Decoding the 503 sludge rule terms of art
Simple facts about the pollutants in sludge/biosolids
Why would EPA decide to ignore the National Policy and put the health of our children and elders at risk?
EPA's mission was clear, "These regulations must be "adequate to protect human health and the
environment from any reasonable anticipated adverse effect of each pollutant." [CWA] Section
405(d)(2)(D)." (part 503, 1993-FR. 58, p. 9250)
EPA did not use the term "toxic pollutant" in the 503 sludge rule, because "The Agency concluded that
Congress intended that EPA develop the part 503 pollutant limits for a broader range of substances that
might interfere with the use and disposal of sewage sludge, not just the 126 priority pollutants" (now 275
hazardous pollutants)
However, EPA only addressed the 10 hazardous substances Eligible for a Removal Credit, when land
applied, under the pretreatment standards
Every one will agree that in plain language both Class B and Class A sludge/biosolids products are composed of organic
substances, inorganic substances, a combination of organic and inorganic substances, as well as pathogenic disease
causing organisms. EPA warns these pollutants and disease causing organisms are deadly to all living things after
being discharged into the environment in a fertilizer or soil amendment.
Everyone will also agree that EPA has defined the following 10 hazardous substances as pollutants in 503.13; Arsenic,
Cadmium, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium and Zinc which are harmful to public health.
Chromium is also a pollutant under 503.23. "EPA identified five agents in contaminated dust that are carcinogenic when
inhaled (Arsenic, Beryllium, Cadmium, Chromium, and Nickel (FR 54-Page 5777)."
EPA defines a pollutant:
1. on the basis of information available to the Administrator of EPA, after discharge [of] an organic substance and
upon exposure [by], ingestion, inhalation, or assimilation into a human either directly from the environment or indirectly
by ingestion through the food chain, could cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological malfunctions (including malfunction in reproduction), or physical deformations in either humans or offspring
of the humans
2. on the basis of information available to the Administrator of EPA, after discharge [of] an inorganic substance,
and upon exposure [by], ingestion, inhalation, or assimilation into a human either directly from the environment or
indirectly by ingestion through the food chain, could cause death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either humans
or offspring of the humans
3. on the basis of information available to the Administrator of EPA ,after discharge [of] a combination of organic
and inorganic substances, and upon exposure [by], ingestion, inhalation, or assimilation into a human either directly
from the environment or indirectly by ingestion through the food chain, could cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical
deformations in either humans or offspring of the humans
4. on the basis of information available to the Administrator of EPA, after discharge [of] a disease causing
organism, and upon exposure [by], ingestion, inhalation, or assimilation into a human either directly from the
environment or indirectly by ingestion through the food chain, could cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in
either humans or offspring of the humans
The four factual statements are broken up, and rearranged in one paragraph to define a pollutant which would appear
to only harm organisms. (e.g. Animal and plant life).
503.9(t) Pollutant is an organic substance, an inorganic substance, a combination of organic and inorganic
substances, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or assimilation
into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the
basis of information available to the Administrator of EPA, cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either
organisms or offspring of the organisms.
EPA -Terms of Environment - Glossary
Pollutant: Generally, any substance introduced into the environment that adversely affects the usefulness of a
resource or the health of humans, animals, or ecosystems.. Http://www.epa.gov/OCEPAterms/pterms.html
Toxic Pollutants: Materials that cause death, disease, or birth defects in organisms that ingest or absorb them. The
quantities and exposures necessary to cause these effects can vary widely. http://www.epa.gov/OCEPAterms/tterms.html
According to EPA, "The term "toxic pollutant" is not used in the final part 503 regulation because this generally is
limited to the list of priority toxic pollutants developed by EPA. The Agency concluded that Congress intended that EPA
develop the part 503 pollutant limits for a broader range of substances that might interfere with the use and disposal
of sewage sludge, not just the 126 priority pollutants." (FR. 58, 32, p. 9327)
http://deadlydeceit.com/exclusions.html
Under the CWA, (3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited
(6) The term ``pollutant'' means dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and
agricultural waste discharged into water
13) The term ``toxic pollutant'' means those pollutants, or combinations of pollutants, including disease-causing
agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism [human], either
directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to
the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms
[humans] or their [human] offspring www.deadlydeceit.com/CWA.html
Hazardous Air Pollutants: Air pollutants which are not covered by ambient air quality standards but which, as defined
in the Clean Air Act, may present a threat of adverse human health effects or adverse environmental effects.Such
pollutants include asbestos, beryllium, mercury, benzene, coke oven emissions, radionuclides, and vinyl chloride.
Hazardous Chemical: An EPA designation for any hazardous material requiring an MSDS under OSHA's Hazard
Communication Standard. Such substances are capable of producing fires and explosions or adverse health effects like
cancer and dermatitis. Hazardous chemicals are distinct from hazardous waste.(See: Hazardous Waste.)
Hazardous Ranking System: The principal screening tool used by EPA to evaluate risks to public health and the
environment associated with abandoned or uncontrolled hazardous waste sites. The HRS calculates a score based on
the potential of hazardous substances spreading from the site through the air, surface water, or ground water, and on
other factors such as density and proximity of human population. This score is the primary factor in deciding if the site
should be on the National Priorities List and, if so, what ranking it should have compared to other sites on the list.
Hazardous Substance: 1. Any material that poses a threat to human health and/or the environment. Typical
hazardous substances are toxic, corrosive, ignitable, explosive, or chemically reactive. 2. Any substance designated by
EPA to be reported if a designated quantity of the substance is spilled in the waters of the United States or is otherwise
released into the environment. http://www.epa.gov/OCEPAterms/hterms.html
RCRA
(5) The term ``hazardous waste'' means a solid waste, or combination of solid wastes, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics may--
(A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or
(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
Heavy Metals: Metallic elements with high atomic weights; (e.g. mercury, chromium, cadmium, arsenic, and lead); can
damage living things at low concentrations and tend to accumulate in the food chain.
http://www.epa.gov/OCEPAterms/hterms.html
Organism: Any form of animal or plant life. Http://www.epa.gov/OCEPAterms/oterms.html
Organic: 1. Referring to or derived from living organisms. 2. In chemistry, any compound containing carbon.
Organic Chemicals/Compounds: Naturally occuring (animal or plant-produced or synthetic) substances containing
mainly carbon, hydrogen, nitrogen, and oxygen.
Organic Matter: Carbonaceous waste contained in plant or animal matter and originating from domestic or industrial
sources. Http://www.epa.gov/OCEPAterms/oterms.html
Inorganic Chemicals: Chemical substances of mineral origin, not of basically carbon structure.
Http://www.epa.gov/OCEPAterms/iterms.html
503.31(f) Pathogenic organisms are disease-causing organisms. These include, but are not limited to, certain bacteria,
protozoa, viruses, and viable helminth ova.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=7cd411ea83e37824815da03cecc716d6&rgn=div8&view=text&nod
e=40:29.0.1.2.40.4.13.2&idno=40
Pathogens: Microorganisms (e.g., bacteria, viruses, or parasites) that can cause disease in humans, animals and
plants. http://www.epa.gov/OCEPAterms/pterms.html
Sewage Sludge: Sludge produced at a Publicly Owned Treatment Works, the disposal of which is regulated under the
Clean Water Act.
Sludge: A semi-solid residue from any of a number of air or water treatment processes; can be a hazardous waste.
Solid Waste: Non-liquid, non-soluble materials ranging from municipal garbage to industrial wastes that contain
complex and sometimes hazardous substances. Solid wastes also include sewage sludge, agricultural refuse, demolition
wastes, and mining residues. Technically, solid waste also refers to liquids and gases in containers.
http://www.epa.gov/OCEPAterms/sterms.html
Merriam Webster
Main Entry: or·gan·ism
Function: noun
Pronunciation: 'o r-g&-"ni-z&m
1 : a complex structure of interdependent and subordinate elements whose relations and properties are largely
determined by their function in the whole
2 : an individual constituted to carry on the activities of life by means of organs separate in function but mutually
dependent : a living being
- or·gan·is·mic /"o r-g&-'niz-mik/ also or·gan·is·mal /-m&l/ adjective
- or·gan·is·mi·cal·ly /-mi-k(&-)le/ adverb
http://reference.aol.com/dictionary?dword=organism&book=dictionary&suggestwords=no&startindex=0&detail=yes
Main Entry: mal·func·tion
Function: intransitive verb
Pronunciation: "mal-'f&[ng](k)-sh&n
: to function imperfectly or badly : fail to operate normally
- malfunction noun
Http://reference.aol.com/dictionary?dword=malfunction&lookupbtn=Look+Up
Main Entry: mu·ta·tion
Function: noun
Pronunciation: myü-'tA-sh&n
1 : a significant and basic alteration : CHANGE
2 : UMLAUT
3 a : a relatively permanent change in hereditary material involving either a physical change in chromosome relations or
a biochemical change in the codons that make up genes ; also : the process of producing a mutation b : an individual
strain or trait resulting from mutation
- mu·ta·tion·al /-shn&l, -sh&-n & l/ adjective
- mu·ta·tion·al·ly adverb
http://reference.aol.com/dictionary?dword=mutations&lookupbtn=Look+Up