[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR501.1]

[Page 800-802]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 501_STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS--Table of Contents
 
        Subpart A_Purpose, Scope and General Program Requirements
 
Sec. 501.1  Purpose and scope.




        Subpart A_Purpose, Scope and General Program Requirements

Sec.
501.1 Purpose and scope.
501.2 Definitions.
501.3 Coordination with other programs.

         Subpart B_Development and Submission of State Programs

501.11 Elements of a sludge management program submission.
501.12 Program description.
501.13 Attorney General's statement.
501.14 Memorandum of Agreement with the Regional Administrator.
501.15 Requirements for permitting.
501.16 Requirements for compliance evaluation programs.
501.17 Requirements for enforcement authority.
501.18 Prohibition.
501.19 Sharing of information.
501.20 Receipt and use of federal information.
501.21 Program reporting to EPA.
501.22 Requirements for eligibility of Indian Tribes.
501.23 Request by an Indian Tribe for a determination of eligibility.
501.24 Procedures for processing an Indian Tribe's application.
501.25 Provisions for Tribal criminal enforcement authority.

           Subpart C_Program Approval, Revision and Withdrawal

501.31 Review and approval procedures.
501.32 Procedures for revision of State programs.
501.33 Criteria for withdrawal of State programs.
501.34 Procedures for withdrawal of State programs.

    Authority: 33 U.S.C. 1251 et seq.

    Source: 54 FR 18786, May 2, 1989, unless otherwise noted.



    (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 Sec. 501.25.
    (d) In addition, any complete State Sludge Management Program 
submitted for approval under this part must have authority to regulate 
all sewage sludge management activities subject to 40 CFR part 503, 
unless the State is applying for partial sludge program approval in 
accordance with

[[Page 801]]

paragraph (m) of this section. The State sludge management program must 
include authority to regulate all Federal facilities in the State. 
Sludge management activities must include as applicable:
    (1) Land application;
    (2) Landfilling in a Municipal Solid Waste Landfill regulated under 
40 CFR part 258;
    (3) Incineration;
    (4) Surface disposal; and
    (5) Any other sludge use or disposal practices that may subsequently 
be regulated by 40 CFR part 503.
    (e) The Administrator will approve State programs which conform to 
the applicable requirements of this part.
    (f)(1) Upon approval of a State program, the Administrator will 
suspend the issuance of federal permits for those activities subject to 
the approved State program. After program approval EPA will 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 will 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.
    (2) The procedures outlined in the preceding paragraph (f)(1) of 
this section for the suspension of permitting authority and transfer of 
existing permits will also apply when EPA approves an Indian Tribe's 
application to operate a State sludge management program and a State was 
the authorized permitting authority under Sec. 501.13 for sludge 
management activities within the scope of the newly approved program. 
The authorized State will retain jurisdiction over its existing permits 
as described in paragraph (f)(1) of this section absent a different 
arrangement stated in the Memorandum of Agreement executed between EPA 
and the Tribe.
    (g) Notwithstanding approval of a State sludge program, EPA has the 
authority to take enforcement actions for any violations of this part or 
sections 405 or 309 of the CWA.
    (h) Any State program approved by the Administrator shall at all 
times be conducted in accordance with the requirements of this part.
    (i) Nothing in this part precludes a State or political subdivision 
thereof, or interstate agency, from adopting or enforcing requirements 
established by State or local law that are more stringent or more 
extensive than those required in this part or in any other federal 
statute or regulation.
    (j) Nothing in this part precludes a State from operating a program 
with a greater scope of coverage than that required under this part. If 
an approved State program has greater scope of coverage than required by 
federal law, the additional coverage is not part of the federally 
approved program.
    (k) Sections 106 (a) and (d) of the Marine Protection, Research, and 
Sanctuaries Act (MPRSA), 33 U.S.C. 1416, generally preclude States from 
regulating or issuing permits for ocean dumping. Nothing in this 
regulation is intended to confer on the States the authority to engage 
in the regulation or permitting of ocean dumping in contravention of the 
provisions of sections 106 (a) and (d) of the MPRSA.
    (l) The Administrator may allow a State sewage sludge management 
agency to assign portions of its program responsibilities to local 
agencies, provided that:
    (1) No assignment is made to a local agency which owns or operates a 
POTW or other facility that treats or disposes of sewage sludge;
    (2) The program description required by Sec. 501.12 of this part 
identifies any assignment of program responsibilities to the local 
agency(ies), describes the capabilities of the local agency to carry out 
assigned functions, and includes copies of any documents which execute 
the assignment and an agreement between the State sewage sludge 
management agency and the local agency(ies) defining their respective 
program responsibilities;
    (3) The Attorney General's Statement required by Sec. 501.13 of 
this part

[[Page 802]]

states that any assignment of program responsibilities to the local 
agency(ies) described in the program description is valid under State 
law and that State and local law do not otherwise prohibit the local 
agency(ies) from executing the program responsibilities assigned by the 
State sewage sludge management agency;
    (4) The Memorandum of Agreement (MOA) required by Sec. 501.14 of 
this part includes adequate provisions for the State sewage sludge 
management agency's oversight of the program responsibilities assigned 
to the local agency(ies);
    (5) The State sewage sludge management agency retains all 
responsibility for the program reporting required by Sec. 501.21 of 
this part and for all other activities required by this part or by the 
MOA related to EPA oversight of the State's approved program; and
    (6) The State sewage sludge management agency retains full authority 
and ultimate responsibility for administering all aspects of the State's 
approved program in accordance with the requirements of this part and 
the MOA.
    (m) A State whose sludge management program has not been approved 
under this part may submit to the Regional Administrator an application 
for approval of a partial sewage sludge program. The following are the 
requirements for approval of a partial program:
    (1) A partial program submission must constitute a complete 
management program covering one or more categories of sewage sludge use 
or disposal. The program must also apply to anyone engaged in the sewage 
sludge use or disposal practice that is the subject of the partial 
program. A complete management program is one that provides for the 
issuance of permits, the monitoring of compliance and, in the event of 
violations, possible enforcement action.
    (2) The partial program submission must also address the following 
requirements:
    (i) The Attorney General's Statement, in addition to the information 
required by Sec. 501.13, must clearly explain the jurisdiction of the 
administering agency or department;
    (ii) The program description, in addition to the information 
required by Sec. 501.12, must explain how the program will operate, 
including which use and disposal practice(s) the State will cover. The 
program description must also explain the relationship and coordination 
between the proposed partial sewage sludge program and that part of the 
program for which EPA will remain the permitting authority, including a 
discussion of the division of permitting, enforcement, and compliance 
monitoring responsibilities between the State and EPA; and
    (iii) The Memorandum of Agreement between EPA and the State, in 
addition to the information required by Sec. 501.14, must set out the 
responsibilities of EPA and the State in administering the partial 
program, including specific provisions for transfer of information and 
determination of which users or disposers of sewage sludge are included 
in the partial program.

[54 FR 18786, May 2, 1989, as amended at 58 FR 67983, Dec. 22, 1993; 63 
FR 45123, Aug. 24, 1998]