By permission of Dennis Burke, P.E. Back to top or Back to home page
Dennis A. Burke P.E. 6007 Hill Road NE, Olympia, WA 98516 The proposed regulations should be revised to protect the health safety and well being of the citizens of Washington. The proposed rule is dangerous and will not protect the health of the people living in the state. Our current level of knowledge is insufficient to provide a guarantee to the public that "exceptional quality biosolids" do not contain a sufficient number (quantity) or diversity of infectious agents to prevent disease through it's unrestricted and uncontrolled application throughout the state. I am requesting that the same restrictions that apply to Class B biosolids be applied to Class A, unless a user or home owner is willing to wave the restriction and assume liability. The proposed regulations address the final product of sewage treatment. Sludge is the concentrated product derived from treating wastes from, homes, factories, landfills (lechate), hospitals, nursing homes, clinics, veterinary hospitals, mortuaries, rendering plants, airports, bus stations, marine terminals, ports, etc. Most treatment facilities will label the enclosures containing "sewage sludge" as a "bio-hazard". The Food and Drug Administration calls the material an "infectious waste" because it contains agents that can cause human disease. Sewage contains every disease organism (bacteria, fungi, virus, and self replicating protein) present now, in the past, or future from the sick, dead, or dying within a community, or discharged by others while passing through the community. It contains every toxic or hazardous organic chemical discharged by accident, or otherwise, to the sewer system from manufacturing facilities within the community, or by individuals passing through the community. It contains every toxic or hazardous inorganic chemical compound and heavy metal discharged by accident, or otherwise, to the sewer system from manufacturing facilities within the community, or from individuals passing through the community. The discharge or those disease organisms, toxic organic, and inorganic substances to the sewer system is not sufficiently controlled through industrial pretreatment programs which monitor identified industries for specifically identified substances on an infrequent and periodic basis. The proposed regulation addresses the disposal, aka "beneficial use", of the concentrated sludge, biohazard, or infectious waste, and the approved processes by which the sludge is transformed from a biohazard to an "exceptional quality biosolid". The regulations further state that once the biohazard, or infectious waste has been transformed into an "exceptional quality biosolid", it can be given to the public, sprayed or spread on land or trees or animals without restriction, without proper labeling, without notification or approval of the landowner, and without any application plan or any record of where and how much material was applied to some land, somewhere, in the state (WAC 173-308-200). The "sludge"or biohazard is converted to "exceptional quality biosolids", a material suitable for unrestricted spraying and spreading throughout the state of Washington, by reducing the number of indicator pathogens (fecal coliform, helminth ova, and entreic virus) through a variety of means. The procedures do not eliminate the indicator organisms and do not eliminate or even measure other pathogens which are present. The logic of this approach is based on two assumptions. They are: (1) that measurement of the density of the indicator organism is an accurate reflection of the occurrence and density of other more dreaded pathogens, and (2) that the reduced density is sufficient to guarantee that pathogen infection will not occur because of the low density. Neither of these assumptions is accurate. A recent article in Science explains how bacteria kill and destroy other bacteria under stressed conditions. Some bacteria will simply out compete and survive better in stressed environments. A variety of Escherichia Coli, Salmonella, Shigella, and Staphylococcus are not as effective at survival as other pathogens. E. Coli 0157:H7, the food pathogen we here so much about lately, is much more effective at survival. Other pathogen are also more effective than the chosen indicators at survival under stressed conditions. For example it has been reported by the Danish, that during sludge storage, Salmonella sp. were significantly reduced at high temperatures but not at lower temperatures and that Fecal Streptococcus was not reduced under either condition. There are many articles in the literature showing that all bacteria, viruses, and fungi do not behave equally under stressed conditions. It is clear that some viruses can survive at extremely high temperatures whereas most die. The transmittal of TSE, aka "mad cow disease", from sheep to cows occurred by way of rendered products which were cooked at 115øC (steam) for 20 minutes. The rendering time and temperature values are much higher time and temperature conditions considered under the proposed regulations. The rendered products were fed to cattle which ultimately effected man. The transmittal of that self replicating protein (prion) by way of the food chain has now infected 23 people in England and France. Additional suspect cases are now being investigated in Poland and Scotland. Many more cases are expected since the prion has a seven to ten year incubation period (Consider the Importance of Record Keeping). Nonetheless, it is clear that bacteria and viruses survive at different rates under different conditions. A low indicator organism count may not mean a low "unmeasured" pathogen or infectious agent count. The proposed rule implies that once the "measured" density of E. coli, is reduced to 1000 per gram (aprox. 1,000,000 per quart of dry solids), or the density of Salmonella sp. is reduced to 3 per four grams of solids (aprox 750 per quart of dry solids) or the viral count is reduced to 1 PFU per four grams (aprox 250 per quart of dry solids) that the density of all pathogens is sufficiently reduced to prevent disease transmission from all infectious agents even fungi. Viral infections are commonly transmitted at densities as low as 2 to 5 PFU. Infectious doses of E. coli 0157:H7 as low as two cells have created outbreaks of illness. The proposed pathogen densities for Class A biosolids will reduce the possibility of disease transmission, but it will not prevent transmission of known and unknown disease. In addition the proposed technology standards such as the time and temperature limitations are insufficient to prevent the transmittal of a wide variety of infectious agents. Given the fact that "exceptional quality biosolids" most assuredly contains a variety of pathogens, at densities sufficient to infect and create disease, that one would restrict the disposal of such an infectious agent. The minimum restriction would be to incorporate the infectious agent into the soil for further degradation by soil organisms. The proposed rule allows the unrestricted spraying, even the spraying on trees. The door is thus opened for transmittal by a variety of means. The proposed rule opens many doors for the transmittal of disease. A deer which consumed "exceptional quality biosolids" sprayed on trees will be an extremely dangerous meal for the hunter. That route is the "mad cow disease" pathway without the high temperature rendering step used in England. Vegetables consumed after being fertilized with "exceptional quality biosolids" will also be a dangerous meal. The largest reported outbreak (Japan 1996) of E. coli 0157:H7 was from radish sprouts fertilized with manure. The food pathway is not the only pathway. Most viral transmission is through the nose or eye. That's how most flu viruses are transmitted. Recently a researcher died of herpes B virus when a small drop or urine or feces from a rhesus monkey entered her eye. It is easy to imagine wind blown biosolids, after having dried on trees sprayed in the forest or public parks with "exceptional quality biosolids" being transmitted directly to man through the air to his nose or eye, or via a pet (dog or cat) that has picked up or contracted the disease. Spraying biosolids directly on trees, animals, and forest crops eliminates an important step in pathogen destruction - degradation by soil bacteria. After being spread on trees, the biosolids can dry and be transmitted by the wind, picked up and transmitted by birds, or consumed and transmitted by deer. It should be noted that the EPA did not perform a risk assessment on infectious diseases from pathogens, but their risk assessment for organics and metals were through the soil medium - not trees - and the soil medium was important to the degradation of the organic compounds. It must also be fully recognized that bacteria, viruses, and fungi (which is not mentioned in the rule) constantly undergo mutation as well as developing resistance to our antibiotics. If a niche is created, they will mutate, and fill it. They are constantly changing and adapting. (The second confirmed death from Hong Kong influenza (H5N1) that crossed the avian-human barrier was reported today. Man has few defences to fight this virus. Ducks and chickens transmitted this virus to man -- maybe birds next - vectors are not just insects) The desire to produce "exceptional quality biosolids" is admirable and should be encouraged. The material however is still a bio-hazard, and an infectious agent since it may contain sufficient numbers of bacteria, viruses, fungi, and other infectious agents such as proteins that will cause disease in man. It must be treated as such in order to protect public health. Attached are some of the referenced documents. I've included some information on BSE, TSE, CJD. It's mandatory reading for anyone who believes that time and temperature, acid or caustic, or incineration and burial will destroy indestructible proteins or prions, the TSE infective agent. It is also mandatory reading for anyone who believes that a very small dose of an infective agent is not sufficient to create a major epidemic. My specific comments on the proposed rule are as follows:
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Requirement for qualified individual to regulate. Septic system inspectors are not acceptable. Back to top or Back to home page
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The agronomic rate varies with time (See recent ASCE Environmental Engineering Division article) It is not a constant value. In addition the rate is for all nutrients. Nor just nitrogen. Phosphate may control in many cases. Do you want the phosphate breakthrough to the groundwater that is occurring in Idaho? Back to top or Back to home page
Under such conditions the biosolids should be treated as a solid waste and disposed of in a land fill. Back to top or Back to home page
Under such conditions the biosolids should be treated as a solid waste and disposed of in a land fill. Back to top or Back to home page
Forest land should be defined as public contact land. In addition it must be recognized that wildlife occupy forest land and may serve as vectors in the transmission of disease. It should also be realized that people collect food crops, such as mushrooms on a constant basis from the forests (both public and private) throughout the state. Back to top or Back to home page
The spraying of biosolids should be prohibited especially if the spray can be transmitted to other property, or the solids retained on trees or other vegetation which, when dried, will be carried by the wind, consumed by wildlife, or otherwise transmitted to another location and placed in the food chain. Back to top or Back to home page
Definition should include fungi, and all infective agents including self replicating proteins. Significantly remove or reduce recognizable materials I realize it is desirable to render the plastics, hair, glass, and bone particles in the biosolids unrecognizable when the biosolids are left on the ground or hanging from trees and vegetation. But, if "exceptional quality biosolids" are sprayed on the land and not incorporated into the soil, how will the sharp pieces of broken plastics and glass be prevented from cutting the skin and causing infection? Just another pathway that wasn't studied by the EPA. "Exceptional quality biosolids" can and will infect. Back to top or Back to home page
Anaerobic and aerobic treatment processes can stabilize the solids only if they achieve significant volatile solids reductions. The EPA regulations call for "stabilizing the solids". There is nothing in the proposed WAC calling for the "biosolids" to meet stability requirements. Unstabilized solids are solids that are subject to change in an adverse manner. Unstabilized solids would include biosolids which would significantly change after application to the land. Changes could include conversion of heavy metals from a stable sulfide form to an unstable chelate form or a lowering of pH in alkaline treated solids resulting in decomposition and odors, or the increase in moisture content of heat dried biosolids resulting in rapid decomposition, fires, odors etc. Use the dictionary definition of "unstable". Back to top or Back to home page
It may be "biosolids" by definition but it is still and infectious agent. There are no significant, requirements presented in the rule for those that prepare, transport, or apply biosolids. Those individuals, upon which our health and safety depend, must be responsible, educated, trained, licensed, insured, bonded, and or otherwise deserving of the responsibility placed in their hands to protect public health. I would hate to see the village idiot being the person responsible for cleaning the "biosolids" truck prior to transportation of food crops, or feed crops. Back to top or Back to home page
The land owner and (not or) the lease holder should be provided notice. Back to top or Back to home page
The exemption from obtaining written approval from the land owner must be eliminated from the regulations. Given the allowable heavy metal loadings this is a taking of property. Back to top or Back to home page
Individuals that become ill or otherwise suffer adverse effects from biosolids application should be entitled to all records. Back to top or Back to home page
Spell out how one is to obtain a "representative" sample of this heterogeneous material which is sampled once to 12 times per year. Back to top or Back to home page
Why isn't "Standard Methods" used for inorganic pollutants? Back to top or Back to home page
Specify methods for the analysis of other pathogen, fecal strep, fungi, etc. Back to top or Back to home page
This section is entirely unacceptable. The proposed rule will result in a 1 mgd treatment facility obtaining a sample once per year. The very largest facilities will sample once per month. Biosolids is a heterogeneous material. The material changes from month to month, day to day. As pointed out previously, all types of materials can be discharged to the sewer system on a frequent, infrequent, or accidental basis. The only way to know what is leaving the treatment plant as "biosolids" is to obtain a sample from each truck leaving the site. For a 1 mgd treatment plant that frequency might be once per week. Larger treatment facilities that have more than one truck leaving each day can obtain a composite of all trucks. If you don't do that, you won't know the quality of the biosolids applied to the land. Back to top or Back to home page
A 38% volatile solids reduction from anaerobic or aerobic digestion is too low. I know of no anaerobic facilities achieving such low values. A 38% reduction will produce an obnoxious, odorous product which is only partially degraded. At 38% VS destruction, at least 10% of the daily sludge feed will not be touched by anaerobic organisms in a completely mixed tank - (10 day SRT). Any properly designed and operated digester will achieve a 55% volatile solids destruction. That should be the very lowest value. "Exceptional quality biosolids" should have a 65% volatile solids destruction to eliminate the substrate for pathogen sustenance. Back to top or Back to home page
of raw biosolids will not meet stability requirements. Once the pH is lowered through weathering and decay, organic acids will subsequently be produces to create odors and perhaps pathogen regrowth. This method of vector attraction reduction is unstable and therefore should be eliminated from consideration. Back to top or Back to home page
will reduce vector attraction while the solids are dry. However, this is an unstable condition since the solids will eventually accumulate moisture and decay rapidly. In some cases the transition has been so rapid that fires have broken out. This method does not meet the stability requirements and therefore should be eliminated from the rule. Back to top or Back to home page
This entire section must be eliminated. Although the production of Class A biosolids is admirable, the resulting product remains a health hazard for pathogens. To allow this material to be spread on land, free of site management and access restrictions, given to the public without labeling requirements, applied without written approval of the landowner, applied without a land application plan, and distributed and spread without the proper and necessary records being maintained is unspeakable. Class A biosolids is still an infectious agent. It must be treated as such. Back to top or Back to home page
The site management and access restrictions and record keeping requirements must be applied to both Class A and Class B because of the infectious nature of both Class A and Class B biosolids. Back to top or Back to home page
The site management (4) and access restrictions and record keeping (5) requirements must be applied to both Class A and Class B because of the infectious nature of both Class A and Class B biosolids. Add a wildlife consideration - deer, ducks, birds, rodents, etc. Add a consideration to harvesting of forest crops by people. Back to top or Back to home page
The site management (4) and access restrictions and record keeping (5) requirements must be applied to both Class A and Class B because of the infectious nature of both Class A and Class B biosolids. Add a wildlife consideration - deer, ducks, birds, rodents, etc. Back to top or Back to home page
The site management (4) and access restrictions and record keeping (5) requirements must be applied for both Class A and Class B because of the infectious nature of both Class A and Class B biosolids. Add a wildlife consideration - deer, ducks, birds, rodents, etc. Back to top or Back to home page
Pathogens notification to all users must be provided. Land must be signed notifying users. Warnings must be provided to all users and receipt of warning and notification recorded. Back to top or Back to home page
Provide labels on content and warning of pathogens and possible health effects. People have a "right to know" what they are getting and the possible effects. Don't whitewash the dangers with the name " exceptional quality biosolids". I've run out of time. It's your responsibility to protect public health - not mine. You will have to live with that.
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Biosolids Rule Comments Dennis Burke
Comments on Biosolids management Chapter 173-308 WAC
030 Relationships-
Point out the relationship to OSHA, Workers Right to Know, RCRA, and air quality regulations.
050 Delegation to Local Health Departments -
080 Definitions
Agronomic Rate
Disposal on Emergency Basis -
Disposal on a Temporary Basis -
Forest
Land Application
Pathogenic organism
Unstabilized Solids
090, 100, 110 Requirements for persons preparing, transporting, and applying biosolids.
120- (5) notice
120 (6) approval
120 (7) adverse effects
140 (1) samples
140 (2) (d)
140 (2) (x)
150 Frequency of monitoring.
180 Vector Attraction
180 (5) Raising the pH
180 (6) & (7) Heat drying of biosolids
200 Exemptions
210 Bulk solids to agricultural land (2) Pathogens.
220 Bulk solids to forest land (2) Pathogens.
230 Bulk solids to public contact site (2) Pathogens.
240 Bulk solids to reclamation site (2) Pathogens.
250 Bulk solids to lawn or home garden
260 Biosolids given away or sold
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