Federal Rules Governing the National Pretreatment Program
In the United States, the management of biosolids, which are treated sewage sludge, is primarily governed by two key sets of regulations: the Resource Conservation and Recovery Act (RCRA) and the EPA's 40 CFR Part 503.
RCRA, enacted in 1976, focuses on the proper management of hazardous waste, including treatment, storage, and disposal to prevent environmental contamination. Biosolids may fall under RCRA if they contain hazardous substances, such as certain PFAS chemicals, which are increasingly being regulated as hazardous under RCRA rules.
Currently, many states require biosolids to be tested for PFAS before disposal due to the potential presence of these chemicals in biosolids. In February 2024, the EPA proposed designating nine PFAS as hazardous constituents under RCRA, which could impact how biosolids containing these chemicals are managed and disposed of in landfills regulated under RCRA.
The federal standard specifically governing biosolids treatment and disposal is EPA’s 40 CFR Part 503, which sets safety standards and guidelines for land application, surface disposal, and incineration of biosolids to protect public health and the environment. This regulation is often adopted by states and addresses pathogen reduction, vector attraction reduction, and pollutant limits—factors critical to biosolids reuse or disposal.
As the EPA strengthens regulations on PFAS and integrates those chemicals into RCRA hazardous waste definitions, biosolids containing PFAS may increasingly be regulated under RCRA hazardous waste provisions, impacting treatment and disposal practices such as landfill acceptance criteria and testing requirements.
Biosolids themselves are mainly regulated under EPA’s 40 CFR Part 503, whereas RCRA regulates the hazardous waste aspects of biosolids if they contain hazardous substances, particularly emerging contaminants like PFAS. Recent EPA actions on PFAS under RCRA may significantly influence biosolids management in the near future.
Certain laws can apply to the National Pollutant Discharge Elimination System (NPDES) program and affect the national pretreatment program, as discussed in the regulations at 40 CFR Part 122.49. Industries and municipalities must use approved analytical methods to analyze wastewater, drinking water, sediment, and other environmental samples as per regulations in 40 CFR Part 403.12 and 40 CFR Part 136.
The Occupational Safety and Health Administration (OSHA) establishes permissible exposure limits to certain substances to protect worker health, as stated in the federal regulations at 29 CFR Part 1910.1000. The EPA updates the list of approved analytical methods in 40 CFR Part 136 via the Methods Update Rule.
The EPA has a ban on sewering pharmaceuticals, as stated in the 2019 RCRA regulation, which prohibits healthcare facilities and reverse distributors from disposing of their hazardous waste pharmaceuticals down the drain. The general pretreatment regulations, 40 CFR Part 403, establish standards and mechanisms for controlling pollutants that might pass through or interfere with publicly owned treatment works (POTW) treatment processes or contaminate sewage sludge.
To access the Code of Federal Regulations since 1994, visit the Government Printing Office site. There are separate fact sheets for a general audience and Publicly Owned Treatment Works (POTWs) regarding the responsibilities of implementing the 2019 RCRA regulation on sewering pharmaceuticals.
References: 1. EPA (2024). Proposed Designation of Certain PFAS as Hazardous Substances under RCRA. Retrieved from https://www.epa.gov/pfas/proposed-designation-certain-pfas-hazardous-substances-under-rcra 2. EPA (2021). Biosolids: Regulations and Compliance. Retrieved from https://www.epa.gov/waste/biosolids-regulations-and-compliance 3. EPA (2021). Pretreatment Standards for Sewage Sludge. Retrieved from https://www.epa.gov/npdes/pretreatment-standards-sewage-sludge 4. EPA (2021). RCRA: Resource Conservation and Recovery Act. Retrieved from https://www.epa.gov/rcra 5. Utah Department of Environmental Quality (2021). 503 Biosolids Regulations. Retrieved from https://deq.utah.gov/waste-management/solid-waste/biosolids/503-biosolids-regulations
- The proper management of hazardous substances, such as certain PFAS chemicals, in biosolids is vital to prevent environmental contamination, as regulations like the Resource Conservation and Recovery Act (RCRA) address.
- States often require biosolids to be tested for PFAS chemicals before disposal due to their potential presence in biosolids, given the increasing regulation of these chemicals under RCRA rules.
- As the Environmental Protection Agency (EPA) strengthens regulations on PFAS and integrates them into RCRA hazardous waste definitions, it may significantly impact biosolids management and the treatment and disposal practices associated with these chemicals.
- Biosolids are primarily regulated under EPA’s 40 CFR Part 503 for land application, surface disposal, and incineration, but the hazardous waste aspects of biosolids are governed by RCRA when they contain hazardous substances such as PFAS.
