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Clean Water Advocacy - Newsroom - AMSA in the News

Rule on Use of Treated Sludge as Fertilizer Expected to Be Finalized by EPA Today

A final action setting parameters for treated sewage sludge that is applied to land as a fertilizer will be signed by the Environmental Protection Agency Oct. 17, agency officials said.
In 1999, EPA proposed the so-called Part 503 rule, which would have limited the land application of sewage sludge if it contained more than 300 parts per trillion (ppt) toxic equivalents of dioxins (64 Fed. Reg. 72,045; 242 DEN A-8, 12/17/99).

Toxic equivalents are an internationally recognized approach to evaluating the toxicity of dioxins. The agency is under court order to make a final determination on that proposal by Oct. 17.

EPA is required under Section 405 of the Clean Water Act to set minimum management standards for sludge that "protect public health and the environment from any reasonably anticipated adverse effects of each pollutant."

Alan B. Rubin, in the health and ecological criteria division of the EPA Office of Water, told BNA Oct. 15 the agency will either retain the 300 ppt limit or take no action at all, although other options are possible. He would not say what the agency planned to do.

The issue is especially important to municipalities that view land application as an economical, efficient, and safe way to dispose of treated sludge from their wastewater treatment plants. They have submitted data to EPA showing that concentrations of dioxins in treated sludge have been declining and do not present a significant risk to human health and the environment.

The Association of Metropolitan Sewerage Agencies has said that few samples of treated sludge, also known as biosolids, show dioxin levels in excess of 100 ppt of toxic equivalents of dioxins.

Therefore, AMSA said in September 2002 comments on a notice of data availability, "[A] regulatory limit or threshold that restricts the application of biosolids with dioxins concentrations above these levels would have little or no impact on decreasing the overall risks."

Environmental advocates disagreed, calling the 300 ppt limit unacceptably high.

"Dioxins are among the most toxic substances on Earth, and land-applied sewage sludge is the largest source of dioxin exposure in the United States after backyard barrel burning," the Natural Resources Defense Council said in an Oct. 16 statement.