119 Proposed General Permits No. PAG-7, PAG-8 and PAG-9 for Beneficial Use of Sewage Sludge by Land Application

Proposed General Permits No. PAG-7, PAG-8 and PAG-9 For Beneficial Use of Sewage Sludge by Land Application

[27 Pa.B. 482]

   In compliance with the provisions of the Federal Clean Water Act (act), and Pennsylvania Clean Stream Law (35 P. S. §§ 691.1--691.101), sections 1905-A, 1917-A, and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510--17 and 510-20), the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904), the Department of Environmental Protection (Department) by this notice proposes to issue (1)  a proposed general permit for beneficial use of exceptional quality (EQ) sewage sludge by land application (PAG-7), (2)  a proposed general permit for beneficial use of nonexceptional quality (non-EQ) sewage sludge by land application (PAG-8), and (3)  a proposed general permit for beneficial use of residential septage by land application (PAG-9), in the Commonwealth of Pennsylvania.

   These general permits are proposed for use by eligible persons or municipalities for the generation or preparation of sewage sludge that will be applied to the land, who are required in 25 Pa. Code Chapters 91, 92 or 271, as applicable, to obtain a permit for the beneficial use of sewage sludge that will be land applied in the Commonwealth. The general permits will be issued subject to several standards including, but not limited to, general requirements, pollutant limitations, management practices, operational standards, pathogen and vector attraction reduction requirements, other terms, conditions, criteria for specific sewage sludge and, if applicable, special requirements, for the beneficial use of such sewage sludge, in the Commonwealth.

   The issuance of these general permits shall only be valid for eligible persons or municipalities that have submitted an administratively complete and acceptable ''Notice of Intent'' (NOI), in accordance with the requirements of the general permits, using an NOI form provided by the Department (or photocopy thereof), and receive approval from the Department for coverage under the general permits.

   The Department may deny approval of coverage under these general permits and require submittal of an application for an individual permit based on a review of the NOI or other information submitted, or available to the Department.

Notice of Intent Requirements

   Persons or municipalities seeking approval for coverage under these general permits, will be required to file an administratively complete and acceptable NOI as soon as possible, after the publication date of the availability of the final general permits or as indicated in the general permits. Generation or preparation of sewage sludge for beneficial uses by land application subject to the permitting requirements in 25 Pa. Code Chapters 91, 92 or 271, as applicable, without a permit issued by the Department is unlawful and could lead to Federal or Department enforcement action or third party litigation.

Eligibility Requirements for Land Application of Sewage Sludge

   To be eligible to land apply sewage sludge for beneficial uses, a person or a municipality must demonstrate all of the following:

   1.  The concentration of each pollutant in the sewage sludge must not exceed the following concentrations:

Ceiling Concentrations

Pollutant	Celing concentrations (milligrams per kilogram)1
Arsenic	75
Cadmium	85
Copper	4300
Lead	840
Mercury	57
Molybdenum	75
Nickel	420
PCBs	8.6
Selenium	100
Zinc	7500

¹Dry weight basis.

   2.  The applicant has submitted a Pennsylvania Notice of Intent (NOI) for Coverage Under General Permit For Beneficial Use of Sewage Sludge by Land Application in accordance with the requirements of the general permits, using an NOI form provided by the Department.

Eligibility Requirements for Coverage Under the General Permits

   1.  Eligibility Requirements For Coverage Under the General Permit For Beneficial Use Of Exceptional Quality Sewage Sludge (PAG-7):

   Sewage sludge may qualify as exceptional quality sewage sludge and be eligible for coverage under the PAG-7 for beneficial use as specified in the general permit if:  (1)  the sewage sludge is nonliquid; (2)  the sewage sludge is nonrecognizable as human waste; (3)  the concentration of each pollutant in the sewage sludge does not exceed pollutant concentrations in Table 3 of § 271.914(b); (4)  one of Class A pathogen requirements in § 271.932(a) is met; and (5)  one of vector attraction reduction requirements in § 271.933(b)(1) through (8) is met.

   Exceptional quality sewage sludge covered under the PAG-7 is authorized to be land applied for beneficial use to agricultural land, forest land, a site assessible to the public or a reclamation site or to be sold, given away in a bag or other container for land application.

   2.  Eligiblity Requirements For Coverage Under the General Permit For Beneficial Use Of Non-Exceptional Quality Sewage Sludge (PAG-8):

   Sewage sludge may qualify as nonexceptional quality sewage sludge and be eligible for coverage under the PAG-8 for beneficial use as specified in the general permit if the sewage sludge:  (1)  does not exceed concentrations for any pollutant in the ceiling concentrations table above; and (2)  does not meet one or all criteria for the exceptional quality sewage sludge.

   Nonexceptional quality sewage sludge covered under the PAG-8 is authorized to be land applied for beneficial use to agricultural land, forest land, a site assessible to the public or a reclamation site.

   3.  Eligibility Requirements For Coverage Under the General Permit For Beneficial Use of Residential Septage (PAG-9):

   Residential septage is eligible for coverage under the PAG-9 for beneficial use as specified in the general permit if the residential septage (1)  meets the annual application rate in § 271.914(c); (2)  meets processes to significantly reduce pathogen (PSRP) or processes to further reduce pathogens (PFRP) prior to land application; and (3)  meets one of the vector attraction reduction requirements in § 271.933(b)(9) through (11).

   Residential septage covered under the PAG-9 is authorized to be land applied for beneficial use to agricultural land, forest or a reclamation site.

   Once the notices of availability of the final general permits for beneficial use of sewage sludge by land application are published in the Pennsylvania Bulletin, eligible persons or municipalities with sewage sludge that met criteria specified in the general permits who wish to be covered by these general permits will need to file an NOI for coverage under the general permits for the generation of sewage sludge. The NOI must be filed with the appropriate regional office of the Department. Persons or municipalities who are eligible and wish to participate in these general permits, must file an administratively complete and acceptable NOI as soon as possible after the issuance of the final availability of the general permits. Persons or municipalities must submit administratively complete renewal NOI applications for continued coverage under these general permits at least 180 days prior to the expiration date of existing permit coverage. In the event that a timely and complete application for renewal has been submitted and the Department is unable, through no fault of the permittee, to reissue the permit or approval for coverage before its current coverage expiration date, the terms and conditions of the approved coverage will automatically continue, unless notified by the Department that land applications of sewage sludge for beneficial uses must be abated. The existing approved coverage will remain fully effective and enforceable pending the issuance or denial of the renewal of permit coverage, provided the permittee is, and has been, operating in compliance with the terms and conditions of the general permits.

   A fee of $500 will be required to be submitted to the Department with the NOI. The Department will assign a unique identification number to each NOI. Public notice of receipt of each NOI for coverage and each approval for coverage will be published by the Department in the Pennsylvania Bulletin.

   The proposed general permits have been sent to the EPA Regional Administrator for Region III. Persons wishing to comment on the proposed general permits are invited to obtain a copy of the proposed general permits from and to submit a written statement to:

   Department of Environmental Protection, Bureau of Water Quality Protection, Division of Wastewater Management, Rachel Carson State Office Building, P. O. Box 8465--10th Floor, Harrisburg, Pa 17105-8465, [phone]; E-mail address:  [e-mail]., World Wide Web Address:  http://www.dep.state.pa.us.

   Comments must be submitted within 30 days from the date of this public notice. If there is significant interest in the proposal, the period for comment may be extended at the discretion of the Department for one additional 15-day period. Comments received within this 30-day period will be considered in the formulation of the final determination of the general permits. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of the comment and the relevant facts upon which it is based. Comments will not be accepted by facsimile. Comments will be accepted by electronic mail to Cuong D. Vu at [e-mail]. A public hearing may be held if the Department considers the public interest in holding a hearing significant. Following the 30-day period, the Department will make a final determination regarding the proposed general permits. Notice of this determination will be published in the Pennsylvania Bulletin. The proposed general permits and related documents are on file at the Harrisburg office of the Division of Wastewater Management, Bureau of Water Quality Protection at the location noted above. Anyone wishing to review or receive a copy of the permit document, or to receive further information, should contact C. D. Vu of that office. Persons with a disability may use the AT&T Relay Service by calling 1 [phone] (TDD users) or 1 [phone] (voice users).

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 97-119. Filed for public inspection January 24, 1997, 9:00 a.m.]