Regulations and OIG* and Impact on Biosolids Master Planning

Laura A. Boczek – Microbiologist US EPA, Office of Research and Development

Residuals and Biosolids Conference Workshop B “Developing a Comprehensive Biosolids/Residuals Program: “Think Beyond Class B Sludge”

May 7, 2019

StatuteClean Water Act (CWA)Enacted October 18, 1972 (PL 92-500)

Section 405 sets the framework for sewage sludge regulations (i.e., Part 503)

Establish numeric limits and management practices that protect public health and the environment from the reasonably anticipated adverse effects of chemical and microbial pollutants during the use or disposal of sewage sludge.

Review biosolids (sewage sludge) regulations every two years to identify additional toxic pollutants that occur in biosolids (i.e., biennial reviews) and set regulations for those pollutants if sufficient scientific evidence shows they may harm human health or the environment.

40 CFR Part 503Self-implementing rule

• Federally enforceable without a permit• Minimal standards for use or disposal

States have adopted Part 503 or something more restrictive• Typically additional requirements address environmentally sensitive areas

(e.g., shallow ground water)• Eight states formally delegated (SD, UT, OK, WI, TX, AZ, OH, MI)

Choice of use or disposal practice is a local decision

Effective management practices help support the needs of local communities

• Renewable resource• Too valuable to waste

40 CFR 503Pathogens / Indicator Organisms

Microbial standards Technology based Salmonella sp., fecal coliforms, enteric viruses,

viable helminth ova

Class A: 6 alternatives <1000 fecal coliform MPN / g (dry weight) or

<3 salmonellae MPN / 4 g (dry weight) and PFRP, defined process, PFRP equivalent, or pre/post to show

o <1 PFU enterovirus / 4 g (dry weight)o <1 viable helminth ova / 4 g (dry weight)

Class B: 3 alternatives Use of a PSRP or equivalent process or <2

million fecal coliform / g (dry weight)

Vector Attraction ReductionEmploy one of the following examples:

• Biological processes that break down volatile solids, reducing available nutrients for microbial activities and odor producing potential 38 % VS reduction via treatment

• Chemical or physical conditions that stop microbial activity Alkali to raise pH to at least 12

• Physical barriers between vectors and volatile solids in the sewage sludge Soil barrier

Class A MaterialsSummary of the 6 alternatives for Class A Pathogen Requirements

Alternative 1: Thermally Treated Biosolids Biosolids must be subjected to 1 of 4 time and temperature regimes

Alternative 2: Biosolids Treated in a High pH – High Temperature Process

Biosolids must meet specific criteria with respect to pH, temperature, and air-drying

Alternative 3: Biosolids treated in other processes Process must show ability to reduce enteric viruses, viable Helminth ova, along with maintenance of operating conditions

Alternative 4: Biosolids treated in unknown processes Biosolids are tested for all pathogens and meet fecal coliform or Salmonella requirements at the time of use or disposal

Alternative 5: Biosolids treated in a PFRP Biosolids must be treated in one of the processes to further reduce pathogens(PFRP) (composting, heat drying, heat treatment, thermophilic aerobic digesting, beta ray, gamma ray irradiation and pasteurization)

Alternative 6: Biosolids treated in a Process Equivalent to a PFRP

Biosolids must be equivalent to one of the PFRPs as determined by the permitting authority

Class B Materials

Summary of the 3 alternatives for Class B biosolids with respect to pathogens

Alternative 1: The monitoring of Indicator Organisms

Fecal coliform densities must be less than 2 million MPN or CFU/ g total solids at the time of disposal

Alternative 2: Biosolids treated in a process to significantly reduce pathogens(PSRP)

One of the following treatments must be used on biosolid material: Aerobic digestion, Air drying, Anaerobic digestion, Composting, and Lime Stabilization

Alternative 3: Biosolids treated in a process equivalent to a PSRP

Biosolids must be treated in a manner that is equivalent to one of the PSRP’s in Alt 2 as deemed by the permitting authority

Regulatory Updates

Meeting CWA Requirements• The Standards for the Use or Disposal of Sewage Sludge

(40 CFR Part 503) were published on February 19, 1993.

• Identify pollutants in biosolids through:o Biennial Reviewso Sewage Sludge Surveys (1988, 2001, 2006)

• If a pollutant is identified in biosolids and there are sufficient data available, the pollutant is screened for potential risk.

• If the pollutant exceeds a level of concern during screening, then a refined risk assessment is conducted to determine risk to public health and the environment.

• If risk is determined, then the EPA must regulate the pollutant of concern per CWA Section 405(d). 9

Meeting CWA RequirementsPer- and Polyfluoroalkyl Substances (PFAS)

• The EPA is initiating problem formulation for PFOA and PFAS in biosolids.

• Problem formulation is part of the risk assessment (RA) framework that: o Articulates the purpose for the assessmento Defines the problemo Determines conceptual plan for analyzing and characterizing risk (EPA 2014, EPA 1998)

• Problem formulation provides information on:o Chemical’s sources and occurrenceo Fate and transport in the environmento Toxicological characteristics and factors affecting toxicityo Analysis plan describing the scientific approach

• Includes engagement with states and tribes, risk managers, scientists, and members of the biosolids community regarding foreseeable science and implementation issues.

10

Office of Inspector General Report

• The EPA’s Office of Inspector General (OIG) report entitled, “EPA Unable to Assess the Impact of Hundreds of Unregulated Pollutants in Land-Applied Biosolids on Human Health and the Environment” (November 15, 2018).

• While EPA agrees that the Biosolids Program can be improved, many of the OIG recommendations were already underway by the EPA prior to the audit, which began in June 2017.

• The EPA’s response to the draft OIG report can be found in Appendix D of the final report.

• The EPA did not concur on 4 of 13 Recommendations/Corrective Actions, as a result the resolution process between the EPA and OIG is ongoing.

11

Other Biosolids Program Efforts

Resource Recovery

• A consistent process for evaluating products derived from sewage sludge that are intended for land application is needed.

• 40 CFR Part 503 does not consider or anticipate current and future innovative resource recovery technologies and products.

• Work in this area is ongoing.

12Photos courtesy of New England Biosolids and Residuals Association, and PG Environmental

Improving Science Research PrioritiesContinue evaluating pollutants

Improved methods for microbial parameters – use of surrogates

Conduct acceptable and informative research• Field validation of models• Attenuation of pollutants in biosolids

systems

Evaluate treatment effectiveness

Define stability• Odor classification

QUESTIONS?Laura Boczek

Microbiologistboczek.laura@epa.gov

513-569-7282

The U.S. Environmental Protection Agency, through its Office of Research and Development, funded and managed, or partially funded and collaborated in, the research described herein. It has been subjected to the Agency’s peer and administrative review and has been approved for external publication. Any opinions expressed in this paper are those of the author (s) and do not necessarily reflect the views of the Agency, therefore, no official endorsement should be inferred.Any mention of trade names or commercial products does not constitute endorsement or recommendation for use.