Subj: Select Agents in transported sewage sludge/biosolids  
Date: 8/9/2005 4:23:07 PM Central Daylight Time
From: BynJam
CC:,,, Fg325,

The question is did The Public Health Security and Bioterrorism Preparedness and Response
Act of 2002 (Public Law 107-188; June 12, 2002) which "requires that the United States improve
its ability to prevent, prepare for, and respond to acts of bioterrorism and other public health
emergencies that could threaten either public health and safety or American Agriculture," give
the CDC any power to actually protect public health and agriculture?

Does the Act give the CDC the power to invalidate the 1981 sludge policy which was turned into
the 1993 part 503?  

1981 - EPA, FDA, and USDA issued beneficial sewage sludge statement SW905. Yet, the
methodology was not available to test for dioxins or pathogens and EPA "assumed" only
Cadmium and PCB's in sludge could effect human health. (NSAFS
#100,  #109)

Is there any reason to believe the any Health Department, federal or state, actually has the
power to stop the transportation of biological contaminated sludges to farmland dumpsites,
even across state lines?

Notwithstanding the provisions of §72.2, no person may knowingly transport or cause to be
transported in interstate traffic, directly or indirectly, any material [other than biological
products] known to contain, or reasonably believed by such person to contain, one or more of
the following etiologic agents unless such material is packaged, labeled, and shipped in
accordance with the requirements specified in paragraphs [a]-[f] of this section:

Was the list of pathogens in 42 CFR 72 for restricted transportation left out of the rest of the
bioterrorism rules for a particular reason?

Is 42 CFR 73.4 another exclusion EPA can use to transport sewage sludge to farmland

§ 73.4 Overlap select agents and toxins.
d) Overlap select agents or toxins that
meet any of the following criteria are
excluded from the requirements of this
(1) Any overlap select agent or toxin
that is in its naturally occurring
environment provided that the select
agent or toxin has not been intentionally
introduced, cultivated, collected, or
otherwise extracted from its natural

These are important questions which will not go away. Doesn't it seem to be most ridiculous that
you would have strict control measures and training for people handling human pathogens in a
laboratory and turn around and dump them on a farmer without any warnings?

We need to make sure be offer an accurate explanation on the website

Thanking you in advance for your response.

Jim Bynum
(816) 699-3975
Help for Sewage Victims