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ACTION PLEASE BY:
August 3, 2010

In June 2010, EPA released a proposed rule that would define sewage sludge from publicly owned treatment works (POTWs) burned in sewage sludge incinerators (SSIs) as a solid waste.  This proposed rule would have a direct impact on sewage sludge management using SSIs, and also has the potential to impact other forms of biosolids management.  EPA has solicited public comment on the proposed rule with a comment deadline of August 3, 2010.  NACWA is currently preparing comments on the proposal that will be filed on behalf of the Association.  However, NACWA has also created a proposed model comment letter that individual utility members can complete with specific information related to their utility and submit to EPA by the August 3 deadline.  This proposed rule could have a significant impact on the clean water community and NACWA encourages all utility members to consider submitting comments along the lines of the model letter to ensure EPA is aware of the municipal utility perspective.  Any questions regarding the letter can be directed to NACWA’s Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Background

EPA’s proposed rule, published in the Federal Register on June 4, states that the Agency is “proposing that sewage sludge, generated from POTWs and when combusted, be classified as a solid waste, and subject to Clean Air Act (CAA) Section 129 requirements.”  In explaining its rationale for this decision, EPA outlines why the domestic sewage exclusion is not applicable and that sewage sludge would not qualify as a legitimate fuel, meaning that sewage sludge would be a solid waste whenever combusted.  In meetings with EPA regarding the proposal, NACWA suggested the inclusion of a regulatory exemption from the solid waste rules for biosolids managed under existing Clean Water Act (CWA) Part 503 regulations.  While EPA did not propose this exclusion in the rule, the Agency did solicit comment on whether “such an approach is with [EPA’s] discretion.”   This specific language provides an opportunity for NACWA and other stakeholders to demonstrate why sewage sludge is more appropriately regulated under the CWA and not as a solid waste.  Additional background information on the proposed rule can be found in NACWA’s Advocacy Alert 10-11.

The impacts of this proposed rule will be significant and potentially broad in scope.  For SSIs, the impact will be direct and immediate.  In anticipation of EPA’s final solid waste definition rule, EPA has already begun developing maximum achievable control technology (MACT) standards under Section 129 of the CAA that will be applicable to all SSIs.  Those standards will be proposed by August or September and finalized in December.

NACWA is also working to assess the proposal’s impact on other biosolids management activities.  EPA has made significant efforts to clarify the extent of its proposal, stating that it is “not making solid waste determinations that cover other possible secondary material end uses” beyond combustion, but the actual impacts on land application of the solid waste determination are still being evaluated.  At a minimum, there could be some impact from a public affairs standpoint.

Model Comment Letter

The model comment letter developed by NACWA for use by member utilities highlights the key considerations the clean water community would like EPA to take into account as the Agency considers moving forward with the proposed rule.  First and foremost, the letter requests that EPA preserve the successful existing regulatory framework for sewage sludge and biosolids under the current Part 503 regulations by excluding sewage sludge that is combusted from the Agency’s definition of non-hazardous solid waste.  The letter also requests that EPA recognize sewage sludge as a legitimate secondary fuel and classify the energy recovery and energy production processes employed by POTWs that practice incineration as legitimate energy recovery systems.  Additionally, the letter asks EPA to strengthen the language in the Proposed Rule to clarify that its determination that sewage sludge is a non-hazardous solid waste does not apply to other biosolids management options (such as land application) regulated under Part 503.  The letter also provides an opportunity for individual agencies to include information about their specific sewage sludge management operations, including how the proposed rule could impact their utility.  NACWA encourages all clean water utilities that could be affected by the proposal to use the model letter as the basis for comments to EPA, and to submit the comments no later than the August 3 deadline.  Instructions for submitting the comments are included in the draft letter.   Again, if you have any questions, please do not hesitate to contact NACWA’s Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .