| (a) This chapter does not authorize processes used
to treat domestic sewage or for processes used to treat sewage sludge
or domestic septage prior to final use or disposal, except as provided
in §312.82 and §312.83 of this title (relating to Pathogen
Reduction and Vector Attraction Reduction).
(b) This chapter does not require the selection of
a method of use or disposal for sewage sludge, biosolids, or domestic
septage. The determination of the way sewage sludge, biosolids, or
domestic septage is used or disposed is a local determination.
(c) This chapter does not authorize sewage sludge or
biosolids co-fired in an incinerator with other wastes or for the
incinerator in which sewage sludge or biosolids and other wastes are
co-fired. Other wastes do not include auxiliary fuel, as defined in
40 Code of Federal Regulations (CFR) §503.41(b), fired in an
incinerator.
(d) This chapter does not authorize the use and disposal
of sewage sludge generated at an industrial facility, unless the sewage
sludge is of a domestic origin and the sewage sludge is generated
from the treatment of domestic sewage. If a process at an industrial
facility that primarily treats industrial wastewater combines domestic
sewage with any type of industrial solid waste, any resulting sewage
sludge, process waste, or wastewater generated at the industrial facility
will be considered to be industrial solid waste and must be processed,
stored, or disposed of in accordance with the applicable requirements
of Chapter 335 of this title (relating to Industrial Solid Waste and
Municipal Hazardous Waste). If a facility that primarily treats domestic
wastewater combines domestic sewage with any type of industrial solid
waste, any resulting sewage sludge, process waste, or wastewater generated
at the facility will be considered to be domestic sewage sludge and
must be processed, stored, or disposed of in accordance with the applicable
requirements of this chapter.
(e) This chapter does not authorize the use or disposal
of sewage sludge or other wastes determined to be a hazardous waste,
as defined in §335.1 of this title (relating to Definitions)
or as determined in accordance with 40 CFR Part 261 as amended through
February 22, 2019 (84 FR 5816).
(f) This chapter does not authorize the use or disposal
of sewage sludge, biosolids, or water treatment residuals with a concentration
of polychlorinated biphenyls equal to or greater than 50 milligrams
per kilogram of total solids (dry weight basis).
(g) This chapter does not authorize the use or disposal
of ash generated during the firing of sewage sludge or biosolids in
an incinerator.
(h) This chapter does not authorize the storage of
sewage sludge, biosolids, domestic septage, grease trap waste, chemical
toilet waste, or grit trap waste, except as provided for in §312.50
of this title (relating to Storage and Staging of Biosolids and Domestic
Septage) and §312.147 of this title (relating to Temporary Storage).
(i) This chapter does not authorize the processing,
use, or disposal of grease trap waste, grit trap waste, chemical toilet
waste, grit (e.g., sand, gravel, cinders, or other materials with
a high specific gravity), screenings (e.g., relatively large materials
such as rags), or other wastes generated during preliminary treatment
of domestic sewage in a treatment works.
(j) This chapter does not authorize the use or disposal
of industrial septage or a mixture of domestic septage and industrial
septage.
(k) This chapter does not apply to wastes resulting
from activities associated with the exploration, development, and
production of oil or gas or geothermal resources, as defined in §335.1
of this title, except for domestic septage or sewage sludge which
may be collected at facilities where such activities occur, that is
not mixed in any manner with other oil, gas, or geothermal wastes.
(l) Experimental use shall be excluded from the requirements
of this chapter, provided the following conditions are met at the
time the sewage sludge or biosolids are placed on a land application
unit or reclamation site:
(1) the metal concentrations established in §312.43(b)(3)
(Table 3) of this title (relating to Metal Limits) shall be met;
(2) one of the vector attraction reduction alternatives
in §312.83(b)(1) - (11) of this title shall be met;
(3) the pathogen reduction compliance requirements
established in §312.82(a) or (b) of this title shall be met;
(4) the applicant shall receive written approval from
the executive director prior to commencement of operations for the
experimental project; and
(5) the applicant shall submit to the executive director
the aims and goals of the project and any other additional information
the executive director believes necessary to establish the experimental
nature of the project.
(m) This chapter does not authorize the land application
of processed or unprocessed chemical toilet waste, grease trap waste,
grit trap waste, milk solids, or similar non-hazardous municipal or
industrial solid wastes, or any of the wastes listed combined with
biosolids, sewage sludge, domestic septage, or water treatment residuals,unless
the grease trap waste is added at a fats, oil, and grease receiving
facility as part of an anaerobic digestion process.
(n) This chapter does not allow for the registration
of sewage sludge, biosolids, or domestic septage processing operations
or facilities. Such facilities or operations are required to obtain
a permit.
(o) This chapter does not authorize sewage sludge,
biosolids, or domestic septage processing operations unless the processing
occurs at a treatment works. Processing operations that are not located
at a treatment works must be authorized under Chapter 330 of this
title (relating to Municipal Solid Waste) or Chapter 332 of this title
(relating to Composting). The final use and disposal of materials
processed at an authorized processing facility may be authorized in
accordance with this chapter. Processing permits that were issued
on or prior to the effective date of the amendments to this chapter
are to continue under the rule requirements as they existed immediately
prior to the effective date of the amendments.
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