Region 8

Biosolids

**Biosolids Notice**

The EPA proposed in the Federal Register notice, of November 13, 2014, to change the biosolids permit expiration date from May 12, 2018 to January 15, 2015. EPA did not receive any comment; therefore, the EPA has decided to modify the existing Biosolids permit to expire January 15, 2015.

*****2014 annual reports are due February 19, 2015*****

NEW Annual Reporting Process Begins this year.

How do I know if I need to send in an annual report to EPA? Follow the list below, in order:

1. Are you on the’ Major’ List? (Majors need to Report)

2. Check the Major/Minor ‘List’ below

3. If you are a Major – read on
The EPA Region 8 biosolids general permit expires January 15, 2015 and no coverage will be granted. In accordance with 40 CFR §503.3, the permitting authority, in this case the EPA, may either issue a permit or rely on direct enforceability of the 40 CFR §503.  Direct enforceability means that no person shall use or dispose of sewage sludge through any practice for which requirements are established in 40 CFR §503 except in accordance with such requirements.

EPA Region 8 is not issuing facility coverage under the EPA Region 8 Biosolids General Permit. Therefore, you are required under the Direct Enforceability provision of 40 CFR §503.3(b) to meet the applicable requirements of the regulation.  You can obtain an electronic copy of the 503 regulation.

4. Check with your State to make sure you follow their reporting requirements.
Note that Colorado Department of Health and the Environment (CDPHE) as well as the other states may have regulations and/or requirements for disposal or use of biosolids. This letter does not waive any of those compliance requirements, including the requirement to send an annual report to the STATE Biosolids Program. (NOTE if you are in SD or UT continue reporting to your State)

5. Where do I send my report?
EPA is centralizing biosolids annual reports review. The new location to send your 2014 Annual biosolids report, due February 19, 2015, is:

EPA Region 7
ATTN:  Biosolids Center
WWPD/WENF
11201 Renner Boulevard
Lenexa, Kansas  66219

You can use the review package which Region 7 uses when it is reviewing Biosolids Annual Reports for compliance as guidance. You may utilize this document as guidence in preparation of your 2014 annual report. Please pay special attention to the record keeping and reporting requirements for each practice covered by the 40 CFR §503.  If you have any questions please call or email Bob Brobst at 303.674.1209 or email at Brobst.bob@epa.gov.

Documents:

If you are not on the Major List, go through the following checklist:

1. Are you on the Minor List?

2. If you are on the Minor List – Read On
The EPA Region 8 biosolids general permit expires January 15, 2015, and no coverage will be granted. In accordance with 40 CFR §503.3, EPA Region 8, is relying on direct enforceability of the 40 CFR §503.  Direct enforceability means that no person shall use or dispose of sewage sludge through any practice for which requirements are established in 40 CFR §503 except in accordance with such requirements.
The EPA Region 8 is not issuing facility coverage under the EPA Region 8 Biosolids General Permit. Therefore, you are required under the Direct Enforceability provision of 40 CFR §503.3(b) to meet the applicable requirements of the regulation.  You can obtain an electronic copy of the 503 regulation here.

3. Check with your State to make sure you follow their reporting requirements.

You are no longer required to submit an annual report to EPA, but you may still be required to submit an annual report to your State. However, you are required to retain all of the information for a minimum of 5 years.

Please pay special attention to the record keeping requirements for each practice covered by the 40 CFR §503.  If you have any questions please call or email Bob Brobst at 303.674.1209 or email at Brobst.bob@epa.gov.

Finally, if you are NOT on either list:

1. If you are in an Authorized State, in Region 8 that is SD and UT, you continue reporting to your State and NOT to EPA, for now.

2. If you are a new facility or not on either list contact Bob Brobst

3. If you have an increase in production of biosolids that would change your status (i.e. change you from a minor to a Major) you are required to submit an annual report regardless of which list you originally appeared on. Contact Bob Brobst.

4. If you are still in doubt send in an annual report.

5. If I am required to send in a report where do I send my report?

EPA Region 7
ATTN:  Biosolids Center
WWPD/WENF
11201 Renner Boulevard
Lenexa, Kansas  66219

Useful WEB pages for annual reporting:


How can I get More Information?

U.S. EPA
Bob Brobst (8P-W-WW), Biosolids Coordinator
U.S. Environmental Protection Agency, Region 8
1595 Wynkoop Street
Denver, Colorado 80202-1129

Telephone: 303-312-6129 or 1-800-227-8917 ext. 6129
brobst.bob@epa.gov
Fax: 303-312-6116

State Contacts for the Biosolids Program 

COLORADO

Tim Larson
CO Dept. of Public Health
4300 Cherry Creek Drive South
Denver, CO 80222
Tel: 303-691-4091
Fax: 303-782-0390
tim.larson@state.co.us

MONTANA

Tom Reid
Montana Department of Environmental Quality
P.O. Box 200901
Helena, MT 59620
Tel: 406-444-5329
Fax: 406-444-1374
toreid@mt.gov

NORTH DAKOTA

Karl Rockeman
Environmental Health Section
Division of Water Quality
ND Dept. of Health
918 E Divide Ave
P.O. Box 5520
Bismarck, ND 58501-1947
Tel: 701-328-5210
Fax: 701-328-5200
krockema@nd.gov

SOUTH DAKOTA

Tina Piroutek
SD Dept. of Environment and Natural Resources
Joe Foss Building
523 East Capital
Pierre, SD 57501-3181
Tel: 605-773-3351
Fax: 605-773-5286
tina.piroutek@state.sd.us

UTAH

Daniel Griffin, P. E.
Environmental Engineer
UPDES Engineering Section
PO Box 144870
Salt Lake City, Utah 84114-4870
Tel: (801) 536-4387
Fax:   (801) 536-4301
dgriffin@utah.gov

WYOMING

Rich Cripe
WY DEQ
Herschler Bldg., 4th Floor West
122 W. 25th Street
Cheyenne, WY 82009
Tel: 307-777-7075
Fax: 307-777-5973
rich.cripe@wyo.gov