September 11, 1986 Applicability of RCRA to POTWs Receiving RCRA Hazardous Waste, "Generally, sewer line influents to POTWs will fall under the domestic sewage exclusion of 40 CFR 261.4(a) (1) and therefore are not considered to be "hazardous waste" under RCRA. However, waste received at a POTW by truck, rail or by a dedicated pipe (i.e., where the waste does not mix with domestic waste in the pipe before entering the POTW) is not covered by the domestic sewage exemption. If that waste is a listed hazardous waste or exhibits a hazardous waste characteristic, the POTW is required to obtain a RCRA permit for the treatment, storage and disposal of such waste. www.deadlydeceit.com/exclusions.html
EPA's horror stories debunking program indicated other Agencies knew there would be a lot of deaths: "(14) BLM policy opposing use of biosolids on Federal lands: equating it(s) use to hazardous waste dumping and landfilling raising SUPERFUND liability concerns." http://www.penweb.org/issues/sludge/101.htm
EPA's Alan Rubin keeps insisting that there is nothing hazardous about sewage sludge, especially as it pertains to shipping it from a point source of pollution to the farm where it becomes a non-point source of pollution. Due to the infectious nature of sludge it is a hazardous substance under the RCRA and a pollutant under the CWA, which makes it a hazardous material under the DOT regulations.
As a DOT qualified Intermodal hazardous materials transportation trainer, I mentioned this to Rubin, who had to find a way to get around the law. Rubin wen straight to the Director of the Hazardous Materials Standards who apparently failed to asked the appropriate questions before he answered Rubin. Rubin forgot to tell the Director that sludge was shipped as an agricultural product (i.e. fertilizer or soil amendment). Not only that, but it is a pollutant under the CWA, which makes it a marine pollutant. Sludge can not be treated to where it no longer poses a hazard. It is highly likely that Rubin wrote the draft of this letter, The Director repeats Rubin's assertion that sewage and sewage sludge are considered to be household hazardous waste. They both knew that exclusion didn't apply if the sewage was shipped by truck. Sewage sludge is generated by a treatment plant which at a minimum makes it a pollutant under the CWA and a solid waste under the RCRA.
Infectious agents make it a hazardous waste under the RCRA and DOT. TITLE 49--TRANSPORTATION Sec. 173.140 Class 9--Definitions.
For the purposes of this subchapter, miscellaneous hazardous material (Class 9) means a material which presents a hazard during transportation but which does not meet the definition of any other hazard class. This class includes: (a) Any material which has an anesthetic, noxious or other similar property which could cause extreme annoyance or discomfort to a flight crew member so as to prevent the correct performance of assigned duties; or (b) Any material that meets the definition in Sec. 171.8 of this subchapter for an elevated temperature material, a hazardous substance, a hazardous waste, or a marine pollutant.
Sec. 171.8 Definitions and abbreviations
Agricultural product means a hazardous material, other than a hazardous waste, whose end use directly supports the production of an agricultural commodity including, but not limited to a fertilizer, pesticide, soil amendment or fuel. An agricultural product is limited to a material in Class 3, 8 or 9, Division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material.
Etiologic agent. See Sec. 173.134 of this subchapter. Sec. 173.134 Class 6, Division 6.2--Definitions, exceptions and packing group assignments.
(a) Definitions. For the purposes of this subchapter, the categories of materials that constitute Division 6.2 are defined as follows: (1) An infectious substance means a viable microorganism, or its toxin, that causes or may cause disease in humans or animals, and includes those agents listed in 42 CFR 72.3 of the regulations of the Department of Health and Human Services and any other agent that causes or may cause severe, disabling or fatal disease. The terms infectious substance and etiologic agent are synonymous.
Hazardous material means a substance or material, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials as defined in this section, materials designated as hazardous under the provisions of Sec. 172.101 of this subchapter, and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter.
Hazardous waste, for the purposes of this chapter, means any material that is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262.
Marine pollutant, means a material which is listed in appendix B to Sec. 172.101 of this subchapter (also see Sec. 171.4) and, when in a solution or mixture of one or more marine pollutants, is packaged in a concentration which equals or exceeds: (1) Ten percent by weight of the solution or mixture for materials listed in the appendix; or (2) One percent by weight of the solution or mixture for materials that are identified as severe marine pollutants in the appendix.http://frwebgate5.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=820057372 392+18+0+0&WAISaction=retrieve