EPA’s Sludge Options: Opens Dumps or Landfill Disposal

National Sludge Alliance
Charlotte Hartman, National Coordinator
180 Boston Corners Road
Millerton, NY 12546
(518) 329-2120 (phone/fax)
email: chartmannsa@taconic.net

NSA Public Fact Sheet 105

EPA’s Sludge Options: Opens Dumps or Landfill Disposal

2/15/1997

• EPA’s sewage sludge use and disposal regulation is unique; it gives municipalities the option
  of either violating the federal prohibition against open dumping of solid waste with no federal
  liability or disposing of sewage sludge in a landfill as required by federal law. (Public Facts
  #100 – #101)
• The beneficial use (open dumping) section of 503 is based on an exclusion in the Resource
  Conservation and Recovery Act for hazardous waste mixed with domestic sewage, in the
  sewer pipe, prior to treatment by a publicly owned treatment works. (Public Facts #100)
  Whereas, the surface landfill disposal section of 503 is based on provisions in federal law
  which classify sewage sludge as a solid waste that must be disposed of in a sanitary landfill?
  (Public Facts #100)
• Is there a difference between the sludge used as a fertilizer and the sludge that must be
  disposed of in a landfill? What magic transformed the sludge that must be disposed of in a
  landfill into a safe fertilizer?
• According to EPA, there is no difference in the sewage sludge for beneficial use under part
  503 and sewage sludge that must be landfilled under 503. Under part 503, EPA offers the
  municipality an option to either violate the federal prohibition against open dumping of solid
  waste or comply with the law: “When the sewage sludge is not used to condition the soil or to
  fertilize crops or vegetation grown on the land, the sewage sludge is not being land applied. It
  is being disposed of on the land. In that case, the requirements in the subpart on surface
  disposal in the final part 503 regulation must be met.” (FR. 58, p. 9330)
• One extreme difference between 503 beneficial use and 503 landfill disposal is the public
  access restrictions:
  • For beneficial use; there are no controls or restrictions placed on
    Class A “Exceptional Quality” sludge which is sold or given away to the public for use on
    lawns and gardens. (503.10 -503.13 Table 3)
  • Public access restrictions for Class A and
    Class B sewage sludge with ceiling concentrations of the 9 priority toxic pollutants in Table 1
    of 503.13 are: “(vii) Public access to land with a high potential for public exposure shall be
    restricted for one year after application of sewage sludge.” “(viii) Public access to land with a
    low potential for public exposure shall be restricted for 30 days after application of sewage
    sludge.” (503.32)
  • Whereas, for a landfill containing either Class A or B sludge; “(m)
    Public access to a surface disposal site shall be restricted for the period that the surface
    disposal site contains an active sewage sludge unit and for three years after the last active
    sewage sludge unit in the surface disposal site closes.” (503.24)
• Furthermore, EPA allows the uncontrolled distribution of “Exceptional quality sewage sludge
  with Class A Pathogen reduction for use on lawns, gardens and cropland. (503.10)
  Whereas, in a 503 landfill;
  • “(9)(iii) When sewage sludge that is injected below the
    surface is Class A with respect to pathogens, the sewage sludge shall be injected below the
    land surface within eight hours after being discharged from the pathogen treatment process.”
  • “(10)(ii) When sewage sludge that is incorporated into the soil is Class A with respect to
    pathogens, the sewage sludge shall be applied to or placed on the land within eight hours after
    being discharged from the treatment process.”
  • “(10)(i) Sewage sludge applied to the land
    surface or placed on a surface disposal site shall be incorporated into the soil within six hours
    after application to or placement on the land.” (503.33)
• Most sewage sludge used on food crops has a lower Class B pathogen reduction rating and
  yet:
  • For beneficial use;
    • “(5)(ii) Food crops with harvested parts below the
      surface of the land shall not be harvested for 20 months after application of sewage sludge
      when the sewage sludge remains on the land surface for four months or longer prior to
      incorporation into the soil.”
    • “(5)(iii) Food crops with harvested parts below the surface of
      the land shall not be harvested for 38 months after application of sewage sludge when the
      sewage sludge remains on the land surface for less than four months prior to incorporation
      into the soil.”
  • However, in any case
    • “(5)(iv) Food crops, feed crops, and
      fiber crops shall not be harvested for 30 days after application of sewage sludge.”
    • (5)(vi)
      Turf grown on land where sewage sludge is applied shall not be harvested for one year after
      Bapplication of the sewage sludge when the harvested turf is placed on
      either land with a high
      potential for public exposure or a lawn, unless otherwise specified by the permitting
      authority.” (503.32)
  • Whereas, in a 503 landfill:
    • “(k) A food crop, a feed crop,
      or a fiber crop shall not be grown on an active sewage sludge unit, unless the owner/operator
      of the surface disposal site demonstrates to the permitting authority that through management
      practices public health and the environment are protected from any reasonable anticipated
      adverse effects of pollutants in sewage sludge when crops are grown.” (503.24)
    • Furthermore, “(9)(i) Sewage sludge shall be injected below the surface of the land.”
    • “(9)(ii) No significant amount of the sewage sludge shall be present on the land surface
      within one hour after the sewage sludge is injected.”
    • “(11) Sewage sludge placed on an
      active sewage sludge unit shall be covered with soil or other material at the end of each
      operating day.” (503.33)
• However, when we compare the toxic pollutant levels in beneficial use sludge to the surface
  disposal requirements in 503, we find that, because of the pollutant concentrations, most of
  the sludge would have to be landfilled under the Solid Waste Regulations, which has even
  more stringent requirements than part 503.
• What makes “Exceptional Quality” sewage sludge with a Class A pathogen reduction rating
  safe for distribution on lawns and gardens? EPA claims it is because toxic pollutants are
  limited, yet, three pollutant limits are still above safe landfill boundary levels. (See
  comparison chart). Not only that, but EPA only directly addresses 8 out of 126 priority toxic
  pollutants in Class A “Exceptional Quality” sludge fertilizer, which have all been identified to
  cause death, disease, cancer, etc., either by direct exposure or indirect exposure through the
  food chain. Not only that, but any pollutant not listed in Table 1 or 3 of 503.13 could be in
  sludge fertilizer at designated hazardous waste levels, minus (-).001. (503.13 Table 3,
  503.9(t))

The 25 meter perimeter boundary of a landfill would encompass an area larger than most home lawns and gardens.

• Furthermore, the former chromium limit of 3000 mg/kg has now been deleted from Class A
  and Class B pollutant concentration limits for sewage sludge used on food crops and where
  only a few people would be directly exposed to the harmful effects of the pollutants on crop
  production land. (503.13 Table 1) In effect, the maximum Chromium concentration in
  beneficial use sewage sludge is now unlimited, or at least, unlimited to the hazardous waste
  concentration minus (-).001 vs the maximum 503 landfill concentration of 600 mg/kg.
  (503.6(e), 503.23 Table 1).
• There is also a major difference between sludge use and disposal boundary restrictions:
  • For beneficial use, sludge may be applied to agricultural land, forest or a reclamation
    site at 99% liquid at a distance of 10 meters from the waters of the United States (i.e., streams,
    rivers and lakes). (503.14(c).
  • Whereas, for a landfill;
    • “(g)(2) The run-off
      collection system for an active sewage sludge unit shall have the capacity to handle run-off
      from a 24-hours, 25-year storm event.”
    • “(g)(1) Run-off from an active sewage sludge unit
      shall be collected and shall be disposed in accordance with National Pollutant Discharge
      Eliminating System permit requirements and any other applicable requirements.”
      (503.24)
• Contamination of grazing animals can be a problem on sewage sludge sites:
  • For
    beneficial Use; “(v) Animals shall not be allowed to graze on the land for 30 days after
    application of sewage sludge.” (503.32)
  • Whereas, for a landfill; “(l) Animals shall not be
    grazed on an active sewage sludge unit, unless the owner/operator of the surface disposal site
    demonstrates to the permitting authority that through management practices public health and
    the environment are protected from any reasonable anticipated adverse effects of pollutants in
    sewage sludge when animals are grazed.” (503.24)
• EPA has ignored the closure of beneficial use sewage sludge application sites:
  • For
    beneficial Use; records must be kept for 5 years,. However, after five years the land loading
    limits could be applied again, yet, there are no closure requirements after the land loading
    limits have been reached the first time for any one of the 8 toxic pollutants in sludge
    (addressed in 503.13) and no closure access restrictions pass 30 days for low public exposure
    contact sites. (503.12, 503.32(b)(5)((viii)
  • Whereas, for a landfill; The owner/operator is
    required to submit a written closure and post closure plan, and monitor methane in the air at
    the property line for three years, and restrict public access for three years after the site is
    closed. (503.22 (m))
• A potential devastating problem for future owners of sewage sludge application sites is land
  transfers:
  • For beneficial Use; There are no restrictions on land transfers after the
    maximum land loading limits have been reached, and according to EPA, even if the site could
    be designated a Superfund site, there would be no Comprehensive Environmental Response
    and Compensation Liability Act (CERCLA) responsibilities for anyone involved., including
    the seller (FR. 58, p. 9262 – Public Facts 101)
  • Whereas, for landfills; “(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.” (503.23) (CERCLA does apply to landfills, FR.
    56, p. 51092)
• The real question is, Why would EPA give municipalities the option of violating the federal
  prohibition against open dumping under an exclusion in federal law, rather than require sludge
  disposal in a solid waste landfill to protect public health and the environment as required?
  -LSI-