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Dioxins in Sludge Will Not Be Regulated Because of Low Cancer Risk, EPA Decides

Concentrations of dioxins in sewage sludge will not be regulated because the potential risk of new cancer cases from exposure to the contaminant is low, the Environmental Protection Agency announced Oct. 17.
The agency concluded that only 0.22 new cases of cancer would be expected for the most exposed individuals over a lifetime, according to Geoffrey Grubbs, director of science and technology in the EPA Office of Water. This was based on an analysis that considered the potential exposure to dioxins of a "theoretical farm family" that consumed meat and vegetables from its own land whose soil had been "enhanced" by sewage sludge. Grubbs said the agency estimated that about 11,000 people "at the high end" fit the profile of this most-exposed theoretical family.

The risk to the general population is even lower, with an incremental cancer rate of about two cases per 100 million people over a lifetime, Grubbs said.

EPA proposed in 1999 to prohibit the land application of sludge with concentrations of more than 300 parts per trillion toxic equivalents for dioxins (64 Fed. Reg. 72,045; 242 DEN A-8, 12/17/99).


'Intensive Analysis and Evaluation.'

"After five years of intensive analysis and evaluation, we decided not to regulate dioxin in sewage sludge applied to land," Grubbs told reporters. "The reason is basically that the risk of new cancer cases is substantially smaller than for the other chemicals we regulate."
Section 405 of the Clean Water Act directs EPA to assess the potential risks of pollutants contained in sewage sludge and develop management standards. The first round of regulations (40 CFR 503) were set in 1993 and addressed metals, certain organics, and other pollutants for which the agency had adequate information. The second round of regulations called on the agency to look at other pollutants including dioxins.

The Oct. 17 final decision addresses dioxins and dioxin-like compounds including seven polychlorinated dibenzo-p-dioxins, 10 polychlorinated dibenzofurans, and 12 dioxin-like coplanar polychlorinated biphenyls.

EPA's analysis was based on a peer-reviewed model that considered different pathways for dioxin exposure, including inhalation.


Outrage From Environmental Groups

Environmental groups expressed outrage at the decision, saying dioxins are some of the most potent carcinogens and that land-applied sludge is the second leading source of the contaminant after backyard barrel burning, common in some rural areas.
"Dioxins cause cancer and diabetes, as well as nervous system and hormonal problems," Nancy Stoner, director of the Natural Resource Defense Council's Clean Water Project, said. "EPA is required by law to protect the public from toxic pollutants like dioxins. This decision shows the agency under this administration has forgotten its mission."

Grubbs said EPA first began to study dioxins in sewage sludge in 1988 with a review of about 188 sewage treatment plants. At the time, the data showed that median concentrations of dioxins in sewage sludge was about 50 parts per trillion, he said. This data was updated in EPA's 2001 Dioxin Update Survey, which showed an average or mean concentration of dioxins in treated sludge of 31.6 ppt.

The Association of Metropolitan Sewerage Agencies, which represents the largest wastewater treatment plants, issued its own 2000/2001 Survey of Dioxin-like Compounds in Biosolids: A Statistical Analysis, showing average levels at around 48 ppt toxic equivalent or TEQ. The AMSA survey showed the median concentration was 21.7 ppt-TEQ. The 200 samples showed a range of concentrations from 7.1 ppt-TEQ to 256 ppt-TEQ. One sample came in at about 3,590 ppt, the survey said.


Dioxins Down 90 Percent

Grubbs said dioxins in the environment have declined dramatically--about 90 percent--since the late 1980s largely because of EPA's regulatory efforts. For example, the agency issued maximum achievable control technology standards under the Clean Air Act for hazardous waste incinerators in 1999 that were expected to cut dioxins emissions by about 70 percent. Another rule was published under the Resource Conservation and Recovery Act to control cement kiln dust, also a source of dioxins, Grubbs said.
Large municipal waste combustors reduced emissions of dioxins and furans by about 99 percent because of MACT standards issued in 1995, EPA said in a June 2002 memo (122 DEN A-3, 6/25/02).

"The broad subject of dioxins is something the agency has been concerned about for a long time," Grubbs said.

NRDC said that while the amount of dioxins in sewage sludge seems to have been decreasing over time, its presence in the food supply has been relatively constant because it has accumulated in the soil and in animal and human fat. Moreover, the agency should also consider the non-cancer risks associated with exposure to sludge with dioxins in it.

"The EPA itself has said the non-cancer risks of dioxins are so high that it can't even calculate a 'safe' or acceptable level of exposure," Stoner said. "To us that says EPA should keep dioxins out of our food, and that means, among other things, regulating sewage sludge."

Grubbs said the agency considered "other possible effects" but that no peer-reviewed methodology exists for quantifying the "non-cancer risks for this set of contaminants."