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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.1.1.3.1.1.1 | 10 | Energy | II | E | 503 | A | Subpart A—General Prohibition | § 503.1 Purpose and scope. | DOE | [54 FR 52893, Dec. 22, 1989] | This subpart sets forth the statutory prohibition imposed by the Act upon new powerplants. The prohibition in the subpart applies to all new baseload electric powerplants unless an exemption has been granted by OFE under subparts C and D of this part. Any person who owns, controls, rents, leases or operates a new powerplant that is subject to the prohibition may be subject to sanctions provided by the Act or these regulations. | ||||
| 10:10:5.0.1.1.3.1.1.2 | 10 | Energy | II | E | 503 | A | Subpart A—General Prohibition | § 503.2 Prohibition. | DOE | [54 FR 52893, Dec. 22, 1989] | Section 201 of the Act prohibits, unless an exemption has been granted under subpart C or D of this part, any new electric powerplant from being constructed or operated as a baseload powerplant without the capability to use coal or another alternate fuel as a primary energy source. | ||||
| 10:10:5.0.1.1.3.1.1.3 | 10 | Energy | II | E | 503 | A | Subpart A—General Prohibition | § 503.3 [Reserved] | DOE | ||||||
| 10:10:5.0.1.1.3.2.1.1 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.4 Purpose and scope. | DOE | This subpart establishes the general requirements necessary to qualify for either a temporary or permanent exemption under this part and sets out the methodology for calculating the cost of using an alternate fuel and the cost of using imported petroleum. | |||||
| 10:10:5.0.1.1.3.2.1.10 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.13 Environmental impact analysis. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 47 FR 15315, Apr. 9, 1982; 51 FR 18866, May 22, 1986; 52 FR 658, Jan. 7, 1987; 54 FR 52894, Dec. 22, 1989] | In order to enable OFE to comply with NEPA, a petitioner must include the information indicated in this section if a permanent exemption is requested. Material which has been prepared pursuant to any Federal, State or local requirement for environmental information for this unit or site may be incorporated by reference and appended to the petition. Guidelines issued by OFE for environmental reports should be used in preparing this analysis (44 FR 63740, November 5, 1979). These guidelines, which are also available in the OFE public document room, have been designed to insure that environmental reports follow the format prescribed by Council on Environmental Quality final regulations implementing NEPA. The guidelines are subject to discussion at a prepetition conference and to modification according to the facts of a particular case. (a) All petitions for permanent exemptions must contain the following information: (1) A description of the facility, including site location, and surroundings, alternative site(s), the facility's current proposed operations, its fuel capability, and its pollution abatement systems and equipment (including those systems and equipment necessary for all fuel scenarios considered); (2) A description of the existing environment, including air, water, and land resources; (3) Direct and indirect environmental impacts of the proposed action including impacts of alternative fuel scenarios, and no build alternatives. (4) Regulatory requirements governing the facility, including a description of Federal, State and local requirements for air, water, noise and solid waste disposal which must be met for each fuel considered. (b) For exemptions for cogeneration, the information enumerated below is to be submitted in lieu of the information required by paragraph (a) of this section. However, submission of the following information merely establishes a rebuttable presumption that the grant or denial of the exemption would have no significant environmental impact. OFE may, in individual cases, d… | ||||
| 10:10:5.0.1.1.3.2.1.11 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.14 Fuels search. | DOE | [54 FR 52894, Dec. 22, 1989] | Prior to submitting a petition for a permanent exemption for lack of alternate fuel supply, site limitations, inadequate capital, or state or local requirements, a petitioner must examine the use of conventional solid coal as a primary energy source at the site under consideration, and at reasonable alternative sites. Where a petitioner believes that its use of such coal would be infeasible, however, and where OFE and the petitioner can reach accord, it may evaluate use of a different alternate fuel in lieu of solid coal. A petitioner of these exemptions must demonstrate for any fuel examined that he would qualify for an exemption. | ||||
| 10:10:5.0.1.1.3.2.1.2 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.5 Contents of petition. | DOE | Before OFE will accept a petition for either a temporary or permanent exemption under this part, the petition must include all of the evidence and information required in this part and part 501 of this chapter. | |||||
| 10:10:5.0.1.1.3.2.1.3 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.6 Cost calculations for new powerplants and installations. | DOE | [46 FR 59903, Dec. 7, 1981; 46 FR 63033, Dec. 30, 1981; 47 FR 15314, Apr. 9, 1982; 54 FR 52893, Dec. 22, 1989] | (a) General. (1) This calculation compares the cost of using alternate fuel to the cost of using imported petroleum. It must be performed for each alternate fuel and/or alternate site that the petitioner is required to examine. (2) The cost of using an alternate fuel as a primary energy source will be deemed to substantially exceed the cost of using imported petroleum if the difference between the cost of using alternate fuel and the cost of using imported oil is greater than zero. (3) There are two comparative cost calculations—a general cost test and a special cost test. Both take into consideration cash outlays for capital investments, annual expenses, and the effect of depreciation and taxes on cash flow. To demonstrate eligibility for a permanent exemption, a petitioner must use the procedures specified in the general cost test (paragraph (b) of this section). To demonstrate eligibility for a temporary exemption, the petitioner may apply the procedures specified in either the general cost test or the special cost test (paragraph (c) of this section). (b) Cost calculation—general cost test. (1) A petitioner may be eligible for a permanent exemption if he can demonstrate that the cost of using an alternate fuel from the first year of operation substantially exceeds the cost of using imported petroleum. Unless the best practicable cost estimates as prescribed below will not materially change during the first ten years of operation of the unit (given the best information available at the time the petition is filed), the petitioner must also demonstrate that the cost of using an alternate fuel beginning at any time within the first ten years of operation and using imported petroleum or natural gas until such time ( i.e., delayed use of alternate fuel) would substantially exceed the cost of using only imported petroleum. (2) The petitioner would only be eligible for a temporary exemption if the computed costs of delayed alternate fuel use, commencing at the start of the second through eleventh years of op… | ||||
| 10:10:5.0.1.1.3.2.1.4 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.7 State approval—general requirement for new powerplants. | DOE | (a) Where approvals by the appropriate State regulatory authority are required prior to the construction or use of a new powerplant, a petition for an exemption for consideration by OFE may be submitted to OFE prior to obtaining such approvals from the State regulatory authority. (b) An exemption granted for a powerplant shall not become effective until an adequate demonstration has been made to OFE that all applicable approvals required by the State regulatory authorities have been obtained. | |||||
| 10:10:5.0.1.1.3.2.1.5 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.8 No alternate power supply—general requirement for certain exemptions for new powerplants. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 47 FR 15314, Apr. 9, 1982; 54 FR 52894, Dec. 22, 1989] | (a) Application. To qualify for an exemption, except in the case of an exemption for cogeneration units, section 213(c) of the Act requires a demonstration that, despite reasonable good faith efforts, there is no alternative supply of electric power available within a reasonable distance at a reasonable cost without impairing short-run or long-run reliability of service. If a petitioner is unable to demonstrate that there is no alternate supply during the first year of operation, OFE will conclude that the absence of the proposed powerplant will not impair short-term reliability of service, and as a result will not grant the exemption. Such action would not impair long-term reliability of service, since a petition may be submitted for a powerplant that would begin operation in a subsequent year. (b) Criteria. To meet the demonstration required under paragraph (a) of this section, a petitioner must certify that: (1) A diligent effort has been made to purchase firm power for the first year of operation to cover all or part of the projected shortfall at a cost that is less than ten (10) percent above the annualized cost of generating power from the proposed plant (including the capital, operation and maintenance expenses, and fuel prices); and (2)(i) Despite these efforts, the reserve margin in the petitioner's electric region, normal dispatch area, or service area, in the absence of the proposed plant, would fall below twenty (20) percent during the first year of proposed operation; or (ii) Despite these efforts, the reserve margin will be greater than twenty (20) percent but reliability of service would be impaired. In such case, the certification must be related to factors not included in the calculation of reserve margin, such as transmission constraints. (c) Evidence. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certification required under paragraph (b) of this section; and (2) Exhibits containing the basis for the … | ||||
| 10:10:5.0.1.1.3.2.1.6 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.9 Use of mixtures—general requirement for certain permanent exemptions. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989] | (a) Criteria. To qualify for a permanent exemption, except in the case of an exemption for fuel mixtures, section 213(a)(1) of the Act requires a demonstration that the use of a mixture of natural gas and petroleum and an alternate fuel for which an exemption under 10 CFR 503.38 (Fuel mixtures) would be available, would not be economically or technically feasible. (b) Evidence. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications to the criteria set forth in paragraph (a) of this section; and (2) Exhibits containing the basis for the certifications submitted under this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support its certifications to this general requirement.) In meeting this general requirement, OFE will require a petitioner to examine only mixtures of oil and coal and natural gas and coal, or, where petitioner wishes to examine an additional or substitute mixture, such other alternate fuels as OFE and the petitioner agree are reasonable to petitioner's circumstances. | ||||
| 10:10:5.0.1.1.3.2.1.7 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.10 Use of fluidized bed combustion not feasible—general requirement for permanent exemptions. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989] | (a) OFE finding. Except in the case of an exemption for fuel mixtures, OFE may deny permanent exemptions authorized under section 212 of the Act if OFE finds on a site-specific or generic basis that use of a method of fluidized bed combustion of an alternate fuel is economically and technically feasible. (b) Demonstration. If OFE has made such a finding, OFE will deny a petitioner's request for exemption unless the petitioner demonstrated that the use of a method of fluidized bed combustion is not economically or technically feasible. The petition or any supplement thereto required by OFE must include the following evidence: (1) If use of a method of fluidized bed combustion were to be required, evidence that the petitioner would be eligible for a permanent exemption for lack of alternate fuel supply, site limitations, environmental requirements, lack of adequate capital, or State or local requirements; or (2) Use of a method of fluidized bed combustion is not technically or economically feasible due to design or special circumstances. | ||||
| 10:10:5.0.1.1.3.2.1.8 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.11 Alternative sites—general requirement for permanent exemptions for new powerplants. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989] | (a) Criteria. To qualify for permanent exemption due to lack of alternate fuel supply, site limitations, environmental requirements, or inadequate capital, section 212(a) of the Act requires a demonstration that one of these exemptions would be available for any reasonable alternative site for the facility. (b) Evidence. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications to the criteria set forth in paragraph (a) of this section; and (2) Exhibits containing the basis for the certifications submitted under this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support its certifications to this general requirement). | ||||
| 10:10:5.0.1.1.3.2.1.9 | 10 | Energy | II | E | 503 | B | Subpart B—General Requirements for Exemptions | § 503.12 Terms and conditions; compliance plans. | DOE | (a) Terms and conditions generally. A petitioner must comply with any terms and conditions imposed upon the grant of an exemption petition. OFE will limit any such terms and conditions to the unit(s) which is the subject of the petition. (b) Compliance plans for temporary exemptions. (1) Any compliance plan required to accompany a petition for a temporary exemption shall include the following: (i) A detailed schedule of progressive events and the dates upon which the events are to take place, indicating how compliance with the applicable prohibitions of the Act will occur; (ii) Evidence of binding contracts for fuel, or for facilities for the production of fuel, which are required for compliance with the applicable prohibitions of the Act; (iii) A schedule indicating how any necessary permits and approvals required to burn an alternate fuel will be obtained; and (iv) Any other documentary evidence which indicates an ability to comply with the applicable prohibitions of the Act. (2) Any exemption for which a compliance plan is required shall not be effective until the compliance plan is approved by DOE. (3) If the petition is granted, an updated, duly executed plan must be submitted to OFE within one (1) month of an alteration of any milestone in the compliance plan, together with the reasons for the alteration and its impact upon the scheduling of all other milestones in the plan. | |||||
| 10:10:5.0.1.1.3.3.1.1 | 10 | Energy | II | E | 503 | C | Subpart C—Temporary Exemptions for New Facilities | § 503.20 Purpose and scope. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989] | (a) This subpart implements the provisions contained in section 211 of the Act with regard to temporary exemptions for new facilities. (b) This subpart establishes the criteria and standards which owners or operators of new powerplants who petition for a temporary exemption must meet to sustain their burden of proof under the Act. (c) All petitions for temporary exemptions shall be submitted in accordance with the procedures set out in part 501 of this chapter and the applicable requirements of part 503 of these regulations. (d) The duration of any temporary exemption granted under this subpart shall be measured from the date that the facility is placed in service using petroleum or natural gas. | ||||
| 10:10:5.0.1.1.3.3.1.2 | 10 | Energy | II | E | 503 | C | Subpart C—Temporary Exemptions for New Facilities | § 503.21 Lack of alternate fuel supply. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 47 FR 15315, Apr. 9, 1982; 54 FR 52894, Dec. 22, 1989] | (a) Eligibility. Section 211(a)(1) of the Act provides for a temporary exemption due to the unavailability of an adequate and reliable supply of an alternate fuel at a cost which does not substantially exceed the cost of using imported petroleum. To qualify, a petitioner must certify that: (1) A good faith effort has been to obtain an adequate and reliable supply of an alternate fuel of the quality necessary to conform to the design and operational requirements of the unit; (2) For the period of the proposed exemption, the cost of using such alternate fuel would substantially exceed the cost of using imported petroleum as a primary energy source as defined in § 503.6 (Cost calculation) of these regulations; (3) The petitioner will be able to comply with the applicable prohibitions of the Act at the end of the proposed exemption period; and (4) No alternate power supply exists, as required under § 503.8 of these regulations. (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); (3) All data required by § 503.6 (cost calculation) of these regulations necessary for computing the cost calculation formula; and (4) The anticipated duration of the lack of alternate fuel supply which constitutes the basis for the exemption. (c) Duration. This temporary exemption, taking into account any extensions or renewals, may not exceed 10 years. | ||||
| 10:10:5.0.1.1.3.3.1.3 | 10 | Energy | II | E | 503 | C | Subpart C—Temporary Exemptions for New Facilities | § 503.22 Site limitations. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989] | (a) Eligibility. Section 211(a)(2) of the Act provides for a temporary exemption due to a site limitation. To qualify for such an exemption, a petitioner must certify that: (1) One or more specific physical limitations relevant to the location or operation of the proposed facility exist which, despite diligent good faith efforts, cannot be overcome before the end of the proposed exemption period; (2) The petitioner will be able to comply with the applicable prohibitions of the Act at the end of the proposed exemption period; and (3) No alternate power supply exists, as required under § 503.8 of these regulations. Examples of the types of site limitations to which a petitioner may certify in order to qualify for this exemption include: (i) Inaccessability of alternate fuels as a result of a specific physical limitation; (ii) Unavailability of transportation facilities for alternate fuels; (iii) Unavailability of adequate land or facilities for handling, using, or storing an alternate fuel; (iv) Unavailability of adequate land or facilities for controlling and disposing of wastes, including pollution control equipment or devices necessary to assure compliance with applicable environmental requirements; (v) Unavailability of adequate and reliable supply of water, including water for use in compliance with applicable environmental requirements; or (vi) Other site limitations exist which will not permit the location or operation of the proposed unit using an alternate fuel. (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); and (3) The anticipated duration of the site limitation which… | ||||
| 10:10:5.0.1.1.3.3.1.4 | 10 | Energy | II | E | 503 | C | Subpart C—Temporary Exemptions for New Facilities | § 503.23 Inability to comply with applicable environmental requirements. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989] | (a) Eligibility. Section 211(a)(3) of the Act provides for a temporary exemption due to an inability to comply with applicable environmental requirements. To qualify a petitioner must demonstrate that despite diligent good faith efforts: (1) The petitioner will be unable, as of the projected date of commencement of operation, to comply with the applicable prohibitions of the Act without violating applicable Federal or State environmental requirements; and (2) The petitioner will be able to comply with the applicable prohibitions of the Act and with applicable environmental requirements by the end of the temporary exemption period. (1) For purposes of considering an exemption under this section, OFE's decision will be based solely on an analysis of the petitioner's capacity to physically achieve applicable environmental requirements. The petition should be directed toward those conditions or circumstances which make it physically impossible to comply during the temporary exemption period. The cost of compliance is not relevant, but cost-related considerations may be presented as part of a demonstration submitted under § 503.21. (2) Prior to submitting an exemption petition, it is recommended that a meeting be requested with OFE and EPA or the appropriate State or local regulatory agency to discuss options for operating an alternate fuel fired facility in compliance with applicable environmental requirements. (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Where the petitioner has applied for a construction permit from EPA or an appropriate State agency prior to petitioning for an exemption under this section, a copy of that application and synopsis of supporting documents filed with or subsequent to that application must be submitted to OFE with the petition or at the time filed with the permitting agency; (2) To the extent applicable, a copy of the EPA or State denial of the construction pe… | ||||
| 10:10:5.0.1.1.3.3.1.5 | 10 | Energy | II | E | 503 | C | Subpart C—Temporary Exemptions for New Facilities | § 503.24 Future use of synthetic fuels. | DOE | [46 FR 59903, Dec. 7, 1981; 47 FR 15315, Apr. 9, 1982; 54 FR 52894, Dec. 22, 1989] | (a) Eligibility. Section 211(b) of the Act provides for a temporary exemption based upon the future use of synthetic fuels. To qualify, a petitioner must certify that: (1) The petitioner will be able to comply with the applicable prohibitions imposed by the Act by the use of a synthetic fuel derived from coal or another alternate fuel as a primary energy source in the proposed facility by the end of the proposed exemption period; (2) The petitioner will not be able to comply with the applicable prohibitions imposed by the Act by use of a synthetic fuel until the end of the proposed exemption period; and (3) No alternate power supply exists, as required under § 503.8 of these regulations. (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); and (3) A preliminary compliance plan, including to the extent available, the information required under § 503.12. (c) Final Compliance Plan. Before an exemption may become effective, the petitioner must submit and OFE must approve a final compliance plan as required by § 503.12. (d) Duration. This temporary exemption may be granted for a period of up to ten (10) years. Unless the petitioner requests otherwise, any temporary exemption from the fuel use prohibitions of the Act for the future use of synthetic fuels will commence on the date of commercial operation of the facility. Contracts based on the anticipated successful demonstration of a development program and/or the anticipated economic feasibility of a synthetic fuels facility, will generally be sufficient to meet the “binding contract” requirements for this exemption. | ||||
| 10:10:5.0.1.1.3.3.1.6 | 10 | Energy | II | E | 503 | C | Subpart C—Temporary Exemptions for New Facilities | § 503.25 Public interest. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989] | (a) Eligibility. Section 211(c) of the Act provides for a temporary public interest exemption. To qualify, a petitioner must demonstrate that: (1) The unit will be capable of complying with the applicable prohibitions at the end of the proposed exemption period; (2) The granting of the exemption would be in accord with the purposes of the Act and would be in the public interest; and (3) No alternate power supply exists, as required under § 503.8 of these regulations. (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Substantial evidence to corroborate the eligibility requirements identified above; and (2) The anticipated duration of the circumstances which constitute the basis for the exemption. (c) Certification alternative. If the petitioner requires use of oil or natural gas in a unit, during the construction of an alternate-fuel fired unit, the petitioner may substitute, in lieu of the evidentiary requirements of paragraphs (b)(1) and (2) of this section: (1) A duly executed certification, including the requested duration of the exemption, that the unit will be operated on oil or natural gas only during the construction of an alternate fuel fired unit to be owned or operated by the petitioner; and (2) Exhibits containing the basis for the certifications required under paragraph (c)(1) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption). (d) Duration. This temporary exemption, taking into account extension and renewals, may not exceed 5 years. | ||||
| 10:10:5.0.1.1.3.4.1.1 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.30 Purpose and scope. | DOE | (a) This subpart implements the provisions contained in section 212 of the Act with regard to permanent exemptions for new facilities. (b) This subpart establishes the criteria and standards which owners or operators of new powerplants and installations who petition for a permanent exemption must meet to sustain their burden of proof under the Act. (c) All petitions for permanent exemptions for new facilities shall be submitted in accordance with the procedures set out in part 501 of this chapter and the applicable requirements of part 503 of these regulations. | |||||
| 10:10:5.0.1.1.3.4.1.10 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | §§ 503.39-503.44 [Reserved] | DOE | ||||||
| 10:10:5.0.1.1.3.4.1.2 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.31 Lack of alternate fuel supply for the first 10 years of useful life. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52895, Dec. 22, 1989] | (a) Eligibility. Section 212(a)(1)(A)(i) of the Act provides for a permanent exemption due to lack of an adequate and reliable supply of alternate fuel within the first 10 years of useful life of the proposed unit. To qualify, a petitioner must certify that: (1) A good faith effort has been made to obtain an adequate and reliable supply of an alternate fuel for use as a primary energy source of the quality and quantity necessary to conform with the design and operational requirements of the unit; (2) Such a supply is not likely to be available within the first 10 years of useful life of the proposed unit; (3) No alternate power supply exists, as required under § 503.8 of these regulations; (4) Use of mixtures is not feasible, as required under § 503.9 of these regulations; and (5) Alternative sites are not available, as required under § 503.11 of these regulations. (b) Evidence required in support of a petition. A petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); (3) Environmental impact analysis, as required under § 503.13 of these regulations; and (4) Fuels search, as required under § 503.14 of these regulations. | ||||
| 10:10:5.0.1.1.3.4.1.3 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.32 Lack of alternate fuel supply at a cost which does not substantially exceed the cost of using imported petroleum. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 47 FR 15315, Apr. 9, 1982; 54 FR 52895, Dec. 22, 1989] | (a) Eligibility. Section 212(a)(1) (A)(ii) of the Act provides for a permanent exemption due to lack of an alternate fuel supply at a cost which does not substantially exceed the cost of using imported petroleum. To qualify a petitioner must certify that: (1) A good faith effort has been made to obtain an adequate and reliable supply of an alternate fuel for use as a primary energy source of the quality and quantity necessary to conform with the design and operational requirements of the proposed unit; (2) The cost of using such a supply would substantially exceed the cost of using imported petroleum as a primary energy source during the useful life of the proposed unit as defined in § 503.6 (cost calculation) of these regulations; (3) No alternate power supply exists, as required under § 503.8 of these regulations. (4) Use of mixtures is not feasible, as required under § 503.9 of these regulations; and (5) Alternative sites are not available, as required under § 503.11 of these regulations. (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); (3) Environmental impact analysis, as required under § 503.13 of these regulations; (4) Fuels search, as required under § 503.14 of these regulations; and (5) All data required by § 503.6 (cost calculation) of these regulations necessary for computing the cost calculation formula. | ||||
| 10:10:5.0.1.1.3.4.1.4 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.33 Site limitations. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52895, Dec. 22, 1989] | (a) Eligibility. Section 212(a)(1)(B) of the Act provides for a permanent exemption due to site limitations. To qualify for such an exemption, a petitioner must certify that: (1) One or more specific physical limitations relevant to the location or operation of the proposed facility exist which, despite good faith efforts, cannot reasonably be expected to be overcome within five years after commencement of operations; (2) No alternate power supply exists, as required under § 503.8 of these regulations; (3) Use of mixtures is not feasible, as required under § 503.9 of these regulations; and (4) Alternative sites are not available, as required under § 503.11 of these regulations. Examples of the types of site limitations to which a petitioner may certify in order to qualify for this exemption include: (i) Inaccessibility of alternate fuels as a result of a specific physical limitation; (ii) Unavailability of transportation facilities for alternate fuels; (iii) Unavailability of adequate land or facilities for handling, using or storing an alternate fuel; (iv) Unavailability of adequate land or facilities for controlling and disposing of wastes, including pollution control equipment or devices necessary to assure compliance with applicable environmental requirements; (v) Unavailability of adequate and reliable supply of water, including water for use in compliance with applicable environmental requirements; or (vi) Other site limitations exist which will not permit the location or operation of the proposed unit using an alternate fuel. (b) Evidence required in support of the petition. A petitioner must include in the petition the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the grantin… | ||||
| 10:10:5.0.1.1.3.4.1.5 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.34 Inability to comply with applicable environmental requirements. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52895, Dec. 22, 1989] | (a) Eligibility. Section 212(a)(1)(C) of the Act provides for a permanent exemption due to the inability to comply with applicable environmental requirements. To qualify, a petitioner must demonstrate that despite good faith efforts: (1) The petitioner will be unable within 5 years after beginning operation, to comply with the applicable prohibitions imposed by the Act without violating applicable Federal or state environmental requirements; and (2) Reasonable alternative sites, which would permit the use of alternate fuels in compliance with applicable Federal or state environmental requirements, are not available. (1) For purposes of considering an exemption under this section, OFE's decision will be based solely on an analysis of the petitioner's capacity to physically achieve applicable environmental requirements. The cost of compliance is not relevant, but cost-related considerations may be presented as part of a demonstration submitted under § 503.32 (Lack of alternate fuel supply). (2) Prior to deciding to submit an exemption petition, it is recommended that a petitioner request a meeting with OFE and EPA or the appropriate state or local regulatory agency to discuss options for operating an alternate fuel-fired facility in compliance with the applicable environmental requirements. (b) [Reserved] (c) Evidence required in support of a petition. The petitioner must include in the petition the following evidence in order to make the demonstration required by this section: (1) Where the petitioner has applied for a construction permit from EPA or an appropriate state agency prior to petitioning for an exemption from OFE under this section, a copy of such application and a synopsis of all supporting documents filed with or subsequent to the application must be submitted to OFE with the petition or at the time filed with the permitting agency; (2) To the extent applicable, a copy of the EPA or state denial of the construction permit application; (3) To the extent applicable, a synopsis of the admini… | ||||
| 10:10:5.0.1.1.3.4.1.6 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.35 Inability to obtain adequate capital. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 47 FR 15315, Apr. 9, 1982; 54 FR 52895, Dec. 22, 1989] | (a) Eligibility. Section 212(a)(1)(D) of the Act provides for a permanent exemption due to inability to obtain adequate capital. To qualify, a petitioner must certify that: (1) Despite good faith efforts the petitioner will be unable to comply with the applicable prohibitions imposed by the Act because the additional capital required for an alternate fuel-capable unit beyond that required for the proposed unit cannot be raised; (2) The additional capital cannot be raised: (i) Due to specific restrictions (e.g., convenants on existing bonds) which constrain management's ability to raise debt or equity capital; (ii) Without a substantial dilution of shareholder equity; (iii) Without an unreasonably adverse affect on the utility's credit rating; or (iv) In the case of non-investor-owned public utilities, without jeopardizing the utility's ability to recover its capital investment, through tariffs, without unreasonably adverse economic effect on its service area (such as adverse impacts on local industry or undue hardship to ratepayers). (3) No alternative power supply exists, as required under § 503.8 of these regulations; (4) Use of mixtures is not feasible, as required under § 503.9 of these regulations; and (5) Alternative sites are not available, as required under § 503.11 of these regulations. (b) Evidence required in support of a petition. A petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); (3) Environmental impact analysis, as required under § 503.13 of these regulations; and (4) Fuels search, as required under § 503.14 of these regulations. | ||||
| 10:10:5.0.1.1.3.4.1.7 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.36 State or local requirements. | DOE | [46 FR 59903, Dec. 7, 1981; 46 FR 63033, Dec. 30, 1981, as amended at 54 FR 52895, Dec. 22, 1989] | (a) Eligibility. Section 212(b) of the Act provides for an exemption due to certain State or local requirements. To qualify a petitioner must certify that: (1) With respect to the proposed site of the unit, the operation or construction of the new unit using an alternate fuel is infeasible because of a State of local requirement other than a building code, nuisance, or zoning law; (2) The petitioner has made a good faith effort to obtain a variance from the State or local requirement but has been unable to do so or has demonstrated why none is available; (3) The granting of the exemption would be in the public interest and would be consistent with the purposes of the Act; (4) The petitioner is not entitled to an exemption for lack of alternate fuel supply, site limitation, environmental requirements, or inability to obtain adequate capital at the site of the proposed powerplant or at any reasonable alternative site for the alternate fuel(s) considered; (5) At the proposed site and every reasonable alternative site where the petitioner is not entitled to an exemption for lack of alternate fuel supply, site limitation, environmental requirements, or inability to obtain adequate capital, the petitioner nevertheless would be barred at each such proposed or alternate site from burning an alternate fuel by reason of a State or local requirement; (6) No alternate power supply exists, as required under § 503.8 of these regulations; and (7) Use of mixtures is not feasible, as required under § 503.9 of these regulations. (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); (3) Environmental imp… | ||||
| 10:10:5.0.1.1.3.4.1.8 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.37 Cogeneration. | DOE | [54 FR 52895, Dec. 22, 1989] | The following table may be used to determine eligibility for a permanent exemption based on oil and natural gas savings. Average Annual Utilization of Oil and Natural Gas for Electricity Generation by State [BTU's per KWHR sold] Data are based upon 1987 oil, natural gas and electricity statistics published by DOE's Energy Information Administration. | ||||
| 10:10:5.0.1.1.3.4.1.9 | 10 | Energy | II | E | 503 | D | Subpart D—Permanent Exemptions for New Facilities | § 503.38 Permanent exemption for certain fuel mixtures containing natural gas or petroleum. | DOE | [46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52896, Dec. 22, 1989] | (a) Eligibility. Section 212(d) of the Act provides for a permanent exemption for certain fuel mixtures. To qualify a petitioner must certify that: (1) The petitioner proposes to use a mixture of natural gas or petroleum and an alternate fuel as a primary energy source; (2) The amount of petroleum or natural gas proposed to be used in the mixture will not exceed the minimum percentage of the total annual Btu heat input of the primary energy sources needed to maintain operational reliability of the unit consistent with maintaining a reasonable level of fuel efficiency; and (3) No alternate power supply exists, as required under § 503.8 of these regulations. (b) Evidence required in support of a petition. The petition must include the following evidence in order to make the demonstration required by this section: (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); (3) A description of the fuel mixture, including component fuels and the percentage of each such fuel to be used; and (4) Environmental impact analysis as required under § 503.13 of these regulations. (c) Solar mixtures. OFE will grant a permanent mixtures exemption for the use of a mixture of solar energy (including wind, tide, and other intermittent sources) and petroleum or natural gas, where: (1) Solar energy will account for at least 20 percent of the total annual Btu heat input, of the primary energy sources of the unit; and (2) Petitioner meets the eligibility and evidentiary requirements of paragraphs (a) and (c) of this section. | ||||
| 28:28:2.0.3.1.3.0.119.1 | 28 | Judicial Administration | V | A | 503 | PART 503—BUREAU OF PRISONS CENTRAL OFFICE, REGIONAL OFFICES, INSTITUTIONS AND STAFF TRAINING CENTERS | § 503.1 Structure of the Bureau of Prisons. | BOP | The Bureau of Prisons consists of a Central Office, located at 320 First Street, NW., Washington, DC 20534, a Staff Training Center, and six Regional Offices (Northeast, Mid-Atlantic, Southeast, North Central, South Central, and Western). For further information, please contact the Central Office at the address referenced, or visit www.bop.gov for a complete list of contact information for Bureau Regional Offices and facilities. | ||||||
| 29:29:3.1.1.1.4.1.82.1 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.0 Introduction. | DOL-WHD | The regulations in this part cover the enforcement of all statutory and regulatory obligations, including requirements under 8 U.S.C. 1184(c), section 214(c) of the INA and 20 CFR part 655, subpart A, applicable to the employment of H-2B workers in nonimmigrant status under the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(H)(ii)(b), section 101(a)(15)(H)(ii)(b) of the INA, and workers in corresponding employment, including obligations to offer employment to eligible United States (U.S.) workers and to not lay off or displace U.S. workers in a manner prohibited by the regulations in this part or 20 CFR part 655, subpart A. | ||||
| 29:29:3.1.1.1.4.1.82.2 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.1 Scope and purpose. | DOL-WHD | (a) Consultation standard. Section 214(c)(1) of the INA, 8 U.S.C. 1184(c)(1), requires the Secretary of Homeland Security to consult with appropriate agencies before authorizing the classification of aliens as H-2B workers. Department of Homeland Security (DHS) regulations at 8 CFR 214.2(h)(6)(iii)(D) recognize the Secretary of Labor as the appropriate authority with whom DHS consults regarding the H-2B program, and recognize the Secretary of Labor's authority in carrying out the Secretary of Labor's consultative function to issue regulations regarding the issuance of temporary labor certifications. DHS regulations at 8 CFR 214.2(h)(6)(iv) provide that an employer's petition to employ nonimmigrant workers on H-2B visas for temporary non-agricultural employment in the United States (U.S.), except for Guam, must be accompanied by an approved temporary labor certification from the Secretary of Labor. The temporary labor certification reflects a determination by the Secretary that: (1) There are not sufficient U.S. workers who are qualified and who will be available to perform the temporary services or labor for which an employer desires to hire foreign workers; and (2) The employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers similarly employed. (b) Role of the Employment and Training Administration (ETA). The issuance and denial of labor certifications for purposes of satisfying the consultation requirement in 8 U.S.C. 1184(c), INA section 214(c), has been delegated by the Secretary to ETA, an agency within the U.S. Department of Labor (DOL), which in turn has delegated that authority to the Office of Foreign Labor Certification (OFLC). In general, matters concerning the obligations of an H-2B employer related to the temporary labor certification process are administered by OFLC, including obligations and assurances made by employers, overseeing employer recruitment, and assuring program integrity. The regulations pertaining to the issuance, denial, and r… | ||||
| 29:29:3.1.1.1.4.1.82.3 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.2 Territory of Guam. | DOL-WHD | This part does not apply to temporary employment in the Territory of Guam. The Department of Labor does not certify to DHS the temporary employment of nonimmigrant foreign workers or enforce compliance with the provisions of the H-2B visa program in the Territory of Guam. | ||||
| 29:29:3.1.1.1.4.1.82.4 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.3 Coordination among Governmental agencies. | DOL-WHD | (a) Complaints received by ETA or any State Workforce Agency (SWA) regarding noncompliance with H-2B statutory or regulatory labor standards will be immediately forwarded to the appropriate WHD office for suitable action under the regulations in this part. (b) Information received in the course of processing registrations and applications, program integrity measures, or enforcement actions may be shared between OFLC and WHD or, where applicable to employer enforcement under the H-2B program, may be forwarded to other agencies as appropriate, including the Department of State (DOS) and DHS. (c) A specific violation for which debarment is sought will be cited in a single debarment proceeding. OFLC and the WHD will coordinate their activities to achieve this result. Copies of final debarment decisions will be forwarded to DHS promptly. | ||||
| 29:29:3.1.1.1.4.1.82.5 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.4 Definition of terms. | DOL-WHD | For purposes of this part: Act means the Immigration and Nationality Act or INA, as amended, 8 U.S.C. 1101 et seq. Administrative Law Judge (ALJ) means a person within the Department's Office of Administrative Law Judges appointed under 5 U.S.C. 3105. Administrator, Office of Foreign Labor Certification (OFLC) means the primary official of the Office of Foreign Labor Certification, ETA, or the Administrator's designee. Administrator, Wage and Hour Division (WHD) means the primary official of the WHD, or the Administrator's designee. Agent means: (1) A legal entity or person who: (i) Is authorized to act on behalf of an employer for temporary nonagricultural labor certification purposes; (ii) Is not itself an employer, or a joint employer, as defined in this part with respect to a specific application; and (iii) Is not an association or other organization of employers. (2) No agent who is under suspension, debarment, expulsion, disbarment, or otherwise restricted from practice before any court, the Department of Labor, the Executive Office for Immigration Review under 8 CFR 1003.101, or DHS under 8 CFR 292.3 may represent an employer under this part. Agricultural labor or services means those duties and occupations defined in 20 CFR part 655, subpart B. Applicant means a U.S. worker who is applying for a job opportunity for which an employer has filed an Application for Temporary Employment Certification (ETA Form 9142B and the appropriate appendices). Application for Temporary Employment Certification means the Office of Management and Budget (OMB)-approved ETA Form 9142B and the appropriate appendices, a valid wage determination, as required by 20 CFR 655.10, and a subsequently-filed U.S. worker recruitment report, submitted by an employer to secure a temporary labor certification determination from DOL. Area of intended employment means the geographic area within normal commuting distance of the place (worksite address) of the job opportunity for which the certification is sought. Ther… | ||||
| 29:29:3.1.1.1.4.1.82.6 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.5 Temporary need. | DOL-WHD | (a) An employer seeking certification under 20 CFR part 655, subpart A, must establish that its need for non-agricultural services or labor is temporary, regardless of whether the underlying job is permanent or temporary. (b) The employer's need is considered temporary if justified to the CO as one of the following: A one-time occurrence; a seasonal need; a peakload need; or an intermittent need, as defined by DHS regulations. | ||||
| 29:29:3.1.1.1.4.1.82.7 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.6 Waiver of rights prohibited. | DOL-WHD | A person may not seek to have an H-2B worker, a worker in corresponding employment, or any other person, including but not limited to a U.S. worker improperly rejected for employment or improperly laid off or displaced, waive or modify any rights conferred under 8 U.S.C. 1184(c), INA section 214(c), 20 CFR part 655, subpart A, or the regulations in this part. Any agreement by an employee purporting to waive or modify any rights given to said person under these provisions will be void as contrary to public policy except as follows: (a) Waivers or modifications of rights or obligations hereunder in favor of the Secretary will be valid for purposes of enforcement; and (b) Agreements in settlement of private litigation are permitted. | ||||
| 29:29:3.1.1.1.4.1.82.8 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.7 Investigation authority of Secretary. | DOL-WHD | (a) Authority of the Administrator, WHD. The Secretary of Homeland Security has delegated to the Secretary, under 8 U.S.C. 1184(c)(14)(B), INA section 214(c)(14)(B), authority to perform investigative and enforcement functions. Within the Department of Labor, the Administrator, WHD will perform all such functions. (b) Conduct of investigations. The Secretary, through the WHD, may investigate to determine compliance with obligations under 8 U.S.C. 1184(c), INA section 214(c), 20 CFR part 655, subpart A, or the regulations in this part, either under a complaint or otherwise, as may be appropriate. In connection with such an investigation, WHD may enter and inspect any premises, land, property, worksite, vehicles, structure, facility, place and records (and make transcriptions, photographs, scans, videos, photocopies, or use any other means to record the content of the records or preserve images of places or objects), question any person, or gather any information, in whatever form, as may be appropriate. (c) Confidential investigation. The WHD will conduct investigations in a manner that protects the confidentiality of any complainant or other person who provides information to the Secretary in good faith. (d) Report of violations. Any person may report a violation of the obligations imposed by 8 U.S.C. 1184(c), INA section 214(c), 20 CFR part 655, subpart A, or the regulations in this part to the Secretary by advising any local office of the SWA, ETA, WHD or any other authorized representative of the Secretary. The office or person receiving such a report will refer it to the appropriate office of WHD for the geographic area in which the reported violation is alleged to have occurred. | ||||
| 29:29:3.1.1.1.4.1.82.9 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | A | Subpart A—General Provisions | § 503.8 Accuracy of information, statements, data. | DOL-WHD | Information, statements, and data submitted in compliance with 8 U.S.C. 1184(c), INA section 214(c), or the regulations in this part are subject to 18 U.S.C. 1001, which provides, with regard to statements or entries generally, that whoever, in any matter within the jurisdiction of any department or agency of the U.S., knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, will be fined not more than $250,000 or imprisoned not more than 5 years, or both. | ||||
| 29:29:3.1.1.1.4.2.82.1 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.15 Enforcement. | DOL-WHD | The investigation, inspection, and law enforcement functions that carry out the provisions of 8 U.S.C. 1184(c), INA section 214(c), 20 CFR part 655, subpart A, or the regulations in this part pertain to the employment of any H-2B worker, any worker in corresponding employment, or any U.S. worker improperly rejected for employment or improperly laid off or displaced. | ||||
| 29:29:3.1.1.1.4.2.82.10 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.24 Debarment. | DOL-WHD | (a) Debarment of an employer. The Administrator, OFLC may not issue future labor certifications under 20 CFR part 655, subpart A to an employer or any successor in interest to that employer, subject to the time limits set forth in paragraph (c) of this section, if the Administrator, WHD finds that the employer committed a violation that meets the standards of § 503.19. Where these standards are met, debarrable violations would include but not be limited to one or more acts of commission or omission which involve: (1) Failure to pay or provide the required wages, benefits, or working conditions to the employer's H-2B workers and/or workers in corresponding employment; (2) Failure, except for lawful, job-related reasons, to offer employment to qualified U.S. workers who applied for the job opportunity for which certification was sought; (3) Failure to comply with the employer's obligations to recruit U.S. workers; (4) Improper layoff or displacement of U.S. workers or workers in corresponding employment; (5) Failure to comply with one or more sanctions or remedies imposed by the Administrator, WHD for violation(s) of obligations under the job order or other H-2B obligations, or with one or more decisions or orders of the Secretary or a court under 20 CFR part 655, subpart A or this part; (6) Impeding an investigation of an employer under this part; (7) Employing an H-2B worker outside the area of intended employment, in an activity/activities not listed in the job order, or outside the validity period of employment of the job order, including any approved extension thereof; (8) A violation of the requirements of § 503.16(o) or (p); (9) A violation of any of the provisions listed in § 503.16(r); (10) Any other act showing such flagrant disregard for the law that future compliance with program requirements cannot reasonably be expected; (11) Fraud involving the H-2B Registration, Application for Prevailing Wage Determination, Application for Temporary Employment Certification, or H-2B Petition; or (… | ||||
| 29:29:3.1.1.1.4.2.82.11 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.25 Failure to cooperate with investigators. | DOL-WHD | (a) No person will interfere or refuse to cooperate with any employee of the Secretary who is exercising or attempting to exercise the Department's investigative or enforcement authority under 8 U.S.C. 1184(c). Federal statutes prohibiting persons from interfering with a Federal officer in the course of official duties are found at 18 U.S.C. 111 and 18 U.S.C. 114. (b) Where an employer (or employer's agent or attorney) interferes or does not cooperate with an investigation concerning the employment of an H-2B worker or a worker in corresponding employment, or a U.S. worker who has been improperly rejected for employment or improperly laid off or displaced, WHD may make such information available to OFLC and may recommend that OFLC revoke the existing certification that is the basis for the employment of the H-2B workers giving rise to the investigation. In addition, WHD may take such action as appropriate where the failure to cooperate meets the standards in § 503.19, including initiating proceedings for the debarment of the employer from future certification for up to 5 years, and/or assessing civil money penalties against any person who has failed to cooperate with a WHD investigation. The taking of any one action will not bar the taking of any additional action. | ||||
| 29:29:3.1.1.1.4.2.82.12 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.26 Civil money penalties—payment and collection. | DOL-WHD | Where a civil money penalty is assessed in a final order by the Administrator, WHD, by an ALJ, or by the ARB, the amount of the penalty must be received by the Administrator, WHD within 30 calendar days of the date of the final order. The person assessed the penalty will remit the amount ordered to the Administrator, WHD by certified check or by money order, made payable to the Wage and Hour Division, United States Department of Labor. The remittance will be delivered or mailed to the WHD Regional Office for the area in which the violations occurred. | ||||
| 29:29:3.1.1.1.4.2.82.2 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.16 Assurances and obligations of H-2B employers. | DOL-WHD | An employer employing H-2B workers and/or workers in corresponding employment under an Application for Temporary Employment Certification has agreed as part of the Application for Temporary Employment Certification that it will abide by the following conditions with respect to its H-2B workers and any workers in corresponding employment: (a) Rate of pay. (1) The offered wage in the job order equals or exceeds the highest of the prevailing wage or Federal minimum wage, State minimum wage, or local minimum wage. The employer must pay at least the offered wage, free and clear, during the entire period of the Application for Temporary Employment Certification granted by OFLC. (2) The offered wage is not based on commissions, bonuses, or other incentives, including paying on a piece-rate basis, unless the employer guarantees a wage earned every workweek that equals or exceeds the offered wage. (3) If the employer requires one or more minimum productivity standards of workers as a condition of job retention, the standards must be specified in the job order and the employer must demonstrate that they are normal and usual for non-H-2B employers for the same occupation in the area of intended employment. (4) An employer that pays on a piece-rate basis must demonstrate that the piece rate is no less than the normal rate paid by non-H-2B employers to workers performing the same activity in the area of intended employment. The average hourly piece rate earnings must result in an amount at least equal to the offered wage. If the worker is paid on a piece rate basis and at the end of the workweek the piece rate does not result in average hourly piece rate earnings during the workweek at least equal to the amount the worker would have earned had the worker been paid at the offered hourly wage, then the employer must supplement the worker's pay at that time so that the worker's earnings are at least as much as the worker would have earned during the workweek if the worker had instead been paid at the offered hourly w… | ||||
| 29:29:3.1.1.1.4.2.82.3 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.17 Document retention requirements of H-2B employers. | DOL-WHD | [80 FR 24130, Apr. 29, 2015, as amended at 84 FR 62447, Nov. 15, 2019] | (a) Entities required to retain documents. All employers filing an Application for Temporary Employment Certification requesting H-2B workers are required to retain the documents and records proving compliance with 20 CFR part 655, subpart A and this part, including but not limited to those specified in paragraph (c) of this section. (b) Period of required retention. The employer must retain records and documents for 3 years from the date of certification of the Application for Temporary Employment Certification or from the date of adjudication if the Application for Temporary Employment Certification is denied or 3 years from the day the Department of Labor receives the letter of withdrawal provided in accordance with 20 CFR 655.62. (c) Documents and records to be retained by all employer applicants. All employers filing an H-2B Registration and an Application for Temporary Employment Certification must retain the following documents and records and must provide the documents and records in the event of an audit or investigation: (1) Documents and records not previously submitted during the registration process that substantiate temporary need; (2) Proof of recruitment efforts, as applicable, including: (i) Job order placement as specified in 20 CFR 655.16; (ii) Contact with former U.S. workers as specified in 20 CFR 655.43; (iii) Contact with bargaining representative(s), copy of the posting of the job opportunity, and contact with community-based organizations, if applicable, as specified in 20 CFR 655.45(a), (b) and (c); and (iv) Additional employer-conducted recruitment efforts as specified in 20 CFR 655.46; (3) Substantiation of the information submitted in the recruitment report prepared in accordance with 20 CFR 655.48, such as evidence of nonapplicability of contact with former workers as specified in 20 CFR 655.43; (4) The final recruitment report and any supporting resumes and contact information as specified in 20 CFR 655.48; (5) Records of each worker's earnings, hours offe… | |||
| 29:29:3.1.1.1.4.2.82.4 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.18 Validity of temporary labor certification. | DOL-WHD | (a) Validity period. A temporary labor certification is valid only for the period of time between the beginning and ending dates of employment, as approved on the Application for Temporary Employment Certification. The certification expires on the last day of authorized employment. (b) Scope of validity. A temporary labor certification is valid only for the number of H-2B positions, the area of intended employment, the job classification and specific services or labor to be performed, and the employer specified on the approved Application for Temporary Employment Certification. The temporary labor certification may not be transferred from one employer to another unless the employer to which it is transferred is a successor in interest to the employer to which it was issued. | ||||
| 29:29:3.1.1.1.4.2.82.5 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.19 Violations. | DOL-WHD | (a) Types of violations. Pursuant to the statutory provisions governing enforcement of the H-2B program, 8 U.S.C. 1184(c)(14), a violation exists under this part where the Administrator, WHD determines that there has been a: (1) Willful misrepresentation of a material fact on the H-2B Registration, Application for Prevailing Wage Determination, Application for Temporary Employment Certification, or H-2B Petition; (2) Substantial failure to meet any of the terms and conditions of the H-2B Registration, Application for Prevailing Wage Determination, Application for Temporary Employment Certification, or H-2B Petition. A substantial failure is a willful failure to comply that constitutes a significant deviation from the terms and conditions of such documents; or (3) Willful misrepresentation of a material fact to the Department of State during the H-2B nonimmigrant visa application process. (b) Determining whether a violation is willful. A willful misrepresentation of a material fact or a willful failure to meet the required terms and conditions occurs when the employer, attorney, or agent knows its statement is false or that its conduct is in violation, or shows reckless disregard for the truthfulness of its representation or for whether its conduct satisfies the required conditions. (c) Determining whether a violation is significant. In determining whether a violation is a significant deviation from the terms and conditions of the H-2B Registration, Application for Prevailing Wage Determination, Application for Temporary Employment Certification, or H-2B Petition, the factors that the Administrator, WHD may consider include, but are not limited to, the following: (1) Previous history of violation(s) under the H-2B program; (2) The number of H-2B workers, workers in corresponding employment, or U.S. workers who were and/or are affected by the violation(s); (3) The gravity of the violation(s); (4) The extent to which the violator achieved a financial gain due to the violation(s), or t… | ||||
| 29:29:3.1.1.1.4.2.82.6 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.20 Sanctions and remedies—general. | DOL-WHD | Whenever the Administrator, WHD determines that there has been a violation(s), as described in § 503.19, such action will be taken and such proceedings instituted as deemed appropriate, including (but not limited to) the following: (a) Institute administrative proceedings, including for: the recovery of unpaid wages (including recovery of prohibited recruitment fees paid or impermissible deductions from pay, and recovery of wages due for improperly placing workers in areas of employment or in occupations other than those identified on the Application for Temporary Employment Certification and for which a prevailing wage was not obtained); the enforcement of provisions of the job order, 8 U.S.C. 1184(c), 20 CFR part 655, subpart A, or the regulations in this part; the assessment of a civil money penalty; make whole relief for any person who has been discriminated against; reinstatement and make whole relief for any U.S. worker who has been improperly rejected for employment, laid off or displaced; or debarment for no less than 1 or no more than 5 years. (b) The remedies referenced in paragraph (a) of this section will be sought either directly from the employer, or from its successor in interest, or from the employer's agent or attorney, as appropriate. | ||||
| 29:29:3.1.1.1.4.2.82.7 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.21 Concurrent actions within the Department of Labor. | DOL-WHD | OFLC has primary responsibility to make all determinations regarding the issuance, denial, or revocation of a labor certification as described in § 503.1(b) and in 20 CFR part 655, subpart A. The WHD has primary responsibility to make all determinations regarding the enforcement functions as described in § 503.1(c). The taking of any one of the actions referred to above will not be a bar to the concurrent taking of any other action authorized by 8 U.S.C. 1184(c), 20 CFR part 655, subpart A, or the regulations in this part. OFLC and the WHD have concurrent jurisdiction to impose a debarment remedy under 20 CFR 655.73 or under § 503.24. | ||||
| 29:29:3.1.1.1.4.2.82.8 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.22 Representation of the Secretary. | DOL-WHD | The Solicitor of Labor, through authorized representatives, will represent the Administrator, WHD and the Secretary in all administrative hearings under 8 U.S.C. 1184(c)(14) and the regulations in this part. | ||||
| 29:29:3.1.1.1.4.2.82.9 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | B | Subpart B—Enforcement | § 503.23 Civil money penalty assessment. | DOL-WHD | [80 FR 24130, Apr. 29, 2015, as amended at 81 FR 42986, July 1, 2016; 82 FR 14149, Mar. 17, 2017; 83 FR 12, Jan. 2, 2018; 84 FR 218, Jan. 23, 2019; 85 FR 2298, Jan. 15, 2020; 86 FR 2968, Jan. 14, 2021; 87 FR 2334, Jan. 14, 2022; 88 FR 2216, Jan. 13, 2023; 89 FR 1816, Jan. 11, 2024; 90 FR 1860, Jan. 10, 2025] | (a) A civil money penalty may be assessed by the Administrator, WHD for each violation that meets the standards described in § 503.19. Each such violation involving the failure to pay an individual worker properly or to honor the terms or conditions of a worker's employment required by the H-2B Registration, Application for Prevailing Wage Determination, Application for Temporary Employment Certification, or H-2B Petition, constitutes a separate violation. Civil money penalty amounts for such violations are determined as set forth in paragraphs (b) to (e) of this section. (b) Upon determining that an employer has violated any provisions of § 503.16 related to wages, impermissible deductions or prohibited fees and expenses, the Administrator, WHD, may assess civil money penalties that are equal to the difference between the amount that should have been paid and the amount that actually was paid to such worker(s), not to exceed $15,846 per violation. (c) Upon determining that an employer has terminated by layoff or otherwise or has refused to employ any worker in violation of § 503.16(r), (t), or (v), within the periods described in those sections, the Administrator, WHD may assess civil money penalties that are equal to the wages that would have been earned but for the layoff or failure to hire, not to exceed $15,846 per violation. No civil money penalty will be assessed, however, if the employee refused the job opportunity, or was terminated for lawful, job-related reasons. (d) The Administrator, WHD, may assess civil money penalties in an amount not to exceed $15,846 per violation for any other violation that meets the standards described in § 503.19. (e) In determining the amount of the civil money penalty to be assessed under paragraph (d) of this section, the Administrator, WHD will consider the type of violation committed and other relevant factors. In determining the level of penalties to be assessed, the highest penalties will be reserved for willful failures to meet any of the conditions of the A… | |||
| 29:29:3.1.1.1.4.3.82.1 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.40 Applicability of procedures and rules. | DOL-WHD | (a) The procedures and rules contained in this subpart prescribe the administrative appeal process that will be applied with respect to a determination to assess civil money penalties, to debar, to enforce provisions of the job order or provisions under 8 U.S.C. 1184(c), 20 CFR part 655, subpart A, or the regulations in this part, or to the collection of monetary relief due as a result of any violation. (b) With respect to determinations as listed in paragraph (a) involving provisions under 8 U.S.C. 1184(c), the procedures and rules contained in this subpart will apply regardless of the date of violation. | ||||
| 29:29:3.1.1.1.4.3.82.2 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.41 Administrator, WHD's determination. | DOL-WHD | (a) Whenever the Administrator, WHD decides to assess a civil money penalty, to debar, or to impose other appropriate administrative remedies, including for the recovery of monetary relief, the party against which such action is taken will be notified in writing of such determination. (b) The Administrator, WHD's determination will be served on the party by personal service or by certified mail at the party's last known address. Where service by certified mail is not accepted by the party, the Administrator may exercise discretion to serve the determination by regular mail. | ||||
| 29:29:3.1.1.1.4.3.82.3 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.42 Contents of notice of determination. | DOL-WHD | The notice of determination required by § 503.41 will: (a) Set forth the determination of the Administrator, WHD, including: (1) The amount of any monetary relief due; or (2) Other appropriate administrative remedies; or (3) The amount of any civil money penalty assessment; or (4) Whether debarment is sought and the term; and (5) The reason or reasons for such determination. (b) Set forth the right to request a hearing on such determination; (c) Inform the recipient(s) of the notice that in the absence of a timely request for a hearing, received by the Chief ALJ within 30 calendar days of the date of the determination, the determination of the Administrator, WHD will become final and not appealable; (d) Set forth the time and method for requesting a hearing, and the related procedures for doing so, as set forth in § 503.43, and give the addresses of the Chief ALJ (with whom the request must be filed) and the representative(s) of the Solicitor of Labor (upon whom copies of the request must be served); and (e) Where appropriate, inform the recipient(s) of the notice that the Administrator, WHD will notify OFLC and DHS of the occurrence of a violation by the employer. | ||||
| 29:29:3.1.1.1.4.3.82.4 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.43 Request for hearing. | DOL-WHD | (a) Any party desiring review of a determination issued under § 503.41, including judicial review, must make a request for such an administrative hearing in writing to the Chief ALJ at the address stated in the notice of determination. In such a proceeding, the Administrator will be the plaintiff, and the party will be the respondent. If such a request for an administrative hearing is timely filed, the Administrator, WHD's determination will be inoperative unless and until the case is dismissed or the ALJ issues an order affirming the decision. (b) No particular form is prescribed for any request for hearing permitted by this section. However, any such request will: (1) Be dated; (2) Be typewritten or legibly written; (3) Specify the issue or issues stated in the notice of determination giving rise to such request; (4) State the specific reason or reasons why the party believes such determination is in error; (5) Be signed by the party making the request or by the agent or attorney of such party; and (6) Include the address at which such party or agent or attorney desires to receive further communications relating thereto. (c) The request for such hearing must be received by the Chief ALJ, at the address stated in the Administrator, WHD's notice of determination, no later than 30 calendar days after the date of the determination. A party which fails to meet this 30-day deadline for requesting a hearing may thereafter participate in the proceedings only by consent of the ALJ. (d) The request may be filed in person, by facsimile transmission, by certified or regular mail, or by courier service within the time set forth in paragraph (c) of this section. For the requesting party's protection, if the request is by mail, it should be by certified mail. If the request is by facsimile transmission, the original of the request, signed by the party or its attorney or agent, must be filed within 25 days. (e) The determination will take effect on the start date identified in the written notice of determination, unl… | ||||
| 29:29:3.1.1.1.4.3.83.5 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.44 General. | DOL-WHD | (a) Except as specifically provided in the regulations in this part and to the extent they do not conflict with the provisions of this part, the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges established by the Secretary at 29 CFR part 18 will apply to administrative proceedings described in this part. (b) As provided in the Administrative Procedure Act, 5 U.S.C. 556, any oral or documentary evidence may be received in proceedings under this part. The Federal Rules of Evidence and subpart B of the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges (29 CFR part 18, subpart B) will not apply, but principles designed to ensure production of relevant and probative evidence will guide the admission of evidence. The ALJ may exclude evidence which is immaterial, irrelevant, or unduly repetitive. | ||||
| 29:29:3.1.1.1.4.3.83.6 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.45 Service of pleadings. | DOL-WHD | (a) Under this part, a party may serve any pleading or document by regular mail. Service on a party is complete upon mailing to the last known address. No additional time for filing or response is authorized where service is by mail. In the interest of expeditious proceedings, the ALJ may direct the parties to serve pleadings or documents by a method other than regular mail. (b) Two copies of all pleadings and other documents in any ALJ proceeding must be served on the attorneys for the Administrator, WHD. One copy must be served on the Associate Solicitor, Division of Fair Labor Standards, Office of the Solicitor, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2716, Washington, DC 20210, and one copy must be served on the attorney representing the Administrator in the proceeding. (c) Time will be computed beginning with the day following service and includes the last day of the period unless it is a Saturday, Sunday, or Federally-observed holiday, in which case the time period includes the next business day. | ||||
| 29:29:3.1.1.1.4.3.83.7 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.46 Commencement of proceeding. | DOL-WHD | Each administrative proceeding permitted under 8 U.S.C. 1184(c)(14) and the regulations in this part will be commenced upon receipt of a timely request for hearing filed in accordance with § 503.43. | ||||
| 29:29:3.1.1.1.4.3.83.8 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.47 Caption of proceeding. | DOL-WHD | (a) Each administrative proceeding instituted under 8 U.S.C. 1184(c)(14), INA section 214(c)(14) and the regulations in this part will be captioned in the name of the person requesting such hearing, and will be styled as follows: In the Matter of __________, Respondent. (b) For the purposes of such administrative proceedings the Administrator, WHD will be identified as plaintiff and the person requesting such hearing will be named as respondent. | ||||
| 29:29:3.1.1.1.4.3.83.9 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.48 Conduct of proceeding. | DOL-WHD | (a) Upon receipt of a timely request for a hearing filed under and in accordance with § 503.43, the Chief ALJ will promptly appoint an ALJ to hear the case. (b) The ALJ will notify all parties of the date, time and place of the hearing. Parties will be given at least 30 calendar days' notice of such hearing. (c) The ALJ may prescribe a schedule by which the parties are permitted to file a prehearing brief or other written statement of fact or law. Any such brief or statement must be served upon each other party. Post-hearing briefs will not be permitted except at the request of the ALJ. When permitted, any such brief must be limited to the issue or issues specified by the ALJ, will be due within the time prescribed by the ALJ, and must be served on each other party. | ||||
| 29:29:3.1.1.1.4.3.84.10 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.49 Consent findings and order. | DOL-WHD | (a) General. At any time after the commencement of a proceeding under this part, but before the reception of evidence in any such proceeding, a party may move to defer the receipt of any evidence for a reasonable time to permit negotiation of an agreement containing consent findings and an order disposing of the whole or any part of the proceeding. The allowance of such deferment and the duration thereof will be at the discretion of the ALJ, after consideration of the nature of the proceeding, the requirements of the public interest, the representations of the parties, and the probability of an agreement being reached which will result in a just disposition of the issues involved. (b) Content. Any agreement containing consent findings and an order disposing of a proceeding or any part thereof will also provide: (1) That the order will have the same force and effect as an order made after full hearing; (2) That the entire record on which any order may be based will consist solely of the notice of administrative determination (or amended notice, if one is filed), and the agreement; (3) A waiver of any further procedural steps before the ALJ; and (4) A waiver of any right to challenge or contest the validity of the findings and order entered into in accordance with the agreement. (c) Submission. On or before the expiration of the time granted for negotiations, the parties or their attorney or agent may: (1) Submit the proposed agreement for consideration by the ALJ; or (2) Inform the ALJ that agreement cannot be reached. (d) Disposition. In the event an agreement containing consent findings and an order is submitted within the time allowed therefore, the ALJ, within 30 days thereafter, will, if satisfied with its form and substance, accept such agreement by issuing a decision based upon the agreed findings. | ||||
| 29:29:3.1.1.1.4.3.85.11 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.50 Decision and order of Administrative Law Judge. | DOL-WHD | (a) The ALJ will prepare, within 60 days after completion of the hearing and closing of the record, a decision on the issues referred by the Administrator, WHD. (b) The decision of the ALJ will include a statement of the findings and conclusions, with reasons and basis therefore, upon each material issue presented on the record. The decision will also include an appropriate order which may affirm, deny, reverse, or modify, in whole or in part, the determination of the Administrator, WHD. The reason or reasons for such order will be stated in the decision. (c) In the event that the Administrator, WHD assesses back wages for wage violation(s) of § 503.16 based upon a PWD obtained by the Administrator from OFLC during the investigation and the ALJ determines that the Administrator's request was not warranted, the ALJ will remand the matter to the Administrator for further proceedings on the Administrator's determination. If there is no such determination and remand by the ALJ, the ALJ will accept as final and accurate the wage determination obtained from OFLC or, in the event the party filed a timely appeal under 20 CFR 655.13 the final wage determination resulting from that process. Under no circumstances will the ALJ determine the validity of the wage determination or require submission into evidence or disclosure of source data or the names of establishments contacted in developing the survey which is the basis for the PWD. (d) The decision will be served on all parties. (e) The decision concerning civil money penalties, debarment, monetary relief, and/or other administrative remedies, when served by the ALJ will constitute the final agency order unless the ARB, as provided for in § 503.51, determines to review the decision. | ||||
| 29:29:3.1.1.1.4.3.86.12 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.51 Procedures for initiating and undertaking review. | DOL-WHD | (a) A respondent, the WHD, or any other party wishing review, including judicial review, of the decision of an ALJ will, within 30 days of the decision of the ALJ, petition the ARB to review the decision. Copies of the petition will be served on all parties and on the ALJ. (b) No particular form is prescribed for any petition for the ARB's review permitted by this part. However, any such petition will: (1) Be dated; (2) Be typewritten or legibly written; (3) Specify the issue or issues stated in the ALJ decision and order giving rise to such petition; (4) State the specific reason or reasons why the party petitioning for review believes such decision and order are in error; (5) Be signed by the party filing the petition or by an authorized representative of such party; (6) Include the address at which such party or authorized representative desires to receive further communications relating thereto; and (7) Include as an attachment the ALJ's decision and order, and any other record documents which would assist the ARB in determining whether review is warranted. (c) If the ARB does not issue a notice accepting a petition for review of the decision within 30 days after receipt of a timely filing of the petition, or within 30 days of the date of the decision if no petition has been received, the decision of the ALJ will be deemed the final agency action. (d) Whenever the ARB, either on the ARB's own motion or by acceptance of a party's petition, determines to review the decision of an ALJ, a notice of the same will be served upon the ALJ and upon all parties to the proceeding. | ||||
| 29:29:3.1.1.1.4.3.86.13 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.52 Responsibility of the Office of Administrative Law Judges (OALJ). | DOL-WHD | Upon receipt of the ARB's notice under § 503.51, the OALJ will promptly forward a copy of the complete hearing record to the ARB. | ||||
| 29:29:3.1.1.1.4.3.86.14 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.53 Additional information, if required. | DOL-WHD | Where the ARB has determined to review such decision and order, the ARB will notify the parties of: (a) The issue or issues raised; (b) The form in which submissions will be made ( i.e., briefs, oral argument); and (c) The time within which such presentation will be submitted. | ||||
| 29:29:3.1.1.1.4.3.86.15 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.54 Submission of documents to the Administrative Review Board. | DOL-WHD | All documents submitted to the ARB will be filed with the Administrative Review Board, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-5220, Washington, DC 20210. An original and two copies of all documents must be filed. Documents are not deemed filed with the ARB until actually received by the ARB. All documents, including documents filed by mail, must be received by the ARB either on or before the due date. Copies of all documents filed with the ARB must be served upon all other parties involved in the proceeding. | ||||
| 29:29:3.1.1.1.4.3.86.16 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.55 Final decision of the Administrative Review Board. | DOL-WHD | The ARB's final decision will be issued within 90 days from the notice granting the petition and served upon all parties and the ALJ. | ||||
| 29:29:3.1.1.1.4.3.87.17 | 29 | Labor | V | A | 503 | PART 503—ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT | C | Subpart C—Administrative Proceedings | § 503.56 Retention of official record. | DOL-WHD | The official record of every completed administrative hearing provided by the regulations in this part will be maintained and filed under the custody and control of the Chief ALJ, or, where the case has been the subject of administrative review, the ARB. | ||||
| 40:40:32.0.1.2.43.1.13.1 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.1 Purpose and applicability. | EPA | (a) Purpose. (1) This part establishes standards, which consist of general requirements, pollutant limits, management practices, and operational standards, for the final use or disposal of sewage sludge generated during the treatment of domestic sewage in a treatment works. Standards are included in this part for sewage sludge applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. Also included in this part are pathogen and alternative vector attraction reduction requirements for sewage sludge applied to the land or placed on a surface disposal site. (2) In addition, the standards in this part include the frequency of monitoring and recordkeeping requirements when sewage sludge is applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. Also included in this part are reporting requirements for Class I sludge management facilities, publicly owned treatment works (POTWs) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more. (b) Applicability. (1) This part applies to any person who prepares sewage sludge, applies sewage sludge to the land, or fires sewage sludge in a sewage sludge incinerator and to the owner/operator of a surface disposal site. (2) This part applies to sewage sludge applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. (3) This part applies to the exit gas from a sewage sludge incinerator stack. (4) This part applies to land where sewage sludge is applied, to a surface disposal site, and to a sewage sludge incinerator. | ||||
| 40:40:32.0.1.2.43.1.13.2 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.2 Compliance period. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42568, Aug. 4, 1999] | (a) Compliance with the standards in this part shall be achieved as expeditiously as practicable, but in no case later than February 19, 1994. When compliance with the standards requires construction of new pollution control facilities, compliance with the standards shall be achieved as expeditiously as practicable, but in no case later than February 19, 1995. (b) The requirements for frequency of monitoring, recordkeeping, and reporting in this part for total hydrocarbons in the exit gas from a sewage sludge incinerator are effective February 19, 1994 or, if compliance with the operational standard for total hydrocarbons in this part requires the construction of new pollution control facilities, February 19, 1995. (c) All other requirements for frequency of monitoring, recordkeeping, and reporting in this part are effective on July 20, 1993. (d) Unless otherwise specified in subpart E, compliance with the requirements in §§ 503.41(c) through (r), 503.43(c), (d) and (e), 503.45(a)(1), (b) through (f), 503.46(a)(1), (a)(3), and (c), and 503.47(f) that were revised on September 3, 1999 shall be achieved as expeditiously as practicable, but in no case later than September 5, 2000. When new pollution control facilities must be constructed to comply with the revised requirements in subpart E, compliance with the revised requirements shall be achieved as expeditiously as practicable but no later than September 4, 2001. | |||
| 40:40:32.0.1.2.43.1.13.3 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.3 Permits and direct enforceability. | EPA | (a) Permits. The requirements in this part may be implemented through a permit: (1) Issued to a “treatment works treating domestic sewage”, as defined in 40 CFR 122.2, in accordance with 40 CFR parts 122 and 124 by EPA or by a State that has a State sludge management program approved by EPA in accordance with 40 CFR part 123 or 40 CFR part 501 or (2) Issued under subtitle C of the Solid Waste Disposal Act; part C of the Safe Drinking Water Act; the Marine Protection, Research, and Sanctuaries Act of 1972; or the Clean Air Act. “Treatment works treating domestic sewage” shall submit a permit application in accordance with either 40 CFR 122.21 or an approved State program. (b) Direct enforceability. No person shall use or dispose of sewage sludge through any practice for which requirements are established in this part except in accordance with such requirements. | ||||
| 40:40:32.0.1.2.43.1.13.4 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.4 Relationship to other regulations. | EPA | Disposal of sewage sludge in a municipal solid waste landfill unit, as defined in 40 CFR 258.2, that complies with the requirements in 40 CFR part 258 constitutes compliance with section 405(d) of the CWA. Any person who prepares sewage sludge that is disposed in a municipal solid waste landfill unit shall ensure that the sewage sludge meets the requirements in 40 CFR part 258 concerning the quality of materials disposed in a municipal solid waste landfill unit. | ||||
| 40:40:32.0.1.2.43.1.13.5 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.5 Additional or more stringent requirements. | EPA | (a) On a case-by-case basis, the permitting authority may impose requirements for the use or disposal of sewage sludge in addition to or more stringent than the requirements in this part when necessary to protect public health and the environment from any adverse effect of a pollutant in the sewage sludge. (b) Nothing in this part precludes a State or political subdivision thereof or interstate agency from imposing requirements for the use or disposal of sewage sludge more stringent than the requirements in this part or from imposing additional requirements for the use or disposal of sewage sludge. | ||||
| 40:40:32.0.1.2.43.1.13.6 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.6 Exclusions. | EPA | (a) Treatment processes. This part does not establish requirements for processes used to treat domestic sewage or for processes used to treat sewage sludge prior to final use or disposal, except as provided in §§ 503.32 and 503.33. (b) Selection of a use or disposal practice. This part does not require the selection of a sewage sludge use or disposal practice. The determination of the manner in which sewage sludge is used or disposed is a local determination. (c) Co-firing of sewage sludge. This part does not establish requirements for sewage sludge co-fired in an incinerator with other wastes or for the incinerator in which sewage sludge and other wastes are co-fired. Other wastes do not include auxiliary fuel, as defined in 40 CFR 503.41(b), fired in a sewage sludge incinerator. (d) Sludge generated at an industrial facility. This part does not establish requirements for the use or disposal of sludge generated at an industrial facility during the treatment of industrial wastewater, including sewage sludge generated during the treatment of industrial wastewater combined with domestic sewage. (e) Hazardous sewage sludge. This part does not establish requirements for the use or disposal of sewage sludge determined to be hazardous in accordance with 40 CFR part 261. (f) Sewage sludge with high PCB concentration. This part does not establish requirements for the use or disposal of sewage sludge with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry weight basis). (g) Incinerator ash. This part does not establish requirements for the use or disposal of ash generated during the firing of sewage sludge in a sewage sludge incinerator. (h) Grit and screenings. This part does not establish requirements for the use or disposal of grit (e.g., sand, gravel, cinders, or other materials with a high specific gravity) or screenings (e.g., relatively large materials such as rags) generated during preliminary treatment of domestic sew… | ||||
| 40:40:32.0.1.2.43.1.13.7 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.7 Requirement for a person who prepares sewage sludge. | EPA | Any person who prepares sewage sludge shall ensure that the applicable requirements in this part are met when the sewage sludge is applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. | ||||
| 40:40:32.0.1.2.43.1.13.8 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.8 Sampling and analysis. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 69 FR 18803, Apr. 9, 2004; 72 FR 14233, Mar. 26, 2007] | (a) Sampling. Representative samples of sewage sludge that is applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator shall be collected and analyzed. (b) Methods. The materials listed below are incorporated by reference in this part. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The materials are incorporated as they exist on the date of approval, and notice of any change in these materials will be published in the Federal Register. They are available for inspection at the HQ Water Docket Center, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies may be obtained from the standard producer or publisher listed in the regulation. The methods in the materials listed below (or in 40 CFR part 136) shall be used to analyze samples of sewage sludge. (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, PA 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 … | |||
| 40:40:32.0.1.2.43.1.13.9 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | A | Subpart A—General Provisions | § 503.9 General definitions. | EPA | (a) Apply sewage sludge or sewage sludge applied to the land means land application of sewage sludge. (b) Base flood is a flood that has a one percent chance of occurring in any given year ( i.e. , a flood with a magnitude equalled once in 100 years). (c) Class I sludge management facility is any publicly owned treatment works (POTW), as defined in 40 CFR 501.2, required to have an approved pretreatment program under 40 CFR 403.8(a) (including any POTW located in a State that has elected to assume local program responsibilities pursuant to 40 CFR 403.10(e)) and any treatment works treating domestic sewage, as defined in 40 CFR 122.2, classified as a Class I sludge management facility by the EPA Regional Administrator, or, in the case of approved State programs, the Regional Administrator in conjunction with the State Director, because of the potential for its sewage sludge use or disposal practice to affect public health and the environment adversely. (d) Cover crop is a small grain crop, such as oats, wheat, or barley, not grown for harvest. (e) CWA means the Clean Water Act (formerly referred to as either the Federal Water Pollution Act or the Federal Water Pollution Control Act Amendments of 1972), Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, Public Law 97-117, and Public Law 100-4. (f) Domestic septage is either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. (g) Domestic sewage is waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works. (h) Dry weight basis means calculated on the basis of havin… | ||||
| 40:40:32.0.1.2.43.2.13.1 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.10 Applicability. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42568, Aug. 4, 1999] | (a) This subpart applies to any person who prepares sewage sludge that is applied to the land, to any person who applies sewage sludge to the land, to sewage sludge applied to the land, and to the land on which sewage sludge is applied. (b)(1) Bulk sewage sludge. The general requirements in § 503.12 and the management practices in § 503.14 do not apply when bulk sewage sludge is applied to the land if the bulk sewage sludge meets the ceiling concentrations in Table 1 of § 503.13 and the pollutant concentrations in Table 3 of § 503.13; the Class A pathogen requirements in § 503.32(a); and one of the vector attraction reduction requirements in § 503.33(b)(1) through (b)(8). (2) The Regional Administrator of EPA or, in the case of a State with an approved sludge management program, the State Director, may apply any or all of the general requirements in § 503.12 and the management practices in § 503.14 to the bulk sewage sludge in § 503.10(b)(1) on a case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the bulk sewage sludge. (c)(1) The general requirements in § 503.12 and the management practices in § 503.14 do not apply when a bulk material derived from sewage sludge is applied to the land if the derived bulk material meets the ceiling concentrations in Table 1 of § 503.13 and the pollutant concentrations in Table 3 of § 503.13; the Class A pathogen requirements in § 503.32(a); and one of the vector attraction reduction requirements in § 503.33(b)(1) through (b)(8). (2) The Regional Administrator of EPA or, in the case of a State with an approved sludge management program, the State Director, may apply any or all of the general requirements in § 503.12 or the management practices in § 503.14 to the bulk material in § 503.10(c)(1) on a case-by-case basis after determining that the general requirements or management practices are needed… | |||
| 40:40:32.0.1.2.43.2.13.2 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.11 Special definitions. | EPA | (a) Agricultural land is land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture. (b) Agronomic rate is the whole sludge application rate (dry weight basis) designed: (1) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land; and (2) To 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 ground water. (c) Annual pollutant loading rate is the maximum amount of a pollutant that can be applied to a unit area of land during a 365 day period. (d) Annual whole sludge application rate is the maximum amount of sewage sludge (dry weight basis) that can be applied to a unit area of land during a 365 day period. (e) Bulk sewage sludge is sewage sludge that is not sold or given away in a bag or other container for application to the land. (f) Cumulative pollutant loading rate is the maximum amount of an inorganic pollutant that can be applied to an area of land. (g) Forest is a tract of land thick with trees and underbrush. (h) Land application is the spraying or spreading of sewage sludge onto the land surface; the injection of sewage sludge below the land surface; or the incorporation of sewage sludge into the soil so that the sewage sludge can either condition the soil or fertilize crops or vegetation grown in the soil. (i) Monthly average is the arithmetic mean of all measurements taken during the month. (j) Other container is either an open or closed receptacle. This includes, but is not limited to, a bucket, a box, a carton, and a vehicle or trailer with a load capacity of one metric ton or less. (k) Pasture is land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover. (l) Public contact site is land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, plan… | ||||
| 40:40:32.0.1.2.43.2.13.3 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.12 General requirements. | EPA | (a) No person shall apply sewage sludge to the land except in accordance with the requirements in this subpart. (b) No person shall apply bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in § 503.13(b)(2) has been reached. (c) No person shall apply domestic septage to agricultural land, forest, or a reclamation site during a 365 day period if the annual application rate in § 503.13(c) has been reached during that period. (d) The person who prepares bulk sewage sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk sewage sludge written notification of the concentration of total nitrogen (as N on a dry weight basis) in the bulk sewage sludge. (e)(1) The person who applies sewage sludge to the land shall obtain information needed to comply with the requirements in this subpart. (2)(i) Before bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) is applied to the land, the person who proposes to apply the bulk sewage sludge shall contact the permitting authority for the State in which the bulk sewage sludge will be applied to determine whether bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) has been applied to the site since July 20, 1993. (ii) If bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) has not been applied to the site since July 20, 1993, the cumulative amount for each pollutant listed in Table 2 of § 503.13 may be applied to the site in accordance with § 503.13(a)(2)(i). (iii) If bulk sewage sludge subject to the cumulative pollutant loading rates in § 503.13(b)(2) has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk sewage sludge since that date is known, the cumulative a… | ||||
| 40:40:32.0.1.2.43.2.13.4 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.13 Pollutant limits. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 58 FR 9099, Feb. 25, 1994; 60 FR 54769, Oct. 25, 1995] | (a) Sewage sludge. (1) Bulk sewage sludge or sewage sludge sold or given away in a bag or other container shall 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 of § 503.13. (2) If bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site, either: (i) The cumulative loading rate for each pollutant shall not exceed the cumulative pollutant loading rate for the pollutant in Table 2 of § 503.13; or (ii) The concentration of each pollutant in the sewage sludge shall not exceed the concentration for the pollutant in Table 3 of § 503.13. (3) If bulk sewage sludge is applied to a lawn or a home garden, the concentration of each pollutant in the sewage sludge shall not exceed the concentration for the pollutant in Table 3 of § 503.13. (4) If sewage sludge is sold or given away in a bag or other container for application to the land, either: (i) The concentration of each pollutant in the sewage sludge shall not exceed the concentration for the pollutant in Table 3 of § 503.13; or (ii) The product of the concentration of each pollutant in the sewage sludge and the annual whole sludge application rate for the sewage sludge shall not cause the annual pollutant loading rate for the pollutant in Table 4 of § 503.13 to be exceeded. The procedure used to determine the annual whole sludge application rate is presented in appendix A of this part. (b) Pollutant concentrations and loading rates—sewage sludge —(1) Ceiling concentrations. Table 1 of § 503.13—Ceiling Concentrations 1 Dry weight basis. (2) Cumulative pollutant loading rates. Table 2 of § 503.13—Cumulative Pollutant Loading Rates (3) Pollutant concentrations. Table 3 of § 503.13—Pollutant Concentrations 1 Dry weight basis. (4) Annual pollutant loading rates. Table 4 of § 503.13—Annual Pollutant Loading Rates (c) Domestic septage. The annual application rate for domestic septage applied to agricultu… | |||
| 40:40:32.0.1.2.43.2.13.5 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.14 Management practices. | EPA | (a) Bulk sewage sludge shall not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat. (b) Bulk sewage sludge shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded, frozen, or snow-covered so that the bulk sewage sludge enters a wetland or other waters of the United States, as defined in 40 CFR 122.2, except as provided in a permit issued pursuant to section 402 or 404 of the CWA. (c) Bulk sewage sludge shall not be applied to agricultural land, forest, or a reclamation site that is 10 meters or less from waters of the United States, as defined in 40 CFR 122.2, unless otherwise specified by the permitting authority. (d) Bulk sewage sludge shall be applied to agricultural land, forest, a public contact site, or a reclamation site at a whole sludge application rate that is equal to or less than the agronomic rate for the bulk sewage sludge, unless, in the case of a reclamation site, otherwise specified by the permitting authority. (e) Either a label shall be affixed to the bag or other container in which sewage sludge that is sold or given away for application to the land, or an information sheet shall be provided to the person who receives sewage sludge sold or given away in an 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 or given away 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) The annual whole sludge application rate for the sewage sludge that does not cause any of the annual pollutant loading rates in Table 4 of § 503.13 to be exceeded. | ||||
| 40:40:32.0.1.2.43.2.13.6 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.15 Operational standards—pathogens and vector attraction reduction. | EPA | (a) Pathogens—sewage sludge. (1) The Class A pathogen requirements in § 503.32(a) or the Class B pathogen requirements and site restrictions in § 503.32(b) shall be met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site. (2) The Class A pathogen requirements in § 503.32(a) shall be met when bulk sewage sludge is applied to a lawn or a home garden. (3) The Class A pathogen requirements in § 503.32(a) shall be met when sewage sludge is sold or given away in a bag or other container for application to the land. (b) Pathogens—domestic septage. The requirements in either § 503.32 (c)(1) or (c)(2) shall be met when domestic septage is applied to agricultural land, forest, or a reclamation site. (c) Vector attraction reduction—sewage sludge. (1) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(10) shall be met when bulk 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 § 503.33 (b)(1) through (b)(8) shall be met when bulk sewage sludge is applied to a lawn or a home garden. (3) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) shall be met when sewage sludge is sold or given away in a bag or other container for application to the land. (d) Vector attraction reduction—domestic septage. The vector attraction reduction requirements in § 503.33(b)(9), (b)(10), or (b)(12) shall be met when domestic septage is applied to agricultural land, forest, or a reclamation site. | ||||
| 40:40:32.0.1.2.43.2.13.7 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.16 Frequency of monitoring. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42569, Aug. 4, 1999] | (a) Sewage sludge. (1) The frequency of monitoring for the pollutants listed in Table 1, Table 2, Table 3 and Table 4 of § 503.13; the pathogen density requirements in § 503.32(a) and § 503.32(b)(2); and the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(4) and § 503.33 (b)(7) through (b)(8) shall be the frequency in Table 1 of § 503.16. Table 1 of § 503.16—Frequency of Monitoring—Land Application 1 Either the amount of bulk sewage sludge applied to the land or the amount of sewage sludge prepared for sale or give-away in a bag or other container for application to the land (dry weight basis). (2) After the sewage sludge has been monitored for two years at the frequency in Table 1 of § 503.16, the permitting authority may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements in § 503.32(a)(5)(ii) and (a)(5)(iii). (b) Domestic septage. If either the pathogen requirements in § 503.32(c)(2) or the vector attraction reduction requirements in § 503.33(b)(12) are met when domestic septage is applied to agricultural land, forest, or a reclamation site, each container of domestic septage applied to the land shall be monitored for compliance with those requirements. | |||
| 40:40:32.0.1.2.43.2.13.8 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.17 Recordkeeping. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42569, Aug. 4, 1999] | (a) Sewage sludge. (1) The person who prepares the sewage sludge in § 503.10(b)(1) or (e) shall develop the following information and shall retain the information for five years: (i) The concentration of each pollutant listed in Table 3 of § 503.13 in the sewage sludge. (ii) The following certification statement: I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in § 503.32(a) and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 503.33(b)(1) through § 503.33(b)(8)] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment. I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in § 503.32(a) and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in § 503.33(b)(1) through § 503.33(b)(8)] was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. 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 § 503.32(a) are met. (iv) A description of how one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) is met. (2) The person who derives the material in § 503.10 (c)(1) or (f) shall develop the following information and shall retain the information for five years: (i) The concentration of each pollutant listed in Table 3 of § 503.13 in the material. (ii) The following certification statement: I certify, under penalty of law, that … | |||
| 40:40:32.0.1.2.43.2.13.9 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | B | Subpart B—Land Application | § 503.18 Reporting. | EPA | [85 FR 69205, Nov. 2, 2020] | Class I sludge management facilities, POTWs (as defined in § 501.2 of this chapter) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more shall submit a report on February 19 of each year. As of December 21, 2016, all reports submitted in compliance with this section must be submitted electronically by the operator to EPA when the Regional Administrator is the Director in compliance with this section and 40 CFR part 3 (including, in all cases, subpart D to part 3), 40 CFR 122.22, and 40 CFR part 127. Otherwise, as of December 21, 2025, or an EPA-approved alternative date ( see 40 CFR 127.24(e) or (f)), all reports submitted in compliance with this section must be submitted electronically in compliance with this section and 40 CFR part 3 (including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22, and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing requirements for electronic reporting. Prior to the compliance deadlines for electronic reporting ( see Table 1 in 40 CFR 127.16), the Director may also require operators to electronically submit annual reports under this section if required to do so by State law. (a) The information in § 503.17(a), except the information in § 503.17(a)(3)(ii), (a)(4)(ii) and in (a)(5)(ii), for the appropriate requirements on February 19 of each year. (b) The information in § 503.17(a)(5)(ii)(A) through (G) on February 19th of each year when 90 percent or more of any of the cumulative pollutant loading rates in Table 2 of § 503.13 is reached at a land application site. | |||
| 40:40:32.0.1.2.43.3.13.1 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.20 Applicability. | EPA | (a) This subpart applies to any person who prepares sewage sludge that is placed on a surface disposal site, to the owner/operator of a surface disposal site, to sewage sludge placed on a surface disposal site, and to a surface disposal site. (b) This subpart does not apply to sewage sludge stored on the land or to the land on which sewage sludge is stored. It also does not apply to sewage sludge that remains on the land for longer than two years when the person who prepares the sewage sludge demonstrates that the land on which the sewage sludge remains is not an active sewage sludge unit. The demonstration shall include the following information, which shall be retained by the person who prepares the sewage sludge for the period that the sewage sludge remains on the land: (1) The name and address of the person who prepares the sewage sludge. (2) The name and address of the person who either owns the land or leases the land. (3) The location, by either street address or latitude and longitude, of the land. (4) An explanation of why sewage sludge needs to remain on the land for longer than two years prior to final use or disposal. (5) The approximate time period when the sewage sludge will be used or disposed. (c) This subpart does not apply to sewage sludge treated on the land or to the land on which sewage sludge is treated. | ||||
| 40:40:32.0.1.2.43.3.13.2 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.21 Special definitions. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42570, Aug. 4, 1999] | (a) Active sewage sludge unit is a sewage sludge unit that has not closed. (b) Aquifer is a geologic formation, group of geologic formations, or a portion of a geologic formation capable of yielding ground water to wells or springs. (c) Contaminate an aquifer means to introduce a substance that causes the maximum contaminant level for nitrate in 40 CFR 141.62(b) to be exceeded in the ground water or that causes the existing concentration of nitrate in ground water to increase when the existing concentration of nitrate in the ground water exceeds the maximum contaminant level for nitrate in 40 CFR 141.62(b). (d) Cover is soil or other material used to cover sewage sludge placed on an active sewage sludge unit. (e) Displacement is the relative movement of any two sides of a fault measured in any direction. (f) Fault is a fracture or zone of fractures in any materials along which strata on one side are displaced with respect to strata on the other side. (g) Final cover is the last layer of soil or other material placed on a sewage sludge unit at closure. (h) Holocene time is the most recent epoch of the Quaternary period, extending from the end of the Pleistocene epoch to the present. (i) Leachate collection system is a system or device installed immediately above a liner that is designed, constructed, maintained, and operated to collect and remove leachate from a sewage sludge unit. (j) Liner is soil or synthetic material that has a hydraulic conductivity of 1 × 10 −7 centimeters per second or less. (k) Lower explosive limit for methane gas is the lowest percentage of methane gas in air, by volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure. (l) Qualified ground-water scientist is an individual with a baccalaureate or post-graduate degree in the natural sciences or engineering who has sufficient training and experience in ground-water hydrology and related fields, as may be demonstrated by State registration, professional certification, or completion o… | |||
| 40:40:32.0.1.2.43.3.13.3 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.22 General requirements. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42570, Aug. 4, 1999] | (a) No person shall place sewage sludge on an active sewage sludge unit unless the requirements in this subpart are met. (b) An active sewage sludge unit located within 60 meters of a fault that has displacement in Holocene time; located in an unstable area; or located in a wetland, except as provided in a permit issued pursuant to either section 402 or 404 of the CWA, shall close by March 22, 1994, unless, in the case of an active sewage sludge unit located within 60 meters of a fault that has displacement in Holocene time, otherwise specified by the permitting authority. (c) The owner/operator of an active sewage sludge unit shall submit a written closure and post closure plan to the permitting authority 180 days prior to the date that the active sewage sludge unit closes. The plan shall describe how the sewage sludge unit will be closed and, at a minimum, shall include: (1) A discussion of how the leachate collection system will be operated and maintained for three years after the sewage sludge unit closes if the sewage sludge unit has a liner and leachate collection system. (2) A description of the system used to monitor for methane gas in the air in any structures within the surface disposal site and in the air at the property line of the surface disposal site, as required in § 503.24(j)(2). (3) A discussion of how public access to the surface disposal site will be restricted for three years after the last sewage sludge unit in the surface disposal site closes. (d) The owner of a surface disposal site shall provide written notification to the subsequent owner of the site that sewage sludge was placed on the land. | |||
| 40:40:32.0.1.2.43.3.13.4 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.23 Pollutant limits (other than domestic septage). | EPA | (a) Active sewage sludge unit without a liner and leachate collection system. (1) Except as provided in § 503.23 (a)(2) and (b), the concentration of each pollutant listed in Table 1 of § 503.23 in sewage sludge placed on an active sewage sludge unit shall not exceed the concentration for the pollutant in Table 1 of § 503.23. Table 1 of § 503.23—Pollutant Concentrations—Active Sewage Sludge Unit Without a Liner and Leachate Collection 1 Dry weight basis. (2) Except as provided in § 503.23(b), the concentration of each pollutant listed in Table 1 of § 503.23 in sewage sludge placed on an active sewage sludge unit whose boundary is less than 150 meters from the property line of the surface disposal site shall not exceed the concentration determined using the following procedure. (i) The actual distance from the active sewage sludge unit boundary to the property line of the surface disposal site shall be determined. (ii) The concentration of each pollutant listed in Table 2 of § 503.23 in the sewage sludge shall not exceed the concentration in Table 2 of § 503.23 that corresponds to the actual distance in § 503.23(a)(2)(i). Table 2 of § 503.23—Pollutant Concentrations—Active Sewage Sludge Unit Without a Liner and Leachate Collection System That Has a Unit Boundary to Property Line Distance Less Than 150 Meters 1 Dry weight basis. (b) Active sewage sludge unit without a liner and leachate collection system—site-specific limits. (1) At the time of permit application, the owner/operator of a surface disposal site may request site-specific pollutant limits in accordance with § 503.23(b)(2) for an active sewage sludge unit without a liner and leachate collection system when the existing values for site parameters specified by the permitting authority are different from the values for those parameters used to develop the pollutant limits in Table 1 of § 503.23 and when the permitting authority determines that site-specific pollutant limits are appropriate for the active sewage sludge unit. (2) The concentrati… | ||||
| 40:40:32.0.1.2.43.3.13.5 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.24 Management practices. | EPA | (a) Sewage sludge shall not be placed on an active sewage sludge unit if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat. (b) An active sewage sludge unit shall not restrict the flow of a base flood. (c) When a surface disposal site is located in a seismic impact zone, an active sewage sludge unit shall be designed to withstand the maximum recorded horizontal ground level acceleration. (d) An active sewage sludge unit shall be located 60 meters or more from a fault that has displacement in Holocene time, unless otherwise specified by the permitting authority. (e) An active sewage sludge unit shall not be located in an unstable area. (f) An active sewage sludge unit shall not be located in a wetland, except as provided in a permit issued pursuant to section 402 or 404 of the CWA. (g)(1) Run-off from an active sewage sludge unit shall be collected and shall be disposed in accordance with National Pollutant Discharge Elimination System permit requirements and any other applicable requirements. (2) The run-off collection system for an active sewage sludge unit shall have the capacity to handle run-off from a 24-hour, 25-year storm event. (h) The leachate collection system for an active sewage sludge unit that has a liner and leachate collection system shall be operated and maintained during the period the sewage sludge unit is active and for three years after the sewage sludge unit closes. (i) Leachate from an active sewage sludge unit that has a liner and leachate collection system shall be collected and shall be disposed in accordance with the applicable requirements during the period the sewage sludge unit is active and for three years after the sewage sludge unit closes. (j)(1) When a cover is placed on an active sewage sludge unit, the concentration of methane gas in air in any structure within the surface disposal site shall not exceed 25 percent of the lower explosive limit for methane gas duri… | ||||
| 40:40:32.0.1.2.43.3.13.6 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.25 Operational standards—pathogens and vector attraction reduction. | EPA | (a) Pathogens—sewage sludge (other than domestic septage). The Class A pathogens requirements in § 503.32(a) or one of the Class B pathogen requirements in § 503.32 (b)(2) through (b)(4) shall be met when sewage sludge is placed on an active sewage sludge unit, unless the vector attraction reduction requirement in § 503.33(b)(11) is met. (b) Vector attraction reduction—sewage sludge (other than domestic septage). One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(11) shall be met when sewage sludge is placed on an active sewage sludge unit. (c) Vector attraction reduction—domestic septage. One of the vector attraction reduction requirement in § 503.33 (b)(9) through (b)(12) shall be met when domestic septage is placed on an active sewage sludge unit. | ||||
| 40:40:32.0.1.2.43.3.13.7 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.26 Frequency of monitoring. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42570, Aug. 4, 1999] | (a) Sewage sludge (other than domestic septage). (1) The frequency of monitoring for the pollutants in Tables 1 and 2 of § 503.23; the pathogen density requirements in § 503.32(a) and in § 503.32(b)(2); and the vector attraction reduction requirements in § 503.33(b)(1) through (b)(4) and § 503.33(b)(7) through (b)(8) for sewage sludge placed on an active sewage sludge unit shall be the frequency in Table 1 of § 503.26. Table 1 of § 503.26—Frequency of Monitoring—Surface Disposal 1 Amount of sewage sludge placed on an active sewage sludge unit (dry weight basis). (2) After the sewage sludge has been monitored for two years at the frequency in Table 1 of this section, the permitting authority may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements in § 503.32(a)(5)(ii) and (a)(5)(iii). (b) Domestic septage. If the vector attraction reduction requirements in § 503.33(b)(12) are met when domestic septage is placed on an active sewage sludge unit, each container of domestic septage shall be monitored for compliance with those requirements. (c) Air. Air in structures within a surface disposal site and at the property line of the surface disposal site shall be monitored continuously for methane gas during the period that the surface disposal site contains an active sewage sludge unit on which the sewage sludge is covered and for three years after a sewage sludge unit closes when a final cover is placed on the sewage sludge. | |||
| 40:40:32.0.1.2.43.3.13.8 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.27 Recordkeeping. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42571, Aug. 4, 1999] | (a) When sewage sludge (other than domestic septage) is placed on an active sewage sludge unit: (1) The person who prepares the sewage sludge shall develop the following information and shall retain the information for five years. (i) The concentration of each pollutant listed in Table 1 of § 503.23 in the sewage sludge when the pollutant concentrations in Table 1 of § 503.23 are met. (ii) The following certification statement: I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in (insert § 503.32(a), § 503.32(b)(2), § 503.32(b)(3), or § 503.32(b)(4) when one of those requirements is met) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) if one of those requirements is met) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment. I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in (insert § 503.32(a), § 503.32(b)(2), § 503.32(b)(3), or § 503.32(b)(4) when one of those requirements is met) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) if one of those requirements is met) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment. (iii) A description of how the pathogen requirements in § 503.32 (a), (b)(2), (b)(3), or (b)(4) are met when one of those requirements is met. (iv) A description of how one of the… | |||
| 40:40:32.0.1.2.43.3.13.9 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | C | Subpart C—Surface Disposal | § 503.28 Reporting. | EPA | [85 FR 69205, Nov. 2, 2020] | Class I sludge management facilities, POTWs (as defined in 40 CFR 501.2) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more shall submit a report on February 19 of each year. As of December 21, 2016, all reports submitted in compliance with this section must be submitted electronically by the operator to EPA when the Regional Administrator is the Director in compliance with this section and 40 CFR part 3 (including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22, and 40 CFR part 127. Otherwise, as of December 21, 2025, or an EPA-approved alternative date ( see 40 CFR 127.24(e) or (f)), all reports submitted in compliance with this section must be submitted electronically in compliance with this section and 40 CFR part 3 (including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22, and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing requirements for electronic reporting. Prior to the compliance deadlines for electronic reporting (see Table 1 in 40 CFR 127.16), the Director may also require operators to electronically submit annual reports under this section if required to do so by state law. | |||
| 40:40:32.0.1.2.43.4.13.1 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | D | Subpart D—Pathogens and Vector Attraction Reduction | § 503.30 Scope. | EPA | (a) This subpart contains the requirements for a sewage sludge to be classified either Class A or Class B with respect to pathogens. (b) This subpart contains the site restrictions for land on which a Class B sewage sludge is applied. (c) This subpart contains the pathogen requirements for domestic septage applied to agricultural land, forest, or a reclamation site. (d) This subpart contains alternative vector attraction reduction requirements for sewage sludge that is applied to the land or placed on a surface disposal site. | ||||
| 40:40:32.0.1.2.43.4.13.2 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | D | Subpart D—Pathogens and Vector Attraction Reduction | § 503.31 Special definitions. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42571, Aug. 4, 1999] | (a) Aerobic digestion is the biochemical decomposition of organic matter in sewage sludge into carbon dioxide and water by microorganisms in the presence of air. (b) Anaerobic digestion is the biochemical decomposition of organic matter in sewage sludge into methane gas and carbon dioxide by microorganisms in the absence of air. (c) Density of microorganisms is the number of microorganisms per unit mass of total solids (dry weight) in the sewage sludge. (d) Land with a high potential for public exposure is 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 (e.g, a construction site located in a city). (e) Land with a low potential for public exposure is 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 (e.g., a strip mine located in a rural area). (f) Pathogenic organisms are disease-causing organisms. These include, but are not limited to, certain bacteria, protozoa, viruses, and viable helminth ova. (g) pH means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 °Centigrade or measured at another temperature and then converted to an equivalent value at 25 °Centigrade. (h) Specific oxygen uptake rate (SOUR) is the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the sewage sludge. (i) Total solids are the materials in sewage sludge that remain as residue when the sewage sludge is dried at 103 to 105 degrees Celsius. (j) Unstabilized solids are organic materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process. (k) Vector attraction is the characteristic of sewage sludge that attracts rodents, flies, mosquitos, or other organisms capable of transporting infectious agents. (l) Volatile solids is the amount of the total solids in sewage sludge lost when the sewa… | |||
| 40:40:32.0.1.2.43.4.13.3 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | D | Subpart D—Pathogens and Vector Attraction Reduction | § 503.32 Pathogens. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42571, Aug. 4, 1999] | (a) Sewage sludge—Class A. (1) The requirement in § 503.32(a)(2) and the requirements in either § 503.32(a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) shall be met for a sewage sludge to be classified Class A with respect to pathogens. (2) The Class A pathogen requirements in § 503.32 (a)(3) through (a)(8) shall be met either prior to meeting or at the same time the vector attraction reduction requirements in § 503.33, except the vector attraction reduction requirements in § 503.33 (b)(6) through (b)(8), are met. (3) Class A—Alternative 1. (i) Either the density of fecal coliform in the sewage sludge shall be less than 1000 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 four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed; at the time the sewage sludge is prepared for sale or give away 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 § 503.10 (b), (c), (e), or (f). (ii) The temperature of the sewage sludge that is used or disposed shall be maintained at a specific value for a period of time. (A) When the percent solids of the sewage sludge is seven percent or higher, the temperature of the sewage sludge shall be 50 degrees Celsius 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 = temperature in degrees Celsius. Where, D = time in days. t = temperature in degrees Celsius. (B) When the percent solids of the sewage sludge is seven percent 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 5… | |||
| 40:40:32.0.1.2.43.4.13.4 | 40 | Protection of Environment | I | O | 503 | PART 503—STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE | D | Subpart D—Pathogens and Vector Attraction Reduction | § 503.33 Vector attraction reduction. | EPA | [58 FR 9387, Feb. 19, 1993, as amended at 64 FR 42571, Aug. 4, 1999] | (a)(1) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(10) shall be met when bulk 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 § 503.33 (b)(1) through (b)(8) shall be met when bulk sewage sludge is applied to a lawn or a home garden. (3) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(8) shall be met when sewage sludge is sold or given away in a bag or other container for application to the land. (4) One of the vector attraction reduction requirements in § 503.33 (b)(1) through (b)(11) shall be met when sewage sludge (other than domestic septage) is placed on an active sewage sludge unit. (5) One of the vector attraction reduction requirements in § 503.33 (b)(9), (b)(10), or (b)(12) shall be met when domestic septage is applied to agricultural land, forest, or a reclamation site and one of the vector attraction reduction requirements in § 503.33 (b)(9) through (b)(12) shall be met when domestic septage is placed on an active sewage sludge unit. (b)(1) The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38 percent (see calculation procedures in “Environmental Regulations and Technology—Control of Pathogens and Vector Attraction in Sewage Sludge”, EPA-625/R-92/013, 1992, U.S. Environmental Protection Agency, Cincinnati, Ohio 45268). (2) When the 38 percent volatile solids reduction requirement in § 503.33(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 30 and 37 degrees Celsius. 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 percent, vector attraction reduction is achieved. (3) When the … |
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