The Sludge Hits the Fan

EPA Proposes to Re-define Sludge Composts as Organic

By Sue Smith-Heavenrich

            The US EPA has proposed changes to Federal regulations that would lump sewage sludge composts in with Organic composts, and label them all “compost made from recovered organic materials”.

On December 10, 2003, the EPA proposed an amendment to the 1995 Comprehensive Procurement Guideline under the Resource Conservation and Recovery Act (RCRA) and the Executive Order “Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition”.  Specifically, what the EPA is asking is that the current compost designation be changed to include compost made from sewage sludge or manure.  The EPA also wants to consolidate all compost designations under one category: compost made from recovered organic materials.

Once the EPA designates an item, any procuring agency that uses federal funds to obtain that item must purchase the item containing the highest percentage of recoverable materials as is practical.  The EPA admits, in its summary, that the purpose of this amendment is to foster markets for materials recovered from solid waste.

"This is a back door attempt to make sludge acceptable after the defeat of inserting it into the organic standards," notes Charlotte Hartman, Coordinator for the National Sludge Alliance. "The EPA and sludge industry will do anything to make sludge appear harmless."

Sludge composts are not appropriate for all uses that non-sludge composts may be used for, such as playgrounds and sports fields.  Sludge-based soil amendments contain significant concentrations of heavy metals, radionuclides, PCB’s, dioxin and a host of industrial chemicals.  In addition to commercial and industrial waste, the EPA also allows landfill leachates and treated Superfund wastes to be disposed of in local treatment plants.

Making Sludge Organic with Word-Magic

Sludge products are excluded from use in organic agriculture, by regulations under the National Organic Standards.  However, the EPA seems to be purposefully muddying the waters in their proposed amendment.  In the section titled “Fertilizers Made From Recovered Organic Materials” they state, “Many sources of organic matter are available for the production of organic fertilizers, including plant and animal by-products, manure-based/biosolid products, and rock and mineral powders.”

They make no distinction between organic matter (stuff containing carbon molecules) and Organic material (those things that are allowable under National Organic Standards).  In the next breath they continue, “Organic fertilizers can be used to replace traditional chemical fertilizers in various applications &ldots;”

In all fairness, if you know what to look for there is a paragraph that refers to the Organic Materials Review Institute (OMRI) and their lists of materials allowed and prohibited for use in organic production.  But it ends with, “&ldots; a state may prohibit the use of organic fertilizer made with biosolids on agricultural food crops.”  Sort of disingenuous when one considers that the National Standards prohibit sludge in organic agriculture, but hey!  Who’s looking in the rule book?

            The very next sentence reads, “&ldots; as mentioned above, biosolids can be used in the production of organic fertilizer &ldots;” and refers you to the 503 Rules.  Last but not least, section 247.3 contains the new, improved and revised definition for organic fertilizer.  “Organic fertilizer is a single or blended substance, made from organic matter such as plant and animal by-products, manure-based/biosolid products, and rock and mineral powders &ldots;.”

EPA Invites Your Comments

            Whether you are an organic farmer, a gardener, or a soccer mom, you can let the EPA know what you think of their attempt to “greenwash” sludge by calling it organic compost.  The EPA is accepting public comments on this proposed rule until February 4, 2004.  You may submit your comments electronically by logging onto www.epa.gov/edocket and following the on-line instructions.  This allows you to comment anonymously.  Or you may submit your comments by e-mail to rcra-docket@epa.gov .  In the subject heading put the docket ID number (RCRA-2003-0005).  You may mail comments to: OSWER Docket Center, Environmental Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave NW, Washington, DC 20460.  Head your comments: Attention Docket ID No. RCRA 2003-0005.

            The folks at the EPA have even written a few helpful hints to the would-be comment-sender.  Explain your views clearly, they suggest.  Provide useful data, cite studies, or give specific illustrations that back up your views.  Then, if you can, offer an alternative.

To read the proposed rule in its entirety, go to http://www.epa.gov/fedrgst/EPA-WASTE/2003/December/Day-10/f30266.htm

Copyright 2004