§ 271.901. Purpose and applicability.

 (a)  Purpose.

   (1)  This subchapter establishes standards for general and individual land application of sewage sludge permits for the beneficial use of sewage sludge by land application. The standards consist of general requirements, pollutant limits, management practices and operational standards. This subchapter also includes pathogen and alternative vector attraction reduction requirements.

   (2)  In addition, the standards in this subchapter include reporting requirements and the frequency of monitoring and recordkeeping requirements when sewage sludge is applied to the land for beneficial use.

 (b)  Applicability.

   (1)  This subchapter applies to a person who prepares sewage sludge that will be sold or given away in a bag or other container or that will be land applied, and to a person who applies sewage sludge to the land.

 (a)  Permits. The requirements in this subchapter may be implemented through an individual land application of sewage sludge permit or a land application of sewage sludge general permit. An individual land application of sewage sludge permit will be issued to, and a land application of sewage sludge general permit will provide coverage for, persons who prepare sewage sludge or persons who land apply residential septage, or both. For a land application of sewage sludge permit to be issued to or provide coverage for a person who prepares sewage sludge other than residential septage, that person shall have one or more of the following:

   (1)  A permit for operation of the facility issued by the Department under the procedures and requirements of Chapter 91 or 92 (relating to general provisions; and National Pollutant Discharge Elimination System permitting, monitoring and compliance) or this chapter, as applicable.

   (2)  A permit for operation of the facility issued or modified by the state in which the facility is located or by the EPA, from which the Department may determine that the sewage sludge to be land applied will meet the standards in 40 CFR Part 503 (relating to standards for the use or disposal of sewage sludge).

 (b)  Direct enforceability. A person may not land apply sewage sludge through any practice for which requirements are established in this subchapter except in accordance with these requirements.

 (c)  Persons seeking to land apply sewage sludge shall obtain a land application of sewage sludge permit under the procedures and requirements in Chapters 91 and 92, as applicable, and this subchapter.

 (d)  A land application of sewage sludge permit requires compliance with Chapters 91 and 92, as applicable, this subchapter, and the terms and conditions of the permit.

 (e)  The Department is authorized to issue a land application of sewage sludge general permit if the permit meets the applicable requirements in § §  92.81—92.83 (relating to NPDES permits), as modified by subsection (f). The Department may issue a land application of sewage sludge general permit for an activity related to the land application of sewage sludge which may result in a discharge of pollutants to waters of this Commonwealth. The site specific review and approval requirements of § §  92.81—92.83 are not applicable to general permits issued under this subchapter.

 (f)  The restrictions contained in § §  92.81(a)(8) and 92.83(b)(8) are not applicable to the land application of sewage sludge to the extent the restrictions would prohibit general permit coverage in watersheds designated as ‘‘high quality waters’’ under Chapter 93 (relating to water quality standards).

 (g)  A person may not apply sewage sludge in a way that will cause surface or groundwater pollution, cause or allow the attraction, harborage or breeding of vectors, cause or allow emissions of any malodorous air contaminants under §  123.31(b) (relating to limitations), adversely affect private or public water supplies, or cause any public nuisance.

 (h)  Applications for individual land application of sewage sludge permits issued under this subchapter, or for coverage under land application of sewage sludge general permits issued under this subchapter, shall be accompanied by a nonrefundable fee of $500 made payable to the ‘‘Commonwealth of Pennsylvania.’’

 (a)  A person that possesses an existing individual permit or beneficial use order for the land application of sewage sludge, or a sewage sludge distribution program permit, issued by the Department shall either:

   (1)  Cease operations.

   (2)  Continue operations under the permit or beneficial use order until it expires or until the person obtains coverage under a land application of sewage sludge permit.

 (b)  When the Department makes an affirmative decision under subsection (a)(2), the terms and conditions of the land application of sewage sludge permit will supersede the terms and conditions of the existing permit or beneficial use order.

 (c)  Existing beneficial use orders issued by the Department under former §  271.232 (Reserved) expire on January 25, 2002.

 (d)  Existing permits identified in subsection (a), which do not contain an express expiration date, will be deemed to expire on January 25, 2002.

 On a case-by-case basis, the Department may impose requirements in addition to or more stringent than the requirements in this subchapter when necessary to protect public health and the environment from any adverse effect of a pollutant in the sewage sludge.

 A person who prepares sewage sludge shall ensure that the applicable requirements in this subchapter are met when the sewage sludge is applied to the land.

 (a)  Sampling. Representative samples of sewage sludge that is applied to the land shall be collected and analyzed.

 (b)  Methods. Methods in the materials listed in this subsection, or in any later amendments published in the Federal Register, are incorporated by reference and shall be used to analyze samples of sewage sludge. Other methods may be approved by the Department.

   (1)  Enteric viruses. ASTM Designation: D 4994-89, ‘‘Standard Practice for Recovery of Viruses from Wastewater Sludges,’’ 1992 Annual Book of ASTM Standards: Section 11—Water and Environmental Technology, ASTM, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187.

   (2)  Fecal coliform. Part 9221 E. or Part 9222 D., ‘‘Standard Methods for the Examination of Water and Wastewater,’’ 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005.

   (3)  Helminth Ova. Yanko, W. A. ‘‘Occurrence of Pathogens in Distribution and Marketing Municipal Sludges,’’ EPA 600/1-87-014, 1987. National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB 88-154273/AS).

   (4)  Inorganic pollutants. ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,’’ EPA Publication SW-846, Second Edition (1982) with Updates I (April 1984) and II (April 1985) and Third Edition (November 1986) with Revision I (December 1987). Second Edition and Updates I and II are available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB-87-120-291). Third Edition and Revision I are available from Superintendent of Documents, Government Printing Office, 941 North Capitol Street, NE., Washington, DC 20002 (Document Number 955-001-00000-1).

   (5)  Salmonella SP. Bacteria. Part 9260 D., ‘‘Standard Methods for the Examination of Water and Wastewater,’’ 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005; or Kenner, B. A. and H. P. Clark, ‘‘Detection and Enumeration of Salmonella and Pseudomonas Aeruginosa,’’ Journal of the Water Pollution Control Federation, Vol. 46, No. 9, September 1974, pp. 2163- 2171. Water Environment Federation, 601 Wythe Street, Alexandria, Virginia 22314.

   (6)  Specific oxygen uptake rate. Part 2710 B., ‘‘Standard Methods for the Examination of Water and Wastewater,’’ 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005.

   (7)  Total, fixed and volatile solids. Part 2540 G., ‘‘Standard Methods for the Examination of Water and Wastewater,’’ 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005.

 The following words and terms have the following meanings and apply only to this subchapter; other definitions may be found in §  271.1 (relating to definitions):

 Agricultural land—Land on which a food crop, a feed crop, a fiber crop, a silvicultural crop or a horticultural crop is grown. The term includes range land and land used as pasture.

 Agronomic rate—The annual whole sludge application rate (dry weight basis) designed to do the following:

   (1)  Provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, silvicultural crop, cover crop, horticultural crop or vegetation grown on the land.

   (2)  Minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the groundwater.

 Annual whole sludge application rate—The maximum amount of sewage sludge (dry weight basis) that can be applied to a unit area of land during a 365-day period.

 Apply sewage sludge or sewage sludge applied to the land or land apply—Land application of sewage sludge.

 Bag or other container—Either an open or closed receptacle. The term includes, but is not limited to, a bag, bucket, box, container, vehicle or trailer, with a load capacity of 1.1 tons (or 1.0 metric ton) or less.

 Cover crop—A small grain crop, such as oats, wheat or barley, not grown for harvest.

 Cumulative pollutant loading rate—The maximum amount of a pollutant that can be applied to an area of land.

 Domestic sewage—Waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.

   Dry weight basis—Calculated on the basis of having been dried at 221°F (or 105°C) until reaching a constant mass (that is, essentially 100% solids content).

 Feed crops—Crops produced primarily for consumption by animals.

 Fiber crops—Crops such as flax and cotton.

 Food crops—Crops consumed by humans. The term includes, but is not limited to, fruits, vegetables and tobacco.

 Forest—A tract of land thick with trees and underbrush.

 Frozen ground—Ground frozen to a depth of at least 2 inches for a period of 72-consecutive hours.

 Industrial wastewater—Wastewater generated in a commercial or industrial process.

 Land application—The spraying or spreading of sewage sludge onto the land surface for beneficial use; the injection of sewage sludge below the land surface for beneficial use; or the incorporation of sewage sludge into the soil for beneficial use so that the sewage sludge can either condition the soil or fertilize crops for vegetation grown in the soil.

 Land application of sewage sludge general permit—A regionwide or Statewide land application of sewage sludge permit that is issued by the Department under the procedures and requirements in Chapters 91 and 92 (relating to general provisions; and National Pollutant Discharge Elimination System permitting, monitoring and compliance) and this subchapter, as applicable, for a clearly described category of activities which may involve a discharge to surface or groundwaters, when the activities are substantially similar in nature and do not have the potential to cause significant adverse environmental impact.

 Land application of sewage sludge permit—A permit that is issued for an activity related to the land application of sewage sludge which may result in a discharge of pollutants to waters of this Commonwealth.

 Municipality—A city, town, borough, county, township or an authority created by any of the foregoing under State law, including an intermunicipal agency of two or more of the foregoing entities.

 Pasture—Land on which animals feed directly on feed crops such as legumes, grasses, grain stubble or stover.

 Person—An individual, corporation, partnership, association, municipality, political subdivision or an instrumentality of State, Federal or local government, or an agent or employe thereof; or any other legal entity.

 Person who prepares sewage sludge—Either the person who generates sewage sludge during the treatment or processing of domestic sewage in a treatment works or the person who derives a material from sewage sludge. The term includes a composting facility that composts sewage sludge.

 Pollutant—An organic substance, an inorganic substance, a combination of organic substances, a pathogenic organism or another substance identified by the Department that, after discharge and upon exposure, ingestion, inhalation or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the Department cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either organisms or offspring of the organisms.

 Pollutant limit—A numerical value that describes the amount of a pollutant allowed per unit amount of sewage sludge (for example, milligrams per kilogram of total solids); the amount of a pollutant that can be applied to a unit area of land (for example, pounds per acre or kilograms per hectare); or the volume of a material that can be applied to a unit area of land (for example, gallons per acre or liters per hectare).

 Public contact site—Land with a high potential for contact by the public. The term includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms and golf courses.

 Range land—Open land with indigenous vegetation.

 Reclamation site—Drastically disturbed land that is reclaimed using sewage sludge. The term includes, but is not limited to, active and abandoned coal and noncoal surface mines and construction sites.

 Residential septage—Liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives only waste or wastewater from humans or household operations. The term includes processed residential septage from a residential septage treatment facility. The term does not include liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III Marine Sanitation Device or similar treatment works, that receives either commercial wastewater or industrial wastewater, and does not include grease removed from grease traps at a restaurant.

 Runoff—Rainwater, leachate or other liquid that drains overland on any part of a land surface and runs off of the land surface.

 Treat or treatment of sewage sludge—The preparation of sewage sludge for land application. The term includes, but is not limited to, thickening, stabilization and dewatering of sewage sludge. The term does not include storage of sewage sludge.

 Treatment works—Either a Federally owned, publicly owned or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature.

 Wetlands—Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs and similar areas.

   This section cited in 25 Pa. Code §  271.821 (relating to application for general permit).

OPERATING REQUIREMENTS

§ 271.911. Special requirements.

 (a)  Application. This section applies to sewage sludge that meets the criteria in subsection (b).

 (b)  Exceptional quality sewage sludge.

   (1)  The general requirements in §  271.913 (relating to general requirements) and the management practices in §  271.915 (relating to management practices), do not apply when sewage sludge is applied to the land if, prior to use, the sewage sludge continuously meets the pollutant concentrations in §  271.914(b)(3) (relating to pollutant limits), the Class A pathogen requirements in §  271.932(a) (relating to pathogens) and one of the vector attraction reduction requirements in §  271.933(b)(1)—(8) (relating to vector attraction reduction), and is nonliquid and nonrecognizable as human waste.

   (2)  Sewage sludge that meets the requirements of paragraph (1) or (3) 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. For land reclamation, sewage sludge shall be incorporated within 24 hours after application.

   (3)  Sewage sludge sold, given away or otherwise distributed, in a bag or other container for application to the land shall continuously meet the pollutant concentrations in §  271.914(b)(3), the Class A pathogen requirements in §  271.932(a) and one of the vector attraction reduction requirements in §  271.933(b)(1)—(8), and shall be nonliquid and nonrecognizable as human waste.

 (c)  Label or information sheet. Either a label shall be affixed to the bag or other container in which sewage sludge is sold, given away or otherwise distributed, for application to the land, or an information sheet shall be provided to the person who receives sewage sludge sold, given away or otherwise distributed, in a bag or other container for application to the land. The label or information sheet shall contain the following information:

   (1)  The name and address of the person who prepared the sewage sludge that is sold, given away or otherwise distributed, in a bag or other container for application to the land.

   (2)  A statement that application of the sewage sludge to the land is prohibited except in accordance with the instructions on the label or information sheet.

   (3)  A description of the restrictions or limitations and the nutrient value of the sewage sludge.

 (d)  Application by Department. The Department may apply any or all of the general requirements in §  271.913 and the management practices in §  271.915 to the sewage sludge in subsection (b)(1) on a case-by-case basis after determining that some or all of the general requirements or management practices in those sections are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the sewage sludge.

 The Department may enter into an agreement with a county conservation district with the approval of the State Conservation Commission to authorize the county conservation district to:

   (1)  Provide site evaluation and permit application review of land application of sewage sludge permits.

   (2)  Provide information and written materials to the general public, the regulated community and the agricultural community concerning the land application of sewage sludge.

   (3)  Conduct education sessions with interested parties on the land application of sewage sludge.

   (4)  Conduct inspections of permitted land application facilities and those areas where sewage sludge is applied under land application of sewage sludge permits.

 (a)  A person may not apply sewage sludge to the land except in accordance with this subchapter.

 (b)  A person may not apply sewage sludge subject to the cumulative pollutant loading rates in §  271.914(b)(2) (relating to pollutant limits) to agricultural land, forest, a public contact site or a reclamation site if any of the cumulative pollutant loading rates in §  271.914(b)(2) have been reached.

 (c)  A person may not apply residential septage to agricultural land, forest or a reclamation site during a 365-day period if the annual application rate in §  271.914(c) has been reached during that period.

 (d)  A person may not apply sewage sludge to a reclamation site unless the reclamation activity is permitted or otherwise approved by the Department.

 (e)  A person who operates under a land application of sewage sludge permit issued under this subchapter shall obtain written consent of the owner of the land upon which the sewage sludge will be land applied, on a form prepared by the Department, prior to land applying the sewage sludge.

 (f)  A person who operates under a land application of sewage sludge permit issued under this subchapter shall, at least 7 days prior to land applying sewage sludge for the first time at a location, provide the occupant of the land with a user instruction sheet prepared by the person operating under the permit that describes the acceptable uses and limitations of the sewage sludge.

 (g)  Notification requirements are as follows:

   (1)  A person who prepares sewage sludge that is land applied at a location and a person who land applies residential septage at a location for agricultural, forest or land reclamation purposes shall send or otherwise provide written notification to the adjacent landowner, the county conservation district and the Department at least 30 days prior to the first application of the sewage sludge at that location. The notification shall:

     (i)   Include a brief description of the operation, any site restrictions, the name of the person land applying the sewage sludge and the applicable permit number.

     (ii)   Be sent by personal delivery or first class mail and, for an adjacent landowner, shall also be given by posting at the property line in a manner sufficient to notify the adjacent landowner of the items in subparagraph (i).

     (iii)   For the county conservation district and the Department, include the location of the fields on a United States Geological Survey map and on a Natural Resources Conservation Service Soils Map.

     (iv)   For the Department, be sent to the Department’s regional office that has jurisdiction for the location where the sewage sludge will be applied.

   (2)  The Department may modify these requirements for purposes of land reclamation where the activity is part of another permit or approval issued by the Department and public notice has been provided as part of the permit or approval.

 (h)  Prior to the first time a site is used for land application, the first person who prepares sewage sludge or the first person who land applies residential septage shall obtain, at a minimum, one representative soil chemical analysis for each field on which sewage sludge is land applied, for pH and those constituents listed in the tables in §  271.914(b).

 (i)  The person who prepares sewage sludge that is applied to agricultural land, forest, a public contact site or a reclamation site shall provide the person who applies the sewage sludge written notification of the concentration of total nitrogen (as nitrogen on a dry weight basis) in the sewage sludge.

 (j)  Land application information requirements are as follows:

   (1)  The person who applies sewage sludge to the land shall obtain information needed to comply with the requirements in this subchapter.

   (2)  Before sewage sludge subject to the cumulative pollutant loading rates in §  271.914(b)(2) is applied to the land, the person who proposes to apply the sewage sludge shall contact the Department’s regional office that has jurisdiction for the site where the sewage sludge will be applied to determine, based on existing and readily available information, whether sewage sludge subject to the cumulative pollutant loading rates in §  271.914(b)(2) has been applied to the site. The information will result in the following:

     (i)   If sewage sludge subject to the cumulative pollutant loading rates in §  271.914(b)(2) has not been applied to the site, the cumulative amount for each pollutant listed in Table 2 of §  271.914 may be applied to the site in accordance with §  271.914(a)(2).

     (ii)   If sewage sludge subject to the cumulative pollutant loading rates in §  271.914(b)(2) has been applied to the site, and the cumulative amount of each pollutant applied to the site in the sewage sludge is known, the cumulative amount of each pollutant applied to the site shall be used to determine the additional amount of each pollutant that can be applied to the site under §  271.914(a)(2).

     (iii)   If sewage sludge subject to the cumulative pollutant loading rates in §  271.914(b)(2) has been applied to the site, and the cumulative amount of each pollutant applied to the site in the sewage sludge is not known, an additional amount of each pollutant may not be applied to the site in accordance with §  271.914(a)(2).

 (k)  When a person who prepares sewage sludge provides the sewage sludge to a person who applies the sewage sludge to the land, the person who prepares the sewage sludge shall provide the person who applies the sewage sludge notice and necessary information to comply with this subchapter.

 (l)  When a person who prepares sewage sludge provides the sewage sludge to another person who prepares the sewage sludge, the person who provides the sewage sludge shall provide the person who receives the sewage sludge notice and necessary information to comply with this subchapter.

 (m)  The person who applies sewage sludge to the land shall provide the legal or equitable owner, or lease holder, of the land on which the sewage sludge is applied notice and necessary information to comply with this subchapter.

 (a)  Sewage sludge other than residential septage.

   (1)  Sewage sludge may not be applied to the land if the concentration of any pollutant in the sewage sludge exceeds the ceiling concentration for the pollutant in Table 1.

   (2)  If sewage sludge, other than sewage sludge that meets the criteria of §  271.911(b)(1) or (3) (relating to special requirements), is applied to agricultural land, forest, a public contact site or a reclamation site, the cumulative loading rate for each pollutant may not exceed the cumulative pollutant loading rate for the pollutant in Table 2.

   (3)  If sewage sludge is applied to a lawn or a home garden, the concentration of each pollutant in the sewage sludge may not exceed the concentration for the pollutant in Table 3.

   (4)  If sewage sludge is sold, given away or otherwise distributed, in a bag or other container for application to the land, the concentration of each pollutant in the sewage sludge may not exceed the concentration for the pollutant in Table 3.

 (b)  Tables.

   (1)  Ceiling concentrations.

TABLE 1—CEILING CONCENTRATIONS

	Ceiling
	Concentration
Pollutant	(Milligrams per Kilogram)1
Arsenic	75
Cadmium	85
Copper	4,300
Lead	840
Mercury	57
Molybdenum	75
Nickel	420
PCBs	8.6
Selenium	100
Zinc	7,500
1 Dry weight basis

   (2)  Cumulative pollutant loading rates.

TABLE 2—CUMULATIVE POLLUTANT LOADING RATES

	Cumulative
	Pollutant
	Loading Rate
	(Kilograms per	English Units
Pollutant	Hectare)	(Pounds per Acre)
Arsenic	41	36
Cadmium	39	34
Copper	1,500	1,320
Lead	300	264
Mercury	17	15
Nickel	420	370
Selenium	100	88
Zinc	2,800	2,464

   (3)  Pollutant concentrations.

TABLE 3—POLLUTANT CONCENTRATIONS

	Monthly Average
	Concentrations
	(Milligrams per
Pollutant	Kilogram)1
Arsenic	41
Cadmium	39
Copper	1,500
Lead	300
Mercury	17
Nickel	420
PCBs	4
Selenium	100
Zinc	2,800
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.

 (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 and the cumulative pollutant loading 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.

   The provisions of this §  271.915 adopted January 24, 1997, effective May 27, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226075) to (226078).

 (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) 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.

 (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 in §  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.

 (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, of 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) is met.

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

 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.

 (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 are 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.

 (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.

 (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.

   This section cited in 25 Pa. Code §  271.821 (relating to application for general permit); 25 Pa. Code §  271.911 (relating to special requirements); 25 Pa. Code §  271.916 (relating to operational standards—pathogens and vector attraction reduction); 25 Pa. Code §  271.917 (relating to frequency of monitoring); 25 Pa. Code §  271.918 (relating to recordkeeping); 25 Pa. Code §  271.931 (relating to special definitions); 25 Pa. Code §  271.932 (relating to pathogens); and 25 Pa. Code §  273.513 (relating to sewage sludge).

APPENDIX A

PATHOGEN TREATMENT PROCESSES

 A. Processes to significantly reduce pathogens (PSRP)

   1. Aerobic Digestion—Sewage sludge is agitated with air or oxygen to maintain aerobic conditions for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 40 days at 68°F (or 20°C) and 60 days at 59°F (or 15°C).

   2. Air Drying—Sewage sludge is dried on sand beds or on paved or unpaved basins. The sewage sludge dries for a minimum of 3 months. During 2 of the 3 months, the ambient average daily temperature is above 32°F (or 0°C).

   3. Anaerobic Digestion—Sewage sludge is treated in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 15 days at 95° to 131°F (or 35° to 55°C) and 60 days at 68°F (or 20°C).

   4. Composting—Using either the within-vessel, static aerated pile, or windrow composting methods, the temperature of the sewage sludge is raised to 104°F (or 40°C) or higher and remains at 104°F (or 40°C) or higher for 5 days. For 4 hours during the 5 days, the temperature in the compost pile exceeds 131°F (or 55°C).

   5. Lime Stabilization—Sufficient lime is added to the sewage sludge to raise the pH of the sewage sludge to 12 after 2 hours of contact.

 B. Processes to further reduce pathogens (PFRP)

   1. Composting—Using either the within-vessel composting method or the static aerated pile composting method, the temperature of the sewage sludge is maintained at 131°F (or 55°C) or higher for 3 days.

   Using the windrow composting method, the temperature of the sewage sludge is maintained at 131°F (or 55°C) or higher for 15 days or longer. During the period when the compost is maintained at 131°F (or 55°C) or higher, there shall be a minimum of five turnings of the windrow.

   2. Heat Drying—Sewage sludge is dried by direct or indirect contact with hot gases to reduce the moisture content of the sewage sludge to 10% or lower. Either the temperature of the sewage sludge particles exceeds 176°F (or 80°C) or the wet bulb temperature of the gas in contact with the sewage sludge as the sewage sludge leaves the dryer exceeds 176°F (or 80°C).

   3. Heat Treatment—Liquid sewage sludge is heated to a temperature of 356°F (or 180°C) or higher for 30 minutes.

   4. Thermophilic Aerobic Digestion—Liquid sewage sludge is agitated with air or oxygen to maintain aerobic conditions and the mean cell residence time of the sewage sludge is 10 days at 131° to 140°F (or 55° to 60°C).

   5. Beta Ray Irradiation—Sewage sludge is irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (CA. 68°F or 20°C).

   6. Gamma Ray Irradiation—Sewage sludge is irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137, at room temperature (CA. 68°F or 20°C).

   7. Pasteurization—The temperature of the sewage sludge is maintained at 158°F (or 70°C) or higher for 30 minutes or longer.

   The provisions of this Appendix A adopted January 24, 1997, effective January 25, 1997, 27 Pa.B. 521.

   This appendix cited in 25 Pa. Code §  273.513 (relating to sewage sludge).