ADEQ has published the Notice of Proposed Rulemaking  for the Arizona Pollutant Discharge Elimination System – Disposal, Use, and Transportation of Biosolids (18 A.A.C.  9, Article 10). The Notice of Proposed Rulemaking is available here: http://www.azdeq.gov/function/laws/draft.html#water”

 ADEQ’s Biosolids/Sewage Sludge Management Program implements Section 405 of the Clean Water Act (33 U.S.C. 1345), A.R.S. § 49-255.03 and 18 A.A.C. 9, Article 10. ADEQ’s biosolids rules require that any person applying, generating or transporting biosolids/sewage sludge in Arizona must register that activity. The rules are self-implementing by the person who uses, transports, applies biosolids to land, or places biosolids on a surface disposal site. Incineration of biosolids has been prohibited under R18-9-1002(G), since 2001. ADEQ is proposing to repeal the prohibition on incineration of biosolids, thereby allowing incineration as a means of disposal.

 As a federally-delegated program, ADEQ’s laws, rules, and program must comply with the U.S. Environmental Protection Agency’s (EPA) requirements. EPA’s rules on biosolids are in 40 CFR, Part 503 and include Subpart E on Incineration. With the repeal on the prohibition of incineration, ADEQ proposes to incorporate by reference Subpart E of the federal rules in order to properly regulate biosolids incinerators. An owner of an incinerator would have to comply with both Clean Water Act and Clean Air Act requirements, but the Clean Air Act rules are much more extensive and contain more restrictions.