestic septage is applied to agricul-tural land, forest, or a reclamation siteand one of the vector attraction reduc-tion requirements in § 503.33 (b)(9)through (b)(12) shall be met when do-mestic septage is placed on an activesewage sludge unit.

(b)(1) The mass of volatile solids inthe sewage sludge shall be reduced by aminimum of 38 percent (see calculationprocedures in ‘‘Environmental Regula-tions and Technology—Control ofPathogens and Vector Attraction inSewage Sludge’’, EPA–625/R–92/013, 1992,U.S. Environmental Protection Agen-cy, Cincinnati, Ohio 45268).

(2) When the 38 percent volatile solidsreduction requirement in § 503.33(b)(1)cannot be met for an anaerobically di-gested sewage sludge, vector attractionreduction can be demonstrated by di-gesting a portion of the previously di-gested sewage sludge anaerobically inthe laboratory in a bench-scale unit for40 additional days at a temperature be-tween 30 and 37 degrees Celsius. Whenat the end of the 40 days, the volatilesolids in the sewage sludge at the be-ginning of that period is reduced byless than 17 percent, vector attractionreduction is achieved.

(3) When the 38 percent volatile solidsreduction requirement in § 503.33(b)(1)cannot be met for an aerobically di-gested sewage sludge, vector attraction


839


reduction can be demonstrated by di-gesting a portion of the previously di-gested sewage sludge that has a per-cent solids of two percent or lessaerobically in the laboratory in abench-scale unit for 30 additional daysat 20 degrees Celsius. When at the endof the 30 days, the volatile solids in thesewage sludge at the beginning of thatperiod is reduced by less than 15 per-cent, vector attraction reduction isachieved.

(4) The specific oxygen uptake rate(SOUR) for sewage sludge treated in anaerobic process shall be equal to or lessthan 1.5 milligrams of oxygen per hourper gram of total solids (dry weightbasis) at a temperature of 20 degreesCelsius.

(5) Sewage sludge shall be treated inan aerobic process for 14 days orlonger. During that time, the tempera-ture of the sewage sludge shall be high-er than 40 degrees Celsius and the aver-age temperature of the sewage sludgeshall be higher than 45 degrees Celsius.

(6) The pH of sewage sludge shall beraised to 12 or higher by alkali additionand, without the addition of more al-kali, shall remain at 12 or higher fortwo hours and then at 11.5 or higher foran additional 22 hours.

(7) The percent solids of sewagesludge that does not containunstabilized solids generated in a pri-mary wastewater treatment processshall be equal to or greater than 75 per-cent based on the moisture content andtotal solids prior to mixing with othermaterials.

(8) The percent solids of sewagesludge that contains unstabilized solidsgenerated in a primary wastewatertreatment process shall be equal to orgreater than 90 percent based on themoisture content and total solids priorto mixing with other materials.

(9)(i) Sewage sludge shall be injectedbelow the surface of the land.

(ii) No significant amount of the sew-age sludge shall be present on the landsurface within one hour after the sew-age sludge is injected.

(iii) When the sewage sludge that isinjected below the surface of the landis Class A with respect to pathogens,the sewage sludge shall be injectedbelow the land surface within eight

hours after being discharged from thepathogen treatment process.

(10)(i) Sewage sludge applied to theland surface or placed on an active sew-age sludge unit shall be incorporatedinto the soil within six hours after ap-plication to or placement on the land,unless otherwise specified by the per-mitting authority.

(ii) When sewage sludge that is incor-porated into the soil is Class A with re-spect to pathogens, the sewage sludgeshall be applied to or placed on theland within eight hours after being dis-charged from the pathogen treatmentprocess.

(11) Sewage sludge placed on an ac-tive sewage sludge unit shall be cov-ered with soil or other material at theend of each operating day.

(12) The pH of domestic septage shallbe raised to 12 or higher by alkali addi-tion and, without the addition of morealkali, shall remain at 12 or higher for30 minutes.


Subpart E—Incineration§ 503.40 Applicability.

(a) This subpart applies to a personwho fires sewage sludge in a sewagesludge incinerator, to a sewage sludgeincinerator, and to sewage sludge firedin a sewage sludge incinerator.

(b) This subpart applies to the exitgas from a sewage sludge incineratorstack.

(c) The management practice in§ 503.45(a), the frequency of monitoringrequirement for total hydrocarbon con-centration in § 503.46(b) and the record-keeping requirements for total hydro-carbon concentration in § 503.47(c) and(n) do not apply if the following condi-tions are met:

(1) The exit gas from a sewage sludgeincinerator stack is monitored con-tinuously for carbon monoxide.

(2) The monthly average concentra-tion of carbon monoxide in the exit gasfrom a sewage sludge incineratorstack, corrected for zero percent mois-ture and to seven percent oxygen, doesnot exceed 100 parts per million on avolumetric basis.

(3) The person who fires sewagesludge in a sewage sludge incinerator


840

40 CFR Ch. I (7–1–01 Edition)§ 503.41

retains the following information forfive years:

(i) The carbon monoxide concentra-tions in the exit gas; and

(ii) A calibration and maintenancelog for the instrument used to measurethe carbon monoxide concentration.

(4) Class I sludge management facili-ties, POTWs (as defined in 40 CFR 501.2)with a design flow rate equal to orgreater than one million gallons perday, and POTWs that serve a popu-lation of 10,000 people or greater sub-mit the monthly average carbon mon-oxide concentrations in the exit gas tothe permitting authority on February19 of each year.

[58 FR 9387, Feb. 19, 1993, as amended at 59FR 9099, Feb. 25, 1994]

§ 503.41 Special definitions.(a) Air pollution control device is one

or more processes used to treat the exitgas from a sewage sludge incineratorstack.

(b) Auxiliary fuel is fuel used to aug-ment the fuel value of sewage sludge.This includes, but is not limited to,natural gas, fuel oil, coal, gas gen-erated during anaerobic digestion ofsewage sludge, and municipal solidwaste (not to exceed 30 percent of thedry weight of sewage sludge and auxil-iary fuel together). Hazardous wastesare not auxiliary fuel.

(c) Average daily concentration is thearithmetic mean of the concentrationof a pollutant in milligrams per kilo-gram of sewage sludge (dry weightbasis) in the samples collected and ana-lyzed in a month.

(d) Control efficiency is the mass of apollutant in the sewage sludge fed toan incinerator minus the mass of thatpollutant in the exit gas from the in-cinerator stack divided by the mass ofthe pollutant in the sewage sludge fedto the incinerator.

(e) Dispersion factor is the ratio of theincrease in the ground level ambientair concentration for a pollutant at orbeyond the property line of the sitewhere the sewage sludge incinerator islocated to the mass emission rate forthe pollutant from the incineratorstack.

(f) Fluidized bed incinerator is an en-closed device in which organic matterand inorganic matter in sewage sludge

are combusted in a bed of particles sus-pended in the combustion chamber gas.

(g) Hourly average is the arithmeticmean of all measurements, taken dur-ing an hour. At least two measure-ments must be taken during the hour.

(h) Incineration is the combustion oforganic matter and inorganic matter insewage sludge by high temperatures inan enclosed device.

(i) Incinerator operating combustiontemperature is the arithmetic mean ofthe temperature readings in the hot-test zone of the furnace recorded in aday (24 hours) when the temperature isaveraged and recorded at least hourlyduring the hours the incinerator oper-ates in a day.

(j) Monthly average is the arithmeticmean of the hourly averages for thehours a sewage sludge incinerator oper-ates during the month.

(k) Performance test combustion tem-perature is the arithmetic mean of theaverage combustion temperature in thehottest zone of the furnace for each ofthe runs in a performance test.

(l) Risk specific concentration is the al-lowable increase in the average dailyground level ambient air concentrationfor a pollutant from the incineration ofsewage sludge at or beyond the prop-erty line of the site where the sewagesludge incinerator is located.

(m) Sewage sludge feed rate is eitherthe average daily amount of sewagesludge fired in all sewage sludge incin-erators within the property line of thesite where the sewage sludge inciner-ators are located for the number ofdays in a 365 day period that each sew-age sludge incinerator operates, or theaverage daily design capacity for allsewage sludge incinerators within theproperty line of the site where the sew-age sludge incinerators are located.

(n) Sewage sludge incinerator is an en-closed device in which only sewagesludge and auxiliary fuel are fired.

(o) Stack height is the difference be-tween the elevation of the top of a sew-age sludge incinerator stack and theelevation of the ground at the base ofthe stack when the difference is equalto or less than 65 meters. When the dif-ference is greater than 65 meters, stackheight is the creditable stack heightdetermined in accordance with 40 CFR51.100 (ii).


841


(p) Total hydrocarbons means the or-ganic compounds in the exit gas from asewage sludge incinerator stack meas-ured using a flame ionization detectioninstrument referenced to propane.

(q) Wet electrostatic precipitator is anair pollution control device that usesboth electrical forces and water to re-move pollutants in the exit gas from asewage sludge incinerator stack.

(r) Wet scrubber is an air pollutioncontrol device that uses water to re-move pollutants in the exit gas from asewage sludge incinerator stack.


§ 503.42 General requirements.

No person shall fire sewage sludge ina sewage sludge incinerator except incompliance with the requirements inthis subpart.

§ 503.43 Pollutant limits.

(a) Firing of sewage sludge in a sew-age sludge incinerator shall not violatethe requirements in the National Emis-sion Standard for Beryllium in subpartC of 40 CFR part 61.

(b) Firing of sewage sludge in a sew-age sludge incinerator shall not violatethe requirements in the National Emis-sion Standard for Mercury in subpart Eof 40 CFR part 61.

(c) Pollutant limit—lead. (1) The aver-age daily concentration for lead in sew-age sludge fed to a sewage sludge incin-erator shall not exceed the concentra-tion calculated using Equation (4).

CNAAQS

DF CE SF= × ×

× −( ) ×0 1 86 400

1

. ,Eq. (4)

Where:

C = Average daily concentration of lead insewage sludge.

NAAQS = National Ambient Air QualityStandard for lead in micrograms percubic meter.

DF = Dispersion factor in micrograms percubic meter per gram per second.

CE = Sewage sludge incinerator control effi-ciency for lead in hundredths.

SF = Sewage sludge feed rate in metric tonsper day (dry weight basis).

(2) The dispersion factor (DF) inequation (4) shall be determined froman air dispersion model in accordancewith § 503.43(e).

(i) When the sewage sludge stackheight is 65 meters or less, the actualsewage sludge incinerator stack heightshall be used in the air dispersionmodel to determine the dispersion fac-tor (DF) for equation (4).

(ii) When the sewage sludge inciner-ator stack height exceeds 65 meters,the creditable stack height shall be de-termined in accordance with 40 CFR51.100(ii) and the creditable stackheight shall be used in the air disper-sion model to determine the dispersionfactor (DF) for equation (4).

(3) The control efficiency (CE) forequation (4) shall be determined from aperformance test of the sewage sludgeincinerator in accordance with§ 503.43(e).

(d) Pollutant limit—arsenic, cadmium,chromium, and nickel. (1) The averagedaily concentration for arsenic, cad-mium, chromium, and nickel in sewagesludge fed to a sewage sludge inciner-ator each shall not exceed the con-centration calculated using equation(5).

CRSC

DF CE SF= ×

× −( ) ×86 400

1

,Eq. (5)

Where:C = Average daily concentration of arsenic,

cadmium, chromium, or nickel in sewagesludge.

CE = Sewage sludge incinerator control effi-ciency for arsenic, cadmium, chromium,or nickel in hundredths.

DF = Dispersion factor in micrograms percubic meter per gram per second.

RSC = Risk specific concentration for ar-senic, cadmium, chromium, or nickel inmicrograms per cubic meter.

SF = Sewage sludge feed rate in metric tonsper day (dry weight basis).

(2) The risk specific concentrationsfor arsenic, cadmium, and nickel usedin equation (5) shall be obtained fromTable 1 of § 503.43.

TABLE 1 OF § 503.43.—RISK SPECIFIC CON-CENTRATION FOR ARSENIC, CADMIUM, ANDNICKEL

Pollutant

Risk specificconcentration(micrograms

per cubicmeter)

Arsenic ............................................................. 0.023Cadmium ......................................................... 0.057Nickel ............................................................... 2.0


842

40 CFR Ch. I (7–1–01 Edition)§ 503.43

(3) The risk specific concentrationfor chromium used in equation (5) shallbe obtained from Table 2 of § 503.43 orshall be calculated using equation (6).

TABLE 2 OF § 503.43.—RISK SPECIFICCONCENTRATION FOR CHROMIUM

Type of Incinerator

Risk specificconcentration(micrograms

per cubicmeter)

Fluidized bed with wet scrubber ...................... 0.65Fluidized bed with wet scrubber and wet elec-

trostatic precipitator ...................................... 0.23Other types with wet scrubber ........................ 0.064Other types with wet scrubber and wet elec-

trostatic precipitator ...................................... 0.016

RSCr

= 0 0085.Eq. (6)

Where:RSC=risk specific concentration for

chromium in micrograms per cubicmeter used in equation (5).

r=decimal fraction of the hexavalentchromium concentration in thetotal chromium concentrationmeasured in the exit gas from thesewage sludge incinerator stack inhundredths.

(4) The dispersion factor (DF) inequation (5) shall be determined froman air dispersion model in accordancewith § 503.43(e).

(i) When the sewage sludge inciner-ator stack height is equal to or lessthan 65 meters, the actual sewagesludge incinerator stack height shallbe used in the air dispersion model todetermine the dispersion factor (DF)for equation (5).

(ii) When the sewage sludge inciner-ator stack height is greater than 65meters, the creditable stack heightshall be determined in accordance with40 CFR 51.100(ii) and the creditablestack height shall be used in the airdispersion model to determine the dis-persion factor (DF) for equation (5).

(5) The control efficiency (CE) forequation (5) shall be determined from aperformance test of the sewage sludgeincinerator in accordance with§ 503.43(e).

(e) Air dispersion modeling and per-formance testing. (1) The air dispersionmodel used to determine the dispersionfactor in § 503.43 (c)(2) and (d)(4) shall be

appropriate for the geographical, phys-ical, and population characteristics atthe sewage sludge incinerator site. Theperformance test used to determine thecontrol efficiencies in § 503.43 (c)(3) and(d)(5) shall be appropriate for the typeof sewage sludge incinerator.

(2) For air dispersion modeling initi-ated after September 3, 1999, the mod-eling results shall be submitted to thepermitting authority 30 days aftercompletion of the modeling. In addi-tion to the modeling results, the sub-mission shall include a description ofthe air dispersion model and the valuesused for the model parameters.

(3) The following procedures, at aminimum, shall apply in conductingperformance tests to determine thecontrol efficiencies in § 503.43(c)(3) and(d)(5) after September 3, 1999:

(i) The performance test shall be con-ducted under representative sewagesludge incinerator conditions at thehighest expected sewage sludge feedrate within the design capacity of thesewage sludge incinerator.

(ii) The permitting authority shall benotified at least 30 days prior to anyperformance test so the permitting au-thority may have the opportunity toobserve the test. The notice shall in-clude a test protocol with incineratoroperating conditions and a list of testmethods to be used.

(iii) Each performance test shall con-sist of three separate runs using theapplicable test method. The control ef-ficiency for a pollutant shall be thearithmetic mean of the control effi-ciencies for the pollutant from thethree runs.

(4) The pollutant limits in § 503.43 (c)and (d) of this section shall be sub-mitted to the permitting authority nolater than 30 days after completion ofthe air dispersion modeling and per-formance test.

(5) Significant changes in geographicor physical characteristics at the in-cinerator site or in incinerator oper-ating conditions require new air disper-sion modeling or performance testingto determine a new dispersion factor ora new control efficiency that will beused to calculate revised pollutant lim-its.



843


§ 503.44 Operational standard—totalhydrocarbons.

(a) The total hydrocarbons con-centration in the exit gas from a sew-age sludge incinerator shall be cor-rected for zero percent moisture bymultiplying the measured total hydro-carbons concentration by the correc-tion factor calculated using equation(7).

Correction factor(percent moisture)

1

(1 X)=

−Eq. ( )7

Where:X=decimal fraction of the percent mois-

ture in the sewage sludge incineratorexit gas in hundredths.

(b) The total hydrocarbons con-centration in the exit gas from a sew-age sludge incinerator shall be cor-rected to seven percent oxygen by mul-tiplying the measured total hydro-carbons concentration by the correc-tion factor calculated using equation(8).

Correction factor(oxygen)

14

(21 )=

− YEq. ( )8

Where:Y=Percent oxygen concentration in the

sewage sludge incinerator stack exit gas(dry volume/dry volume).

(c) The monthly average concentra-tion for total hydrocarbons in the exitgas from a sewage sludge incineratorstack, corrected for zero percent mois-ture using the correction factor fromequation (7) and to seven percent oxy-gen using the correction factor fromequation (8), shall not exceed 100 partsper million on a volumetric basis whenmeasured using the instrument re-quired by § 503.45(a).

§ 503.45 Management practices.(a)(1) An instrument that continu-

ously measures and records the totalhydrocarbons concentration in the sew-age sludge incinerator stack exit gasshall be installed, calibrated, operated,and maintained for a sewage sludge in-cinerator.

(2) The total hydrocarbons instru-ment shall employ a flame ionizationdetector; shall have a heated samplingline maintained at a temperature of 150degrees Celsius or higher at all times;

and shall be calibrated at least onceevery 24-hour operating period usingpropane.

(b) An instrument that continuouslymeasures and records the oxygen con-centration in the sewage sludge incin-erator stack exit gas shall be installed,calibrated, operated, and maintainedfor a sewage sludge incinerator.

(c) An instrument that continuouslymeasures and records information usedto determine the moisture content inthe sewage sludge incinerator stackexit gas shall be installed, calibrated,operated, and maintained for a sewagesludge incinerator.

(d) An instrument that continuouslymeasures and records combustion tem-peratures shall be installed, calibrated,operated, and maintained for a sewagesludge incinerator.

(e) Operation of a sewage sludge in-cinerator shall not cause the operatingcombustion temperature for the sewagesludge incinerator to exceed the per-formance test combustion temperatureby more than 20 percent.

(f) An air pollution control deviceshall be appropriate for the type ofsewage sludge incinerator and the oper-ating parameters for the air pollutioncontrol device shall be adequate to in-dicate proper performance of the airpollution control device. For sewagesludge incinerators subject to the re-quirements in subpart O of 40 CFR part60, operation of the air pollution con-trol device shall not violate the re-quirements for the air pollution con-trol device in subpart O of 40 CFR part60. For all other sewage sludge inciner-ators, operation of the air pollutioncontrol device shall not cause a signifi-cant exceedance of the average valuefor the air pollution control device op-erating parameters from the perform-ance test required by § 503.43 (c)(3) and(d)(5).

(g) Sewage sludge shall not be firedin a sewage sludge incinerator if it islikely to adversely affect a threatenedor endangered species listed under sec-tion 4 of the Endangered Species Act orits designated critical habitat.

(h) The instruments required in§ 503.45(a)–(d) shall be appropriate forthe type of sewage sludge incinerator.



844

40 CFR Ch. I (7–1–01 Edition)§ 503.46

§ 503.46 Frequency of monitoring.

(a) Sewage sludge. (1) The frequency ofmonitoring for beryllium shall be asrequired in subpart C of 40 CFR part 61,and for mercury as required in subpartE of 40 CFR part 61.

(2) The frequency of monitoring forarsenic, cadmium, chromium, lead, andnickel in sewage sludge fed to a sewagesludge incinerator shall be the fre-quency in Table 1 of § 503.46.

TABLE 1 OF § 503.46.—FREQUENCY OFMONITORING—INCINERATION

Amount of sewage sludge 1 (metric tonsper 365 day period) Frequency

Greater than zero but less than 290 ........ Once per year.Equal to or greater than 290 but less

than 1,500.Once per quarter

(four times peryear).

Equal to or greater than 1,500 but lessthan 15,000.

Once per 60 days(six times peryear).

Equal to or greater than 15,000 ............... Once per month(12 times peryear).

1 Amount of sewage sludge fired in a sewage sludge incin-erator (dry weight basis).

(3) After the sewage sludge has beenmonitored for two years at the fre-quency in Table 1 of § 503.46, the per-mitting authority may reduce the fre-quency of monitoring for arsenic, cad-mium, chromium, lead, and nickel.

(b) Total hydrocarbons, oxygen con-centration, information to determine mois-ture content, and combustion tempera-tures. The total hydrocarbons con-centration and oxygen concentrationin the exit gas from a sewage sludge in-cinerator stack, the information usedto measure moisture content in theexit gas, and the combustion tempera-tures for the sewage sludge incineratorshall be monitored continuously.

(c) Air pollution control device oper-ating parameters.

For sewage sludge incinerators sub-ject to the requirements in subpart Oof 40 CFR part 60, the frequency ofmonitoring for the appropriate air pol-lution control device operating param-eters shall be the frequency of moni-toring in subpart O of 40 CFR part 60.For all other sewage sludge inciner-ators, the appropriate air pollution

control device operating parametersshall be at least daily.



§ 503.47 Recordkeeping.

(a) The person who fires sewagesludge in a sewage sludge incineratorshall develop the information in§ 503.47(b) through § 503.47(n) and shallretain that information for five years.

(b) The concentration of lead, ar-senic, cadmium, chromium, and nickelin the sewage sludge fed to the sewagesludge incinerator.

(c) The total hydrocarbons con-centrations in the exit gas from thesewage sludge incinerator stack.

(d) Information that indicates the re-quirements in the National EmissionStandard for beryllium in subpart C of40 CFR part 61 are met.

(e) Information that indicates the re-quirements in the National EmissionStandard for mercury in subpart E of40 CFR part 61 are met.

(f) The operating combustion tem-peratures for the sewage sludge incin-erator.

(g) Values for the air pollution con-trol device operating parameters.

(h) The oxygen concentration and in-formation used to measure moisturecontent in the exit gas from the sewagesludge incinerator stack.

(i) The sewage sludge feed rate.(j) The stack height for the sewage

sludge incinerator.(k) The dispersion factor for the site

where the sewage sludge incinerator islocated.

(l) The control efficiency for lead, ar-senic, cadmium, chromium, and nickelfor each sewage sludge incinerator.

(m) The risk specific concentrationfor chromium calculated using equa-tion (6), if applicable.

(n) A calibration and maintenancelog for the instruments used to meas-ure the total hydrocarbons concentra-tion and oxygen concentration in theexit gas from the sewage sludge incin-erator stack, the information needed to


845

Environmental Protection Agency Pt. 503, App. B

determine moisture content in the exitgas, and the combustion temperatures.



§ 503.48 Reporting.

Class I sludge management facilities,POTWs (as defined in 40 CFR 501.2)with a design flow rate equal to orgreater than one million gallons perday, and POTWs that serve a popu-lation of 10,000 people or greater shallsubmit the information in § 503.47(b)through § 503.47(h) to the permittingauthority on February 19 of each year.


APPENDIX A TO PART 503—PROCEDURETO DETERMINE THE ANNUAL WHOLESLUDGE APPLICATION RATE FOR ASEWAGE SLUDGE

Section 503.13(a)(4)(ii) requires that theproduct of the concentration for each pollut-ant listed in Table 4 of § 503.13 in sewagesludge sold or given away in a bag or othercontainer for application to the land and theannual whole sludge application rate(AWSAR) for the sewage sludge not causethe annual pollutant loading rate for the pol-lutant in Table 4 of § 503.13 to be exceeded.This appendix contains the procedure used todetermine the AWSAR for a sewage sludgethat does not cause the annual pollutantloading rates in Table 4 of § 503.13 to be ex-ceeded.

The relationship between the annual pol-lutant loading rate (APLR) for a pollutantand the annual whole sludge application rate(AWSAR) for 1a sewage sludge is shown inequation (1).

APLR C AWSAR= × ×0 001 1. ( )

Where:APLR=Annual pollutant loading rate in

kilograms per hectare per 365 day period.C=Pollutant concentration in milligrams,

per kilogram of total solids (dry weightbasis).

AWSAR=Annual whole sludge applicationrate in metric tons per hectare per 365day period (dry weight basis).

0.001=A conversion factor.

To determine the AWSAR, equation (1) isrearranged into equation (2):

AWSARAPLR

C=

× 0 0012

.( )

The procedure used to determine theAWSAR for a sewage sludge is presentedbelow.

PROCEDURE:

1. Analyze a sample of the sewage sludge todetermine the concentration for each of thepollutants listed in Table 4 of § 503.13 in thesewage sludge.

2. Using the pollutant concentrations fromStep 1 and the APLRs from Table 4 of § 503.13,calculate an AWSAR for each pollutantusing equation (2) above.

3. The AWSAR for the sewage sludge is thelowest AWSAR calculated in Step 2.

APPENDIX B TO PART 503—PATHOGENTREATMENT PROCESSES

A. Processes to Significantly ReducePathogens (PSRP)

1. Aerobic digestion—Sewage sludge is agi-tated with air or oxygen to maintain aerobicconditions for a specific mean cell residencetime at a specific temperature. Values forthe mean cell residence time and tempera-ture shall be between 40 days at 20 degreesCelsius and 60 days at 15 degrees Celsius.

2. Air drying—Sewage sludge is dried onsand beds or on paved or unpaved basins. Thesewage sludge dries for a minimum of threemonths. During two of the three months, theambient average daily temperature is abovezero degrees Celsius.

3. Anaerobic digestion—Sewage sludge istreated in the absence of air for a specificmean cell residence time at a specific tem-perature. Values for the mean cell residencetime and temperature shall be between 15days at 35 to 55 degrees Celsius and 60 daysat 20 degrees Celsius.

4. Composting—Using either the within-vessel, static aerated pile, or windrowcomposting methods, the temperature of thesewage sludge is raised to 40 degrees Celsiusor higher and remains at 40 degrees Celsiusor higher for five days. For four hours duringthe five days, the temperature in the com-post pile exceeds 55 degrees Celsius.

5. Lime stabilization—Sufficient lime isadded to the sewage sludge to raise the pH ofthe sewage sludge to 12 after two hours ofcontact.

B. Processes to Further Reduce Pathogens(PFRP)

1. Composting—Using either the within-vessel composting method or the static aer-ated pile composting method, the tempera-ture of the sewage sludge is maintained at 55degrees Celsius or higher for three days.

Using the windrow composting method, thetemperature of the sewage sludge is main-tained at 55 degrees or higher for 15 days orlonger. During the period when the compostis maintained at 55 degrees or higher, there


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40 CFR Ch. I (7–1–01 Edition)Pt. 503, App. B

shall be a minimum of five turnings of thewindrow.

2. Heat drying—Sewage sludge is dried bydirect or indirect contact with hot gases toreduce the moisture content of the sewagesludge to 10 percent or lower. Either thetemperature of the sewage sludge particlesexceeds 80 degrees Celsius or the wet bulbtemperature of the gas in contact with thesewage sludge as the sewage sludge leavesthe dryer exceeds 80 degrees Celsius.

3. Heat treatment—Liquid sewage sludge isheated to a temperature of 180 degrees Cel-sius or higher for 30 minutes.

4. Thermophilic aerobic digestion—Liquidsewage sludge is agitated with air or oxygento maintain aerobic conditions and the mean

cell residence time of the sewage sludge is 10days at 55 to 60 degrees Celsius.

5. Beta ray irradiation—Sewage sludge isirradiated with beta rays from an accel-erator at dosages of at least 1.0 megarad atroom temperature (ca. 20 degrees Celsius).

(6) Gamma ray irradiation—Sewage sludgeis irradiated with gamma rays from certainisotopes, such as 60 Cobalt and 137 Cesium, atdosages of at least 1.0 megarad at room tem-perature (ca. 20 °Celsius).

7. Pasteurization—The temperature of thesewage sludge is maintained at 70 degreesCelsius or higher for 30 minutes or longer.



501.32 40 CFR Ch. I (71 01 Edition)...814 501.32 40 CFR Ch. I (7–1–01 Edition) and of the CWA...

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Transcript of 501.32 40 CFR Ch. I (71 01 Edition)...814 501.32 40 CFR Ch. I (7–1–01 Edition) and of the CWA...