Biennial Review of 40 CFR Part 503 As Required Under the Clean Water Act Section 405(D)(2)(C)
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United States Office of Water EPA-822-S18-002 Environmental Protection Agency Office of Science and Technology May 2018 4304T Biennial Review of 40 CFR Part 503 As Required Under the Clean Water Act Section 405(d)(2)(C) Reporting Period 2013 Biosolids Biennial Review EPA-822-S18-002 Biennial Review of 40 CFR Part 503 As Required Under the Clean Water Act Section 405(d)(2)(C) Reporting Period Biosolids Biennial Review 2013 U.S. Environmental Protection Agency Office of Water Office of Science and Technology Washington, D.C. May 2018 2013 Biosolids Biennial Review NOTICE This document has been reviewed in accordance with U.S. EPA policy and approved for publication. This report was prepared with the support of RTI International under the direction and review of the Office of Science and Technology. The discussion in this document of the statute and regulations is intended solely as guidance. The statutory provisions and EPA regulations described in this document contain legally binding requirements. This document is not a regulation itself, nor does it change or substitute for those provisions and regulations. Thus, it does not impose legally binding requirements on EPA, States, or the regulated community. While EPA has made every effort to ensure the accuracy of the discussion in this document, the obligations of the regulated community are determined by statutes, regulations, or other legally binding requirements. In the event of a conflict between the discussion in this document and any statute or regulation, this document would not be controlling. Mention of trade names or commercial products does not constitute endorsement or recommendation for their use. This document can be downloaded from EPA’s website at http://www.epa.gov/biosolids iii 2013 Biosolids Biennial Review [This page intentionally left blank.] iv 2013 Biosolids Biennial Review Executive Summary In 1993, the U.S. Environmental Protection Agency (EPA) promulgated regulations in 40 CFR Part 503 for sewage sludge1, as amended, that include general requirements, pollutant limits, management practices, operational standards, and requirements for monitoring, recordkeeping and reporting. Section 405(d)(2)(C) of the Clean Water Act (CWA) states that EPA shall review the biosolids regulations not less often than every two years for the purpose of identifying additional toxic pollutants and promulgating regulations for such pollutants consistent with the requirements of section 405(d). In fulfilling this commitment for the 2013 biennial review cycle, EPA collected and reviewed publicly available information on the occurrence, fate and transport in the environment, human health and ecological effects, and other relevant information for toxic pollutants that may occur in U.S. biosolids. After conducting the review, if such data are available for pollutants that may occur in biosolids, the Agency will assess the potential risk to human health or the environment associated with exposure to such pollutants when biosolids are applied to land as a fertilizer or soil amendment, placed in a surface disposal site, or incinerated, and, if appropriate, EPA will set numeric limits for these pollutants. This review process included information collected for pollutants that (1) have been identified in the Targeted National Sewage Sludge Survey (TNSSS; U.S. EPA, 2009) or in the open literature as having concentration data for biosolids or other evidence of occurrence in biosolids, and (2) have not been previously regulated or evaluated (e.g., as potentially causing harm to humans or the environment) in biosolids. Using this search approach, 77 new articles were identified as providing relevant information for pollutants that may occur in U.S. biosolids. Thirty-five new chemicals and six new microbial pollutants were identified in biosolids in this 2013 Biennial Review. Thirteen of the newly identified chemicals are perfluoroalkyl substances (PFASs). No human health toxicity data were identified for any of the 35 new chemicals or for chemicals identified in previous biennial reviews. However, EPA is currently engaged in efforts around PFAS, including developing toxicity values for certain PFAS chemicals . Ecological toxicity values were found for one chemical (triclosan) identified in a previous biennial review. New physical-chemical properties (log Kow and half-life) were identified for 22 chemicals. New bioaccumulation factors were identified for five previously identified chemicals. The available data for many of the chemicals and microbial pollutants identified are not sufficient at this time to evaluate risk using current biosolids modeling tools. EPA will continue to evaluate available toxicological information for PFASs. In addition, the EPA’s Office of Pesticide Programs plans to complete a draft risk assessment for triclosan in late 20182. The Federal Drug Administration and EPA have been closely collaborating on scientific and regulatory issues related to triclosan to ensure government-wide consistency in the regulation of this chemical. 1 EPA often uses the term “biosolids” interchangeably with “sewage sludge,” which is defined in the regulations and used in the statute. Biosolids refers to treated sewage sludge. 2 See additional information on triclosan on EPA’s website (https://www.epa.gov/ingredients-used-pesticide- products/triclosan) v 2013 Biosolids Biennial Review EPA has not identified any additional toxic pollutants for potential regulation during the 2013 Biosolids Biennial Review. The Agency will continue to assess the availability of sufficient information for these and other pollutants identified during the biennial review activities pursuant to section 405(d)(2)(C) of the CWA. vi 2013 Biosolids Biennial Review [This page intentionally left blank.] vii 2013 Biosolids Biennial Review Table of Contents Page 1. Introduction ............................................................................................................................... 1 2. Literature Search Approach ...................................................................................................... 3 2.1 Human Health Toxicity Values Data Sources and Selection........................................... 4 2.2 Ecological Toxicity Value Data Sources and Selection .................................................. 6 3. Results of the 2013 Biosolids Biennial Review .......................................................................... 8 3.1 Pollutants Newly Identified in the 2013 Biennial Review ............................................... 9 3.2 New Information on Pollutants Previously Identified in Biennial Reviews .................. 10 3.3 Environmental Fate and Transport Properties ............................................................... 11 4. Conclusions ............................................................................................................................. 14 5. Additional Information ........................................................................................................... 15 6. References ............................................................................................................................... 15 Attachment A. List of Pollutants Identified in Biosolids ............................................................ A-1 Attachment B. Reference Abstracts ............................................................................................ B-1 List of Tables Table 1. Hierarchy for Human Health Toxicity Value Data ........................................................... 5 Table 2. Summary of Criteria for Selecting Ecological Toxicity Data........................................... 7 Table 3. Chemicals Identified in Biosolids in the 2013 Biennial Review ...................................... 9 Table 4. Ecological Toxicity Values ............................................................................................. 11 Table 5. Physical-Chemical and Other Propertiesa Identified in the 2013 Biennial Review ........ 11 Table 6. Bioaccumulation Factors for Soil Biota ([mg/kg biota]/[mg/kg soil]) ........................... 12 Table 7. Bioaccumulation Factors for Plants ([mg/kg plant]/[mg/kg soil]).................................. 12 viii 2013 Biosolids Biennial Review [This page intentionally left blank.] ix 2013 Biosolids Biennial Review 1. Introduction In Section 405 of the Clean Water Act (CWA), Congress set forth a comprehensive program designed to reduce potential health and environmental risks associated with using or disposing of sewage sludge. Under Section 405(d), the U.S. Environmental Protection Agency (EPA) establishes numeric limits and management practices that protect public health and the environment from the reasonably anticipated adverse effects of chemical and microbial pollutants in sewage sludge. Section 405(d) prohibits any person from using or disposing of sewage sludge from publicly owned treatment works (POTWs) or other treatment works treating domestic sewage, unless the use or disposal complies with regulations promulgated under section 405(d). On February 19, 1993, EPA identified several pollutants which, based on available information on their toxicity, persistence, concentration, mobility, or potential for exposure, were present in sewage sludge in concentrations which may adversely affect public health or the environment. At that time, the Agency promulgated regulations, 40 CFR Part 503 Standards for the Use or Disposal of Sewage Sludge, specifying acceptable management