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Clean Water Advocacy Newsroom

Clean Water Advocacy - Newsroom - AMSA in the News

No. 63
Tuesday, April 2, 2002 Page A-5
ISSN 1521-9402
News

Water Pollution
Sludge Rule to Be Delayed Until 2003; EPA to Issue Notice on New Data for Review

A final rule governing the land application of sewage sludge will be delayed until late 2003 to give the Environmental Protection Agency and the public time to consider new data on concentrations of dioxins and dioxin-like compounds, an agency official said April 1.
Under a consent agreement with environmental groups and municipal wastewater treatment officials, the agency was to have issued the rule under Section 405(d) of the Clean Water Act by April 1 (Gearhart v. Whitman, D. Ore., CIV-89-6266, 3/1/02).
Alan Hais, associate director of the Health and Ecological Criteria Division of the EPA Office of Water, told BNA the agency expects to issue a notice of data availability later this spring. It will contain new information from an Association of Metropolitan Sewerage Agencies survey as well as data from EPA and an assessment of the risks posed by dioxins in the environment, he said.
The agencywide reassessment of dioxins and their effect on human health has been ongoing for 10 years but has not been made final, although it could be released later this spring, agency and industry officials have said. The sludge regulations are being closely watched because they are viewed as a "bellwether" rule incorporating EPA's updated information on dioxins, an industry official told BNA.
The agency's dioxin reassessment is expected to show dioxins to be significantly more potent as a cancer causing agent than previously thought, the industry official said. This makes the sludge rule even more compelling because the regulation applies to land application where the potential for human exposure is greater than it is for other pollutants, one official said.
In December 1999, EPA proposed to prohibit the land application of sludge with dioxin concentrations exceeding 300 parts per trillion (242 DEN A-8, 12/17/99).
The AMSA study, 2000/2001 Survey of Dioxin-like Compounds in Biosolids: A Statistical Analysis, showed that the mean concentration of dioxins in biosolids is much lower than a threshold level proposed by EPA in 1999.
The survey looked at information from 171 publicly owned treatment works and found the median concentration of dioxins and dioxin-like compounds was 21.7 ppt-TEQ, or total toxic equivalent body burden. The 200 samples showed a range of concentrations from 7.1 ppt-TEQ to 256 ppt-TEQ (229 DEN A-3, 11/30/01). TEQs are an internationally recognized approach to evaluating the toxicity of dioxins.
The dioxins and dioxin-like compounds include seven polychlorinated dibenzo-p-dioxins, 10 polychlorinated dibenzofurans, and 12 dioxin-like coplanar polychlorinated biphenyls.
The agency has also done its own survey on dioxin concentrations in sludge, which will be included in the upcoming notice of data availability.
The agreement extending the deadline and spelling out other details had not been filed with the U.S. District Court for the District of Oregon April 1 and therefore was not publicly available.


By Susan Bruninga