EPA's 1999 AMENDMENTS TO PART 503 AND 403 ALLOWING 100,000 ppm of CHROMIUM IN SLUDGE
(1986) Section 405(d) states that the Administrator "shall develop and publish * * *
regulations providing guidelines for the disposal of sludge."
1989 Section 405(d)(5) also provides that nothing in this section is intended to waive more stringent requirements in the
CWA or any other law (Federal Register 54, p.5758)
(1995) Section 405(d) of the CWA requires EPA to establish management practices and numerical limits adequate to
protect public health and the environment from reasonably anticipated adverse effects of toxic pollutants in sewage
Part 503 does not mention toxic pollutants or Chromium in the sludge use section because:
Not expected to have a "significant" effect of $100 million dollars on the State, local, or tribal government.
EPA did not address the section: or adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or safety
EPA did not address the fact that 503 does: Create a serious inconsistency between use of sludge/biosolids which
can not be disposed of under the same regulation, as well as federal law which prohibit the practice.
The amended regs; Raise novel legal or policy issues, by approving the 100,000 ppm of chromium in sludge
/biosolids for use as a fertilizer (21.3 ppm?) or soil amendment in the pre-treatment rule 403, when it is not
mentioned in part 503 and the hazardous waste level for chromium is 5 ppm (five).
Excerpt from 1999 amendments
VII. Regulatory Requirements
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
adversely affect in a material way the economy, a sector of the
- (1) Have an annual effect on the economy of $100 million or more or
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal government or communities;
action taken or planned by another agency;
- (2) Create a serious inconsistency or otherwise interfere with an
user fees, or loan programs or the rights and obligations of recipients
- (3) Materially alter the budgetary impact of entitlements, grants,
mandates, the President's priorities, or the principles set forth in
- (4) Raise novel legal or policy issues arising out of legal
the Executive Order.
It has been determined that this final rule is not a
``significant'' regulatory action under the terms of Executive Order
12866 and is not subject, therefore, to OMB review. Further, because
the effect of today's rule is to modify current requirements and
provide additional flexibility to the regulated community in complying
with the part 503 requirements, and to allow a removal credit for
chromium in land applied sewage sludge under part 403, costs to the
regulated community should be reduced or at least remain unchanged.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act,
EPA generally is required to conduct a regulatory flexibility analysis
describing the impact of the regulatory action on small entities as
part of rulemaking. However, under section 605(b) of the RFA, if EPA
certifies that the rule will not have a significant economic impact on
a substantial number of small entities, EPA is not required to prepare
a regulatory flexibility analysis. Pursuant to section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities.
This action to amend the part 503 regulation provides added
flexibility in complying with the part 503 requirements and technical
clarification for some of the requirements. For example, the permitting
authority has been given the discretion to reduce the frequency of
monitoring for some of the pollutants subject to the rule. Today's
action also makes the incineration requirements self-implementing by
specifying how an incinerator owner/operator is to determine pollutant
limits applicable to sewage sludge to be combusted. The incineration
amendments include requirements to provide notice to the permitting
authority prior to performance testing and to report information that
was previously obtained by the permitting authority during the
permitting process. These requirements involve minimal additional cost,
because the requirements to develop the information needed to calculate
the pollutant limits are not new. Only the need to provide prior notice
of testing and to report the results are new, and these requirements
involve little expense.
In addition, this action amends the part 403 regulation to
establish a total chromium in sewage sludge concentration to allow a
wastewater treatment works to issue a removal credit for chromium in
land applied sewage sludge. This relieves the wastewater treatment
works from having to perform a site-specific evaluation and calculation
to establish a total chromium concentration in sewage sludge in order
to issue a pre-treatment removal credit for chromium to an industrial
discharger. As such, the amendments impose no significant new
requirements on the regulated community, including small entities.
Accordingly, I certify that this regulation will not have a
significant economic impact on a substantial number of small entities.
Therefore, this final regulation does not require a regulatory
C. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 30 days after it is published in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
Sec. 804(2). This rule will be effective September 3, 1999.