Only 7 states have applied for delegation of the Part 503 sludge policy. Apparently, the rest figured out it was an EPA con Job because, the Sludge Rule (Biosolids) Part 503 is based on exclusions in federal law and an implied blanket Federally authorized self-permit: 1) RCRA -- Solid Waste does not include solid or dissolved material in domestic sewage -- between a residence and the treatment plant; 2) CWA -- A Point Source of pollution does not include agricultural stormwater discharges -- even if it contains sludge biosolids; 3) CERCLA (Superfund) -- A Release does not include the normal application of fertilizer.-- even if contains listed hazardous substances; and 4) Part 503 preamble - It is not a release of hazardous substances if it is federally authorized -- even if it is hazardous waste. Pathogens (fecal colifrm) makes biosolids a hazardous waste under RCRA but pathogens are not a part of the hazardous waste regulation. Hazardous substances also make biosolids a very hazardous waste because only nine metals are tested for and most are well above the hazardous waste levels.
National Pollutant Discharge Elimination System (NPDES) for biosolids
Section 405(f) of the CWA, a state may apply to EPA for authority to administer the sewage sludge program within its jurisdiction. EPA is required to approve each such submitted state program application unless EPA determines that the program does not meet the requirements of those regulations, set forth at 40 CFR part 501.
[Further,] as the generator of sewage sludge, the treatment works cannot limit its responsibility for the use and disposal of the sewage sludge in compliance with the standards merely by transferring the sludge to a commercial applier." Chief Administrative Law Judge
Under part 501, before a state can issue a sludge biosolids permit, it must have federal approval. Only 7 states have the required approval. See below.
§ 501.1 Purpose and scope. (a) These regulations are promulgated under the authority of sections 101(e), 405(f), 501(a), and 518(e) of the CWA, and implement the requirements of those sections.
(b) This part specifies the procedures EPA will follow in approving, revising, and withdrawing State sludge management programs under section 405(f), and the requirements State programs must meet to be approved by the Administrator under section 405(f) of CWA. Sludge Management Program submissions may be developed and implemented under any existing or new State authority or authorities as long as they meet the requirements of this part.
(c) Any complete State Sludge Management Program submitted for approval under this part shall have the following as a minimum:
(1) The authority to require compliance by any person who uses or disposes of sewage sludge with standards for sludge use or disposal issued under section 405(d) of the CWA, including compliance by federal facilities;
(2) The authority to issue permits that apply, and ensure compliance with, the applicable requirements of section 405 of the Clean Water Act to any POTW or other treatment works treating domestic sewage, and procedures for issuance of such permits;
(3) Provisions for regulating the use or disposal of sewage sludge by non-permittees;
(4) The authority to take actions to protect public health and the environment from any adverse effects that may occur from toxic pollutants in sewage sludge; and
(5) The authority to abate violations of the State sludge program, including civil and criminal penalties and other ways and means of enforcement. Indian Tribes can satisfy criminal enforcement authority requirements under §501.25.
NPDES Permit Conditions http://cfpub.epa.gov/npdes/statestats.cfm Sec. 122.2 Definitions. National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of CWA. The term includes an ``approved program.''
Approved program or approved State means a State or interstate program which has been approved or authorized by EPA under part 123.
When sludge is applied in a State different from the one in which the sewage sludge was prepared, provide written notice to the permitting authority (i.e., the appropriate EPA Regional Office or State [if it has an approved sewage sludge program]) in which the bulk sewage sludge subject to CPLRs will be applied, prior to the initial application to the site. The notice must include
Approved States to issue permits
Approved State NPDES Permit Program
Approved to Regulate Federal Facilities
Approved State Pretreatment Program
Approved General Permits Program
Approved Biosolids (Sludge) Program
Subpart C_Permit Conditions
Sec. 122.49 Considerations under Federal law.
The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable, its procedures must be followed. When the applicable law requires consideration or adoption
of particular permit conditions or requires the denial of a permit, those requirements also must be followed.
(g) The National Environmental Policy Act, 42 U.S.C. 4321 et seq., may require preparation of an Environmental Impact Statement and consideration of EIS-related permit conditions (other than effluent limitations) as provided in Sec. 122.29(c).
PART 503.4 Relationship to other regulations. Disposal of sewage sludge in a municipal solid waste landfill unit, as defined in 40 CFR 258.2, that complies with the requirements in 40 CFR part 258 constitutes compliance with section 405(d) of the CWA.
§ 258.3 Consideration of other Federal laws. The owner or operator of a municipal solid waste landfill unit must comply with any other applicable Federal rules, laws, regulations, or other requirements.
§ 123.1 Purpose and scope. (a) This part specifies the procedures EPA will follow in approving, revising, and withdrawing State programs and the requirements State programs must meet to be approved by the Administrator under sections 318, 402, and 405(a) (National Pollutant Discharge Elimination System—NPDES) of the CWA. This part also specifies the procedures EPA will follow in approving, revising, and withdrawing State programs under section 405(f) (sludge management programs) of the CWA. The requirements that a State sewage sludge management program must meet for approval by the Administrator under section 405(f) are set out at 40 CFR part 501.
(b) These regulations are promulgated under the authority of sections 304(i), 101(e), 405, and 518(e) of the CWA, and implement the requirements of those sections.
(c) The Administrator will approve State programs which conform to the applicable requirements of this part. A State NPDES program will not be approved by the Administrator under section 402 of CWA unless it has authority to control the discharges specified in sections 318 and 405(a) of CWA. Permit programs under sections 318 and 405(a) will not be approved independent of a section 402 program.
(d)(1) Upon approval of a State program, the Administrator shall suspend the issuance of Federal permits for those activities subject to the approved State program. After program approval EPA shall retain jurisdiction over any permits (including general permits) which it has issued unless arrangements have been made with the State in the Memorandum of Agreement for the State to assume responsibility for these permits. Retention of jurisdiction shall include the processing of any permit appeals, modification requests, or variance requests; the conduct of inspections, and the receipt and review of self-monitoring reports. If any permit appeal, modification request or variance request is not finally resolved when the federally issued permit expires, EPA may, with the consent of the State, retain jurisdiction until the matter is resolved.
Missouri Clean Water Law
In simple terms, the Missouri Clean Water Law states that "it is a violation to allow the discharge of a pollutant or contaminant to waters of the state" without a permit.
For practical purposes, sludge, biosolids and stormwater runoff from use or disposal sites are considered pollutants.
The law authorizes the Missouri Clean Water Commission and the Missouri Department of Natural Resources (DNR) to issue regulations, policies and guidelines to protect the quality of Missouri waters.
The agencies issue permits and treatment standards to enforce the requirements. The law authorizes the state to adopt and enforce any requirements of the federal Clean Water Act.
Sludge standards for use or disposal EPA regulations, under Title 40 Code of Federal Regulations Part 503 (40 CFR 503), establish the minimum national standards for the use and disposal of domestic sludge.
Persons who generate, use or dispose of sludge are required by regulation to follow these minimum standards. EPA calls this a "self-implementing" rule because the standards are directly enforceable.
You must meet the deadlines in the law, even though the new requirements are not included in the National Pollutant Discharge Elimination System (NPDES) permit.
The regulations authorize the permit authority to be more restrictive on a case-by-case basis in order to address local environmental conditions.