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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 97-141d

[27 Pa.B. 521]

[Continued from previous Web Page]

TABLE 1--CEILING CONCENTRATIONS

Ceiling
Concentration
Pollutant(Milligrams per Kilogram)1
Arsenic75
Cadmium85
Copper4,300
Lead840
Mercury57
Molybdenum75
Nickel420
PCBs8.6
Selenium100
Zinc7,500

1 Dry weight basis

   (2)  Cumulative pollutant loading rates.

TABLE 2--CUMULATIVE POLLUTANT LOADING RATES

Cumulative
Pollutant
Loading Rate
(Kilograms perEnglish Units
PollutantHectare)(Pounds per Acre)
Arsenic4136
Cadmium3934
Copper1,5001,320
Lead300264
Mercury1715
Nickel420370
Selenium10088
Zinc2,8002,464

   (3)  Pollutant concentrations.

TABLE 3--POLLUTANT CONCENTRATIONS

Monthly Average
Concentrations
(Milligrams per
PollutantKilogram)1
Arsenic41
Cadmium39
Copper1,500
Lead300
Mercury17
Nickel420
PCBs4
Selenium100
Zinc2,800

1 Dry weight basis.

   (4)  Revisions to concentrations or loading rates. A new or revised pollutant concentration or loading rate published in the Federal Register as a modification to 40 CFR 503.13(b) (relating to pollutant limits) is incorporated by reference.

   (c)  Residential septage. The annual application rate for residential septage applied to agricultural land, forest or a reclamation site may not exceed the annual application rate calculated using Equation (1).

Where:

   AAR = Annual Application Rate in gallons per acre per 365-day period.

   N = Amount of nitrogen in pounds per acre (kilograms per hectare) per 365-day period needed by the crop or vegetation grown on the land.

§ 271.915.  Management practices.

   (a)  Sewage sludge may not be applied to the land if it is likely to adversely affect a Federal or Pennsylvania threatened or endangered species, or its designated critical habitat, listed under or pursuant to section 4 of the Endangered Species Act (16 U.S.C.A. § 1533), 30 Pa.C.S. § 2305 (relating to threatened and endangered species) or 34 Pa.C.S. (relating to game and wildlife code).

   (b)  Sewage sludge may not be applied to agricultural land, forest, a public contact site or a reclamation site that is flooded, frozen or snow-covered, except as expressly provided in a permit issued under Chapter 91, 92 or 105 (relating to general provisions; National Pollutant Discharge Elimination System; and dam safety and waterway management), as applicable.

   (c)  Sewage sludge may not be applied to agricultural land, forest or a reclamation site that is:

   (1)  Within 100 feet (or 30.5 meters) or less of a perennial stream or within 33 feet (or 10 meters) of an intermittent stream.

   (2)  Within 100 feet (or 30.5 meters) of the edge of a sink hole.

   (3)  Within 300 feet (or 91 meters) from an occupied dwelling unless the current owner there has provided a written waiver consenting to activities closer than 300 feet (or 91 meters). The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner. This paragraph does not apply to features that may come into existence after the date upon which adjacent landowner notification is given under Chapter 275 or § 271.913(g) (relating to land application of sewage sludge; and general requirements).

   (4)  In an area without an implemented erosion and sedimentation control plan or a farm conservation plan.

   (5)  Within 300 feet (or 91 meters) of a water source unless the current owner has provided a written waiver consenting to the activities closer than 300 feet (or 91 meters). This paragraph does not apply to features that may come into existence after the date upon which adjacent landowner notification is given under Chapter 275 or § 271.913(g).

   (6)  Within 100 feet (or 30.5 meters) of an exceptional value wetland, as defined in § 105.17 (relating to wetlands).

   (7)  Within 11 inches (or 28 centimeters) of the seasonal high water table, nor within 3.3 feet (or 1 meter) of the regional groundwater table. For purposes of this section, the depths to seasonal high water table and to regional groundwater table shall be based on the most recent soil mapping as published by the United States Department of Agriculture (USDA) Natural Resources Conservation Service, or more detailed mapping data as mapped by an expert in soil science using standard and acceptable mapping procedures as developed by the USDA Natural Resources Conservation Service.

   (d)  A person may not apply sewage sludge when sewage sludge is to be land applied for:

   (1)  Agricultural utilization on slopes that exceed 25%, unless otherwise approved in writing by the Department.

   (2)  Land reclamation on slopes that exceed 35%, unless otherwise approved in writing by the Department.

   (e)  A person may not apply sewage sludge unless the soil pH is 6.0 or greater prior to land application unless the Department allows the increase of pH by application of sewage sludge or other material in which case the soil pH shall be 6.0 or greater within 6 months following the application of sewage sludge, or unless otherwise approved in writing by the Department.

   (f)  Sewage sludge may not be applied at a rate that is greater than the agronomic rate, unless a greater application rate is approved by the Department for land reclamation activities.

   (g)  If the nitrogen available from the manure produced by animals at the farm satisfies the nutrient needs of the farm for realistic expected crop yields, the sewage sludge may not be applied at that farm, unless a management plan is implemented that allows for uses of the manure other than land application on that farm.

   (h)  A person that operates under an individual or general land application of sewage sludge permit issued under this subchapter shall comply with the EPA and the Department guidance documents on the land application of sewage sludge pertaining to conducting sampling and analyses, and calculating the agronomic rate, the cumulative pollutant loading rate and the annual whole sludge application rate.

   (i)  A person that operates under an individual or general permit issued under this subchapter shall comply with applicable sections of Chapter 285 (relating to storage, collection and transportation of municipal waste) prior to land application, unless the applicant proposes to store sewage sludge on drying beds or structures under a solid waste permit from the Department.

   (j)  The Department will require persons land applying sewage sludge to complete training courses sponsored by the Department in a timely and satisfactory manner. Satisfactory completion means attendance at all sessions of training, and attainment of a minimum grade of 70% on tests given as part of the training courses. In the case of a person who prepares sewage sludge that will be land applied, and a person who land applies residential septage, at least one person with responsibility for the land application of sewage sludge shall satisfactorily complete the training in a timely fashion. The Department may suspend or revoke the individual permit issued under Chapter 275, the individual land application of sewage sludge permit, or coverage under a land application of sewage sludge general permit to land apply sewage sludge, if the person does not satisfactorily complete the training courses within the following time periods:

   (1)  Two years for a person conducting land application operations as of January 25, 1997.

   (2)  One year for a person that begins conducting land application operations after January 25, 1997.

   (k)  When land applying sewage sludge, a person shall display the permit number of the individual permit issued under Chapter 275, or the individual or general land application of sewage sludge permit, under which the person is operating on the sides and rear of each vehicle which is used in the land application of sewage sludge, in numbers at least 3 inches (or 7.6 centimeters) high in a color contrasting to the background.

   (l)  A person that land applies residential septage shall also ensure that nonorganic objects are removed prior to spreading.

   (m)  For land reclamation, sewage sludge shall be incorporated within 24 hours after application.

§ 271.916.  Operational standards--pathogens and vector attraction reduction.

   (a)  Pathogens--sewage sludge other than residential septage.

   (1)  The Class A pathogen requirements in § 271.932(a) (relating to pathogens) or the Class B pathogen requirements and site restrictions in § 271.932(b) (relating to pathogens) shall be met when sewage sludge is applied to agricultural land, forest, a public contact site or a reclamation site.

   (2)  The Class A pathogen requirements in § 271.932(a) shall be met when sewage sludge is applied to a lawn or a home garden.

   (3)  The Class A pathogen requirements in § 271.932(a) shall be met when sewage sludge is sold, given away or otherwise distributed, in a bag or other container for application to the land.

   (b)  Pathogens--residential septage. The requirements in § 271.932(c) shall be met when residential septage is applied to agricultural land, forest or a reclamation site.

   (c)  Vector attraction reduction--sewage sludge other than residential septage.

   (1)  One of the vector attraction reduction requirements in § 271.933(b)(1)--(10) (relating to vector attraction reduction) shall be met when sewage sludge is applied to agricultural land, forest, a public contact site or a reclamation site.

   (2)  One of the vector attraction reduction requirements in § 271.933(b)(1)--(8) shall be met when sewage sludge is applied to a lawn or a home garden.

   (3)  One of the vector attraction reduction requirements in § 271.933(b)(1)--(8) shall be met when sewage sludge is sold, given away or otherwise distributed, in a bag or other container for application to the land.

   (d)  Vector attraction reduction--residential septage. The vector attraction reduction requirements in § 271.933(b)(9), (10) or (11) shall be met when residential septage is applied to agricultural land, forest or a reclamation site.

§ 271.917.  Frequency of monitoring.

   (a)  Sewage sludge other than residential septage.

   (1)  The frequency of monitoring for the pollutants listed in Table 1, Table 2 and Table 3 of § 271.914 (relating to pollutant limits); the pathogen density requirements in § 271.932(a) and (b)(2)--(4) (relating to pathogens); and the vector attraction reduction requirements § 271.933(b)(1)--(8) (relating to vector attraction reduction) shall be the frequency in Table 1 of this section.

TABLE 1--FREQUENCY OF MONITORING--LAND APPLICATION

Amount of Sewage Sludge1
(Tons/Or Metric Tons
Per 365 Day Period)Frequency
Greater than zero but less than 319 (290)Once per year
Equal to or greater than 319 (290) but less than 1,650 (1,500)Once per quarter (4 times per year)
Equal to or greater than 1,650 (1,500) but less than 16,500 (15,000)Once per 60 days (6 times per year)
Equal to or greater than 16,500 (15,000)Once per month (12 times per year)

1 Either the amount of sewage sludge applied to the land or the amount of sewage sludge received by a person who prepares sewage sludge that is sold, given away or otherwise distributed, in a bag or other container for application to the land (dry weight basis).

   (2)  After the sewage sludge has been monitored for 2 years at the frequency in Table 1, the Department may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements in § 271.932(a)(5)(ii) and (iii). However, the frequency of monitoring may not be less than once per year when sewage sludge is applied to the land.

   (b)  Residential septage. If either the pathogen requirements in § 271.932(c) or the vector attraction reduction requirements in § 271.933(b)(11) are met when residential septage is applied to agricultural land, forest or a reclamation site, each container of residential septage applied to the land shall be monitored for compliance with those requirements.

§ 271.918.  Recordkeeping.

   (a)  Sewage sludge other than residential septage.

   (1)  The person who prepares or derives the sewage sludge in § 271.911(b)(1) or (3) (relating to special requirements) shall develop the following information and shall retain the information for 5 years:

   (i)  The concentration of each pollutant listed in Table 3 of § 271.914 (relating to pollutant limits) in the sewage sludge.

   (ii)  The following certification statement:

   ''I certify, under penalty of law, that the Class A pathogen requirements in § 271.932(a) and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 271.933(b)(1) through § 271.933(b)(8)] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.''

   (iii)  A description of how the Class A pathogen requirements in § 271.932(a) (relating to pathogens) are met.

   (iv)  A description of how one of the vector attraction reduction requirements in § 271.933(b)(1)--(8) (relating to vector attraction reduction) is met.

   (2)  If sewage sludge other than sewage sludge that meets the criteria in § 271.911(b)(1) or (3) is applied to agricultural land, forest, a public contact site or a reclamation site, the following apply:

   (i)  The person who prepares the sewage sludge shall develop the following information and shall retain the information for 5 years.

   (A)  The concentration of PCBs and each pollutant listed in Table 1 of § 271.914 in the sewage sludge.

   (B)  The following certification statement:

   ''I certify, under penalty of law, that the pathogen requirements in [insert either § 271.932(a) or § 271.932(b)] and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 271.933(b)(1) through (b)(8) if one of those requirements is met] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.''

   (C)  A description of how the pathogen requirements in § 271.932(a) or (b) are met.

   (D)  When one of the vector attraction requirements in § 271.933(b)(1)--(8) is met, a description of how the vector attraction requirement is met.

   (ii)  The person who applies the sewage sludge shall develop the following information, retain the information in clauses (A)--(G) indefinitely, and retain the information in clauses (H)--(M) for 5 years.

   (A)  The location, by either street address or latitude and longitude, or each site on which sewage sludge is applied.

   (B)  The number of acres (or hectares) in each site on which sewage sludge is applied.

   (C)  The date and time sewage sludge is applied to each site.

   (D)  The cumulative amount of each pollutant (in, pounds or kilograms) listed in Table 2 of § 271.914 in the sewage sludge applied to each site, including the amount in § 271.913(j)(2)(ii) (relating to general requirements).

   (E)  The amount of sewage sludge (in, tons or metric tons) applied to each site.

   (F)  The following certification statement:

   ''I certify, under penalty of law, that the requirements to obtain information in § 271.913(j)(2) have been met for each site on which sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the requirements to obtain information have been met. I am aware that there are significant penalties for false certification including fine and imprisonment.''

   (G)  A description of how the requirements to obtain information in § 271.913(j)(2) are met.

   (H)  The following certification statement:

   ''I certify, under penalty of law, that the management practices in § 271.915 have been met for each site on which sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices have been met. I am aware that there are significant penalties for false certification including fine and imprisonment.''

   (I)  A description of how the management practices in § 271.915 (relating to management practices) are met for each site on which sewage sludge is applied.

   (J)  The following certification statement when the sewage sludge meets the Class B pathogen requirements in § 271.932(b):

   ''I certify, under penalty of law, that the site restrictions in § 271.932(b)(5) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site restrictions have been met. I am aware that there are significant penalties for false certification including fine and imprisonment.''

   (K)  A description of how the site restrictions in § 271.932(b)(5) are met for each site on which Class B sewage sludge is applied.

   (L)  The following certification statement when the vector attraction reduction requirement in either § 271.933(b)(9) or (10) is met:

   ''I certify, under penalty of law, that the vector attraction reduction requirement in [insert either § 271.933(b)(9) or § 271.933(b)(10)] has been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the vector attraction reduction requirement has been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.''

   (M)  If the vector attraction reduction requirements in § 271.933(b)(9) or (10) are met, a description of how the requirements are met.

   (b)  Residential septage. When residential septage is applied to agricultural land, forest or a reclamation site, the person who applies the residential septage shall develop the following information and shall retain the information for 5 years:

   (1)  The location, by either street address or latitude and longitude, of each site on which residential septage is applied.

   (2)  The number of acres (or hectares) in each site on which residential septage is applied.

   (3)  The date and time residential septage is applied to each site.

   (4)  The nitrogen requirement for the crop or vegetation grown on each site during a 365-day period.

   (5)  The rate, in gallons per acre (or liters per hectare) per 365-day period, at which residential septage is applied to each site.

   (6)  The following certification statement:

   ''I certify, under penalty of law, that the pathogen requirements in § 271.932(c) and the vector attraction reduction requirements in [insert either § 271.933(b)(9), § 271.933(b)(10), or § 271.933(b)(11)] have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.''

   (7)  A description of how the pathogen requirements in § 271.932(c)(1) or (2) are met.

   (8)  A description of how the vector attraction reduction requirements in § 271.933(b)(9), (10) or (11) are met.

§ 271.919.  Reporting.

   A person who prepares sewage sludge and a person that land applies residential septage, shall submit the following information to the Department:

   (1)  The information in § 271.918(a) and (b) (relating to recordkeeping), for the appropriate requirements, when requested by the Department.

   (2)  Notification that 90% or more of any of the cumulative pollutant loading rates in Table 2 of § 271.914 (relating to pollutant limits) is reached at a site. When this figure is reached, the Department may require submission of the information in § 271.918(a)(2)(ii)(A)--(G).

   (3)  Notification of the date, time and location at which land application will occur, when requested by the Department, for the purpose of inspection or investigation to ascertain compliance or noncompliance with the permit and with applicable statutes, rules and regulations.

§ 271.920.  Inspection.

   A person operating under a land application of sewage sludge permit shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which the activities covered by the land application of sewage sludge permit will be, are being or have been conducted to ensure compliance with The Clean Streams Law, the act, regulations promulgated under The Clean Streams Law or under the act, and a permit issued under this subchapter. Samples may be taken of solid, semisolid, liquid or contained gaseous material for analysis.

§ 271.921.  Sewage sludge quality enhancement plan.

   (a)  A person that generates sewage sludge, except a person that generates residential septage or a person that generates sewage sludge meeting the requirements of § 271.911(b)(1) (relating to special requirements), shall prepare a sewage sludge quality enhancement plan in accordance with this section.

   (b)  The plan shall include:

   (1)  A physical, chemical and biological analysis and characterization of the sewage sludge.

   (2)  An evaluation of the impact industrial discharges have on the quality of the sewage sludge.

   (3)  A description of the measures taken by the generator of the sewage sludge to determine whether industrial discharges are in compliance with existing State and Federal pretreatment laws.

   (4)  A description of options to improve the physical, chemical or biological quality of the sewage sludge.

   (5)  A description of how the options were evaluated.

   (6)  An explanation of why each option was selected or rejected.

   (7)  A description of the methods to be used to analyze, evaluate and address potential sources or changes which may affect the quality of sewage sludge.

   (c)  The generator shall review the plan required by this section every 5 years and update it as necessary to address significant changes.

   (d)  The Department may, in writing, waive or modify the requirements of this section for generators of sewage sludge that meet the requirements of § 271.911(b)(1).

PATHOGENS AND VECTOR ATTRACTION REDUCTION

§ 271.931.  Special definitions.

   The following words and terms have the following meanings and applicable to §§ 271.932 and 271.933 (relating to pathogens; and vector attraction reduction):

   Aerobic digestion--The biochemical decomposition of organic matter in sewage sludge into carbon dioxide and water by microorganisms in the presence of air.

   Anaerobic digestion--The biochemical decomposition of organic matter in sewage sludge into methane gas and carbon dioxide by microorganisms in the absence of air.

   Density of microorganisms--The number of microorganisms per unit mass of total solids (dry weight) in the sewage sludge.

   Land with a high potential for public exposure--Land that the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site located in a populated area (for example, a construction site located in a city).

   Land with a low potential for public exposure--Land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest and a reclamation site located in an unpopulated area (for example, a surface mine located in a rural area).

   Pathogenic organisms; disease-causing organisms--These include, but are not limited to, certain bacteria, protozoa, viruses and viable helminth ova.

   pH--The logarithm of the reciprocal of the hydrogen ion concentration

   Specific oxygen uptake rate (SOUR)--The mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the sewage sludge.

   Total solids--The materials in sewage sludge that remain as residue when the sewage sludge is dried at 103° to 105°C.

   Unstabilized solids--Organic materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process.

   Vector attraction--The characteristic of sewage sludge that attracts rodents, flies, mosquitoes or other organisms capable of transporting infectious agents.

   Volatile solids--The amount of the total solids in sewage sludge lost when the sewage sludge is combusted at 1022°F (or 550°C) in the presence of excess air.

§ 271.932.  Pathogens.

   (a)  Sewage sludge other than residential septage--Class A.

   (1)  The requirement in paragraph (2) and the requirements in paragraph (3), (4), (5), (6), (7) or (8) shall be met for a sewage sludge to be classified Class A with respect to pathogens.

   (2)  The Class A pathogen requirements in paragraphs (3)--(8) shall be met either prior to meeting or at the same time the vector attraction reduction requirements in § 271.933 (relating to vector attraction reduction), except the vector attraction reduction requirements in § 271.933(b)(6)--(8), are met.

   (3)  Class A--Alternative 1.

   (i)  Either the density of fecal coliform in the sewage sludge shall be less than 1,000 most probable number per gram of total solids (dry weight basis), or the density of salmonella sp. bacteria in the sewage sludge shall be less than three most probable number per 4 grams of total solids (dry weight basis) at the time the sewage sludge is used; at the time the sewage sludge is prepared for sale, give away or other distribution, in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 271.911(b)(1) or (3) (relating to special requirements).

   (ii)  The temperature of the sewage sludge that is used shall be maintained at a specific value for a period of time.

   (A)  When the percent solids of the sewage sludge is 7% or higher, the temperature of the sewage sludge shall be 122°F (or 50°C) or higher; the time period shall be 20 minutes or longer; and the temperature and time period shall be determined using Equation (2), except when small particles of sewage sludge are heated by either warmed gases or an immiscible liquid.

Where,

   D = Time in days

   T = Temperatures in degrees Celsius

   (B)  When the percent solids of the sewage sludge is 7% or higher and small particles of sewage sludge are heated by either warmed gases or an immiscible liquid, the temperature of the sewage sludge shall be 122°F (or 50°C) or higher; the time period shall be 15 seconds or longer; and the temperature and time period shall be determined using Equation (2).

   (C)  When the percent solids of the sewage sludge is less than 7% and the time period is at least 15 seconds, but less than 30 minutes, the temperature and time period shall be determined using Equation (2).

   (D)  When the percent solids of the sewage sludge is less than 7%; the temperature of the sewage sludge is 122°F (or 50°C) or higher; and the time period is 30 minutes or longer, the temperature and time period shall be determined using Equation (3).

Where,

   D = Time in days

   T = Temperatures in degrees Celsius

   (4)  Class A--Alternative 2.

   (i)  Either the density of fecal coliform in the sewage sludge shall be less than 1,000 most probable number per gram of total solids (dry weight basis), or the density of salmonella sp. bacteria in the sewage sludge shall be less than three most probable number per 4 grams of total solids (dry weight basis) at the time the sewage sludge is used; at the time the sewage sludge is prepared for sale, give away or other distribution, in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 271.911(b)(1) or (3).

   (ii)  pH adjustment as follows:

   (A)  The pH of the sewage sludge that is used shall be raised to above 12 and shall remain above 12 for 72 hours.

   (B)  The temperature of the sewage sludge shall be above 125°F (or 52°C) for 12 hours or longer during the period that the pH of the sewage sludge is above 12.

   (C)  At the end of the 72-hour period during which the pH of the sewage sludge is above 12, the sewage sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50%.

   (5)  Class A--Alternative 3.

   (i)  Either the density of fecal coliform in the sewage sludge shall be less than 1,000 most probable number per gram of total solids (dry weight basis), or the density of salmonella sp. bacteria in sewage sludge shall be less than three most probable number per 4 grams of total solids (dry weight basis) at the time the sewage sludge is used; at the time the sewage sludge is prepared for sale, give away or other distribution, in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 271.911(b)(1) or (3).

   (ii)  Virus monitoring requirements are as follows:

   (A)  The sewage sludge shall be analyzed prior to pathogen treatment to determine whether the sewage sludge contains enteric viruses.

   (B)  When the density of enteric viruses in the sewage sludge prior to pathogen treatment is less than one plaque-forming unit per 4 grams of total solids (dry weight basis), the sewage sludge is Class A with respect to enteric viruses until the next monitoring episode for the sewage sludge.

   (C)  When the density of enteric viruses in the sewage sludge prior to pathogen treatment is equal to or greater than one plaque-forming unit per 4 grams of total solids (dry weight basis), the sewage sludge is Class A with respect to enteric viruses when the density of enteric viruses in the sewage sludge after pathogen treatment is less than one plaque-forming unit per 4 grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the sewage sludge that meets the enteric virus density requirement are documented.

   (D)  After the enteric virus reduction in clause (C) is demonstrated for the pathogen treatment process, the sewage sludge continues to be Class A with respect to enteric viruses when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in clause (C).

   (iii)  Helminth monitoring requirements are as follows:

   (A)  The sewage sludge shall be analyzed prior to pathogen treatment to determine whether the sewage sludge contains viable helminth ova.

   (B)  When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is less than 1 per 4 grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova until the next monitoring episode for the sewage sludge.

   (C)  When the density of viable helminth ova in the sewage sludge prior to pathogen treatment is equal to or greater than one per 4 grams of total solids (dry weight basis), the sewage sludge is Class A with respect to viable helminth ova when the density of viable helminth ova in the sewage sludge after pathogen treatment is less than 1 per 4 grams of total solids (dry weight basis) and when the values or ranges of values for the operating parameters for the pathogen treatment process that produces the sewage sludge that meets the viable helminth ova density requirement are documented.

   (D)  After the viable helminth ova reduction in clause (C) is demonstrated for the pathogen treatment process, the sewage sludge continues to be Class A with respect to viable helminth ova when the values for the pathogen treatment process operating parameters are consistent with the values or ranges of values documented in clause (C).

   (6)  Class A--Alternative 4.

   (i)  Either the density of fecal coliform in the sewage sludge shall be less than 1,000 most probable number per gram of total solids (dry weight basis), or the density of salmonella sp. bacteria in the sewage sludge shall be less than three most probable number per 4 grams of total solids (dry weight basis) at the time the sewage sludge is used; at the time the sewage sludge is prepared for sale, give away or other distribution in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 271.911(b)(1) or (3).

   (ii)  The density of enteric viruses in the sewage sludge shall be less than one plaque-forming unit per 4 grams of total solids (dry weight basis) at the time the sewage sludge is used; at the time the sewage sludge is prepared for sale, give away or other distribution, in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 271.911(b)(1) or (3), unless otherwise specified by the Department.

   (iii)  The density of viable helminth ova in the sewage sludge shall be less than 1 per 4 grams of total solids (dry weight basis) at the time the sewage sludge is used; at the time the sewage sludge is prepared for sale, give away or other distribution, in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 271.911(b)(1) or (3), unless otherwise specified by the Department.

   (7)  Class A--Alternative 5.

   (i)  Either the density of fecal coliform in the sewage sludge shall be less than 1,000 most probable number per gram of total solids (dry weight basis), or the density of salmonella, sp. bacteria in the sewage sludge shall be less than three most probable number per 4 grams of total solids (dry weight basis) at the time the sewage sludge is used; at the time the sewage sludge is prepared for sale, give away or other distribution, in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 271.911(b)(1) or (3).

   (ii)   Sewage sludge that is used shall be treated in one of the processes to further reduce pathogens described in Appendix A.

   (8)  Class A--Alternative 6.

   (i)  Either the density of fecal coliform in the sewage sludge shall be less than 1,000 most probable number per gram of total solids (dry weight basis), or the density of salmonella, sp. bacteria in the sewage sludge shall be less than three most probable number per 4 grams of total solids (dry weight basis) at the time the sewage sludge is used; at the time the sewage sludge is prepared for sale, give away or other distribution, in a bag or other container for application to the land; or at the time the sewage sludge or material derived from sewage sludge is prepared to meet the requirements in § 271.911(b)(1) or (3).

   (ii)  Sewage sludge that is used shall be treated in a process that is equivalent to a process to further reduce pathogens, as determined by the EPA.

   (b)  Sewage sludge other than residential septage--Class B.

   (1)  Additional requirements.

   (i)  The requirements in subsection (b)(2), (3) or (4) shall be met for a sewage sludge to be classified Class B with respect to pathogens.

   (ii)  The site restrictions in subsection (b)(5) shall be met when sewage sludge that meets the Class B pathogen requirements in subsection (b)(2), (3) or (4) is applied to the land.

   (2)  Class B--Alternative 1.

   (i)  Seven samples of the sewage sludge shall be collected at the time the sewage sludge is used.

   (ii)  The geometric mean of the density of fecal coliform in the samples collected in subparagraph (i) shall be less than either 2 million most probable number per gram of total solids (dry weight basis) or 2 million colony forming units per gram of total solids (dry weight basis).

   (3)  Class B--Alternative 2. Sewage sludge that is used shall be treated in one of the processes to significantly reduce pathogens described in Appendix A.

   (4)  Class B--Alternative 3. Sewage sludge that is used shall be treated in a process that is equivalent to a process to significantly reduce pathogens, as determined by the EPA.

   (5)  Site restrictions.

   (i)  Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally above the land surface may not be harvested for 14 months after application of sewage sludge.

   (ii)  Food crops with harvested parts below the surface of the land may not be harvested for 20 months after application of sewage sludge when the sewage sludge remains on the land surface for 4 months or longer prior to incorporation into the soil.

   (iii)  Food crops with harvested parts below the surface of the land may not be harvested for 38 months after application of sewage sludge when the sewage sludge remains on the land surface for less than 4 months prior to incorporation into the soil.

   (iv)  Food crops, feed crops and fiber crops may not be harvested for 30 days after application of sewage sludge.

   (v)  Animals may not be allowed to graze on the land for 30 days after application of sewage sludge.

   (vi)  Turf grown on land where sewage sludge is applied may not be harvested for 1 year after application of the sewage sludge when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the Department.

   (vii)  Public access to land with a high potential for public exposure shall be restricted for 1 year after application of sewage sludge.

   (viii)  Public access to land with a low potential for public exposure shall be restricted for 30 days after application of sewage sludge.

   (c)  Residential septage. Residential septage shall be stabilized to meet processes to significantly reduce pathogens or processes to further reduce pathogens prior to land application, and the site restrictions in subsection (b)(5)(i)--(iv) shall be met. For alkali stabilization, the pH of residential septage applied to agricultural land, forest or a reclamation site shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes and the site restrictions in subsection (b)(5)(i)--(iv) shall be met.

§ 271.933.  Vector attraction reduction.

   (a)  Options.

   (1)  One of the vector attraction reduction requirements in subsection (b)(1)--(10) shall be met when sewage sludge is applied to agriculture land, forest, a public contact site or a reclamation site.

   (2)  One of the vector attraction reduction requirements in subsection (b)(1)--(8) shall be met when sewage sludge is applied to a lawn or a home garden.

   (3)  One of the vector attraction reduction requirements in subsection (b)(1)--(8) shall be met when sewage sludge is sold, given away or otherwise distributed, in a bag or other container for application to the land.

   (4)  One of the vector attraction reduction requirements in subsection (b)(9), (10) or (11) shall be met when residential septage is applied to agricultural land, forest or a reclamation site.

   (b)  Standards.

   (1)  The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38% (see calculation procedures in ''Environmental Regulations and Technology--Control of Pathogens and Vector Attraction in Sewage Sludge,'' EPA-625/R-92/013, 1992, United States Environmental Protection Agency, Cincinnati, Ohio 45268).

   (2)  When the 38% volatile solids reduction requirement in paragraph (b)(1) cannot be met for an anaerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 86° and 98°F (or 30° and 37°C). When at the end of the 40 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 17%, vector attraction reduction is achieved.

   (3)  When the 38% volatile solids reduction requirement in paragraph (1) cannot be met for an aerobically digested sewage sludge, vector attraction reduction can be demonstrated by digesting a portion of the previously digested sewage sludge that has a percent solids of 2% or less aerobically in the laboratory in a bench-scale unit for 30 additional days at 68°F (or 20°C). When at the end of the 30 days, the volatile solids in the sewage sludge at the beginning of that period is reduced by less than 15%, vector attraction reduction is achieved.

   (4)  The SOUR for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 68°F (or 20°C).

   (5)  Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the temperature of the sewage sludge shall be higher than 104°F (or 40°C) and the average temperature of the sewage sludge shall be higher than 113°F (or 45°C).

   (6)  The pH of sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 2 hours and then at 11.5 or higher for an additional 22 hours.

   (7)  The percent solids of sewage sludge that does not contain unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 75% based on the moisture content and total solids prior to mixing with other materials.

   (8)  The percent solids of sewage sludge that contains unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 90% based on the moisture content and total solids prior to mixing with other materials.

   (9)  Sewage sludge shall be injected below the surface of the land. No significant amount of the sewage sludge may be present on the land surface within 1 hour after the sewage sludge is injected. When the sewage sludge that is injected below the surface of the land is Class A with respect to pathogens, the sewage sludge shall be injected below the land surface within 8 hours after being discharged from the pathogen treatment process.

   (10)  Sewage sludge applied to the land surface shall be incorporated into the soil within 6 hours after application to the land. When sewage sludge that is incorporated into the soil is Class A with respect to pathogens, the sewage sludge shall be applied within 8 hours after being discharged from the pathogen treatment process.

   (11)  The pH of residential septage shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes.

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