EPA sent two recent letters in response to several issues raised by state biosolids coordinators outlining the Agency’s continued support of biosolids beneficial reuse activities as viable options to communities.  The letters also reaffirmed the Agency position that the 40 CFR Part 503 regulations are protective of public health and the environment, and continue to support biosolids management in full compliance  with the Part 503 regulations.

A July 30, 2004 letter from State of Wisconsin biosolids coordinator Greg Kester written on behalf of the 43 state residual coordinators stated that EPA should aggressively defend and support the safety of its regulations.  In addition, the letter addressed a number of issues including previous EPA positions in promoting beneficial biosolids use, and statements by EPA regarding the safety of treating and managing biosolids.  Furthermore, the letter urged EPA to respond to requests from State and local governments to support specific biosolids management projects such as a heat drying project in Hawaii. A follow up letter from WI Department of Natural Resources Secretary Scott Hassett was sent to EPA Administrator Michael Leavitt on September 13, 2004.

EPA Office of Wastewater Management James Hanlon and Acting Assistant Administrator for Water Ben Grumbles replied to the State of Wisconsin letters on September 20 and October 7, 2004, respectively.  The EPA letters state:

• EPA is not in the position of determining the biosolids management options most suitable for a particular community
• EPA supports the reuse of wastewater and the beneficial use of biosolids as viable options available to communities
• EPA firmly believes that any decisions regarding those choices are local decisions subject to meeting State regulations in addition to Federal regulations
• EPA believes that the States are capable of assessing compliance with Part 503 regulations
• EPA believes that the 40 CFR Part 503 regulations are protective of public health and the environment and continues to support  biosolids management in full compliance with the Part 503 regulations
• EPA continues to support land application, incineration, and disposal in municipal solid waste landfills and surface disposal units in compliance with 40 CFR Part 503 as viable options for the use and disposal of biosolids
• Whenever EPA receives requests regarding the use of a particular technology or use or disposal option at a particular site, such as in the Hawaii request, EPA’s position will be that it is protective of human health and the environment provided that the technology in question will be designed and implemented to comply with the Part 503 regulations
• As part of EPA’s continued commitment to the development of sound regulations and following the recommendations contained in a July 2002 National Research Council report on land application of biosolids, the Agency developed a final action plan in December 2003
• EPA’s plan includes determining potential risks of selected pollutants and conducting a targeted survey, and characterizing potential volatile chemicals and bioaerosols from land application sites
• EPA expects to conduct a number of activities within the next two to three years with the goal of further strengthening the biosolids use and disposal program.
  
  WI State Biosolids Coordinator Greg Kester 7-30-04 Letter to EPA OWM Director James Hanlon
  WI DNR Secretary Scott Hassett 9-13-04 Letter to EPA Administrator Michael Leavitt
  EPA OWM Director James Hanlon 9-20-04 Letter to Greg Kester
  EPA Acting Assistant Administrator for Water Ben Grumbles 10-7-04 Letter to Scott Hassett

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