[Federal Register: April 14, 2004 (Volume 69, Number 72)]
[Notices]
[Page 19848-19850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap04-80]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7647-7]
Water Pollution Control; State Program Requirements; Approval of
Program Modification To Administer the Sewage Sludge (Biosolids)
Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; approval of application.
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SUMMARY: On March 31, 2004, pursuant to section 402(b) of the Clean
Water Act (CWA), the Regional Administrator for EPA, Region 9, approved
the State of Arizona's application to administer a state sewage sludge
(biosolids) management program where it has jurisdiction.
FOR FURTHER INFORMATION CONTACT: Matthew Mitchell, (415) 972-3508, WTR-
5, EPA, Region 9, 75 Hawthorne St., San Francisco, CA 94707, or John
Calkins, (602) 771-4651, Water Quality Compliance Assurance Unit,
Arizona Department of Environmental Quality, 1110 W. Washington,
Phoenix, AZ 85007. The State's program submission is available
electronically at the following Internet address: http://www.adeq.state.az.us/environ/water/permits/bio.html#to
.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means EPA.
Table of Contents
I. Background
II. Was notice provided seeking public comments on Arizona's program
submittal?
III. Was a public hearing held?
IV. Did EPA receive any public comments?
V. Does EPA's approval affect Indian Country (18 U.S.C. 1151) in
Arizona?
VI. Conclusion
VII. Administrative Requirements
A. Endangered Species Act
[[Page 19849]]
B. National Historic Preservation Act
C. Other Provisions
I. Background
Section 405 of the Clean Water Act (CWA), 33 U.S.C. 1345, created
the sewage sludge management program, requiring EPA to set standards
for the use and disposal of sewage sludge and requiring EPA to include
sewage sludge conditions in the National Pollutant Discharge
Elimination System (NPDES) permits which it issues to treatment works
treating domestic sewage. The rules developed under section 405(d) are
also self-implementing, and the standards are enforceable whether or
not a permit has been issued. Pursuant to regulations promulgated in
accordance with
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.
On June 11, 2002, Arizona submitted an application to EPA for
approval of a state-administered NPDES permit program pursuant to CWA
section 402(b) of the CWA. The Arizona NPDES program (known as AZPDES)
was approved by EPA on December 5, 2002. Approval of Arizona's
application for its sewage sludge program is a program modification
since ADEQ intends to administer its sewage sludge program in
conjunction with the AZPDES program.
EPA received the sewage sludge program submittal from Arizona on
November 29, 2002. Arizona's application for the sewage sludge
management program approval contains a letter from the Governor
requesting program approval, an Attorney General's Statement, copies of
pertinent State statutes and regulations, a Program Description, and a
Memorandum of Agreement (MOA) to be executed by the Regional
Administrator of EPA, Region 9 and the Director of ADEQ. The State
submitted a modification of its Attorney General's Statement, which EPA
received on October 10, 2003.
Sewage sludge, also known as ``biosolids,'' is the solid separated
from liquids during treatment at a domestic or municipal wastewater
treatment plant and treated to stabilize and reduce pathogens. In 1993,
EPA adopted standards for management of sewage sludge generated during
the process of treating domestic sewage. 40 CFR part 503. The part 503
regulations establish standards under which sewage sludge may be
applied to land as a soil amendment, disposed in a surface disposal
site, or incinerated. The regulations also allow for disposal in a
municipal solid waste landfill that meets the requirements of 40 CFR
part 258. The standards in part 503, designed to protect public health
and the environment, include pollutant limits, pathogen reduction
requirements, vector attraction reduction requirements, and management
practices specific to the use or disposal option selected.
The Arizona biosolids management program has standards for land
application, surface disposal, and placement of sewage sludge in a
municipal landfill. It imposes requirements on wastewater treatment
plants, biosolids land appliers, and surface disposal site operators.
It also provides for the issuance of permits under certain conditions,
enforcing the standards as necessary, and providing guidance and
technical assistance to members of the regulated community. The program
also includes a state-specific feature requiring a land applier to
register an application site with ADEQ before biosolids are applied to
the site. State rules prohibit incineration of sewage sludge.
II. Was Notice Provided Seeking Public Comments on Arizona's Program
Submittal?
Arizona's application was described in the November 21, 2003,
Federal Register (68 FR 65663), in which EPA requested public comments
for a period of 45 days. Further notice was provided by way of
publication in the following newspapers on December 5, 2003: The
Arizona Republic; The Tucson Citizen, and the Arizona Daily Star. EPA
also provided public notice to the following interested persons and
parties: permitted facilities, Indian tribes, other Federal and state
agencies, and environmental groups within Arizona. Copies of ADEQ's
application package were available for public review at the offices of
EPA, Region 9 and ADEQ.
III. Was a Public Hearing Held?
A public hearing was not held. The above notice explained that a
hearing had not been scheduled and how a hearing could be requested.
EPA holds a public hearing whenever the Regional Administrator finds,
on the basis of requests, a significant degree of public interest. No
request for a hearing was received during the public comment period and
therefore, no hearing was held.
IV. Did EPA Receive Any Public Comments?
Pursuant to the public notice, we accepted written comments from
the public postmarked on or before January 5, 2004. During the comment
period, we received one comment. The commenter fully supports the
modification of the state's AZPDES program to include the
administration and enforcement of a biosolids management program. This
comment is addressed in EPA's Response to Comment Document, dated March
26, 2004.
V. Does EPA's Approval Affect Indian Country (18 U.S.C. 1151) in
Arizona?
ADEQ did not seek approval to administer and enforce the state
biosolids management program for activities occurring in Indian
Country. Our approval does not authorize ADEQ to carry out its
biosolids program in Indian Country. Therefore, our approval of the
state's biosolids management program will have no effect in Indian
Country where EPA continues to implement and administer the NPDES
program.
VI. Conclusion
The Arizona Department of Environmental Quality has demonstrated
that it adequately meets the requirements for approval of a state
administered biosolids management program (specifically, the
application of biosolids to land, surface disposal of biosolids, and
the landfilling of biosolids) as defined in the Clean Water Act and 40
CFR parts 501 and 503.
VII. Administrative Requirements
A. Endangered Species Act
Section 7(a)(2) of the Endangered Species Act (ESA), 16 U.S.C.
1536(a)(2), requires that federal agencies insure, in consultation with
the United States Fish & Wildlife Service (FWS), that actions they
authorize, fund, or carry out are not likely to jeopardize the
continued existence of Federally-listed threatened or endangered
species (listed species) or result in the destruction or adverse
modification of critical habitat designated for such listed species.
EPA, Region 9 initiated informal ESA section 7 consultation with
the FWS regarding Arizona's request for approval of its biosolids
management program. On November 12, 2003, the FWS concurred with EPA's
Biological Evaluation, concluding that EPA's approval of Arizona's
biosolids management program may affect, but is not likely to adversely
affect, endangered species or their designated critical habitat.
Issuance of the FWS
[[Page 19850]]
concurrence concluded the consultation process required by ESA section
7(a)(2) and reflects the FWS's agreement with EPA that the approval of
the State program meets the substantive requirements of the ESA.
B. National Historic Preservation Act
Section 106 of the National Historic Preservation Act (NHPA), 16
U.S.C. 470(f), requires Federal agencies to take into account the
effects of their undertakings on historic properties and to provide the
Advisory Council on Historic Preservation (ACHP) an opportunity to
comment on such undertakings. Under the ACHP's regulations (36 CFR part
800), agencies consult with the appropriate State Historic Preservation
Officer (SHPO) on federal undertakings that have the potential to
affect historic properties listed or eligible for listing in the
National Register of Historic Places.
On January 16, 2004, EPA provided the Arizona State Parks Board
(which includes the SHPO) with EPA's determination that approval of
Arizona's application would have no effect on historic properties in
Arizona. On March 12, 2004, the Arizona State Parks Board concurred
with EPA's determination.
C. Other Provisions
Based on General Counsel Opinion 78-7 (April 18, 1978), EPA has
long considered a determination to approve or deny a State Clean Water
Act (CWA) program submission to constitute an adjudication because an
``approval,'' within the meaning of the Administrative Procedure Act
(APA), constitutes a ``licence,'' which, in turn, is the product of an
``adjudication.'' For this reason, the statutes and Executive Orders
that apply to rulemaking action are not applicable here.
List of Subjects in 40 CFR Parts 501 and 503
Environmental protection, Administrative practice and procedures,
Sewage sludge use and disposal, Water pollution control, Waste
treatment and disposal, Indian lands, Intergovernmental relations.
Authority: Clean Water Act 33, U.S.C. 1251 et seq.
Dated: March 31, 2004.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 04-8448 Filed 4-13-04; 8:45 am]
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