Today the federal National Research Council issued a report on the Environmental Protection Agency's human health standards for sludge use. (The report is available at http://www.national-academies.org). Sen. Chuck Grassley wrote to the EPA in February expressing concern about the integrity of the scientific process for making regulations on biosolids, commonly known as sludge. Class B sludge contains detectible levels of pathogens, or disease-causing organisms. The bacteria, viruses, protozoa and worms include listeria, hepatitis, cryptosporidium and tape worms. Grassley made the following statement about the report and EPA:
"After seeing this report, I'm concerned that the public simply has to take the EPA's word, based on decade-old science, that sludge regulations are sufficient to protect public safety. The science for sludge regulations is so old that the EPA has no idea if the rules for pathogens and chemicals in sludge are accurate. I agree with the report that there's a ‘critical need' to update the science behind the regulations. The EPA has maintained that sludge is safe without conducting any scientific studies of exposure on farmers and others who handle sludge and without conducting a national survey of pathogens and chemicals in sludge. The report says, even with the outdated science and regulations, the EPA has made little to no effort to enforce its regulations and ensure compliance. I intend to follow up with the EPA to make sure this report and its recommendations don't sit on the shelf like the National Research Council's last report on sludge in 1996, which the EPA has largely ignored."
Grassley's February letter to the EPA follows.
For Immediate Release
Thursday, February 7, 2002
WASHINGTON — Based on health and safety concerns contained in an internal draft report by the watchdog for the Environmental Protection Agency, Sen. Chuck Grassley today asked the agency administrator to review regulations, provide information about potential risks to the public, and protect federal workers who raise questions about the government's current policies on the use of recycled sewage in suburban and rural America.
A copy of Grassley's letter to EPA Administrator Christine Todd Whitman follows here.
February 7, 2002
The Honorable Christine Todd Whitman
Administrator
Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
Via facsimile: (202) 501-1540
Dear Administrator Whitman:
I am writing to express my concern about the integrity of the scientific process at the Environmental Protection Agency (EPA), particularly the regulations regarding biosolids, commonly known as sludge.
It is my understanding that scientists and others at EPA have questioned whether regulations for the use and disposal of "Class B" sludge properly take the public's safety into account. The concern is focused on EPA regulation "Standard for the Use of Disposal of Sewage Sludgem," 40 CFR Part 503, known as "Rule 503."
Furthermore, EPA for several years has been aware that more research must be done to determine the level of danger this sludge poses to nearby residents, according to several studies and reports, including an Oct. 26, 2001 EPA Office of Inspector General draft status report entitled, "Water Program: Land Application of Biosolids."
More specifically, it appears uncertain if people who work or live near sludge-laden land have sufficient warning about the hazards, such as salmonella, Hepatitis A or e coli. As a farmer and Senator who has many constituents living in rural areas, I am especially concerned that EPA's regulations could put such people at risk. It is also alarming that the internal report suggests EPA's policies and regulations for such hazardous materials are not based upon thorough, scientific examinations.
As you know, EPA estimates that 7.5 million dry metric tons of sewage are generated annually. Sludge is often used as fertilizer Class B is the category of sludge which contains detectible levels of disease-causing organisms (bacteria and viruses) such as, tape worms, typhoid and Staphylococcus aureus, a pathogen that tends to invade burned or chemically damaged tissue.
I ask that you work to ensure all those who live near locations where sludge has been applied be informed of the potential hazards and symptoms which this toxic material can cause.
I also request you make certain that EPA's guidelines and regulations – particularly those dealing with pathogens in sludge – are based on sound, scientific process.
And last, I ask that you guarantee no retaliatory action is taken against any EPA employees, including scientists, who are raising concern about whether's EPA's standards for sludge are safe.
I am sure you agree with me that policymakers, Congress and most importantly the public should have a full understanding of this matter, and relevant information should not be withheld from the discussion.
Because of the health and safety concerns surrounding this issue I request your reply by Monday, Feb. 25. I thank you in advance for your cooperation with this matter. If you or your staff have any questions, please contact John Drake of my staff at (202) 224-5315.
Sincerely,
Charles E. Grassley
United States Senator