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Land Application of Biosolids and Industrial Residuals

JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSIONC ommonwealth of VirginiaHouse Document 6 (2018) October 10, 2017 Land Application of Biosolids and Industrial ResidualsReport to the Governor and the General Assembly of Virginia2017 JLARC Report 497 2017 Joint Legislative Audit and Review Legislative Audit and Review CommissionDelegate Robert D. Orrock, Sr., ChairSenator Thomas K. Norment, Jr., Vice-ChairDelegate Terry AustinDelegate Betsy CarrDelegate M. Kirkland CoxSenator Emmett W. Hanger, Janet D. HowellDelegate S. Chris JonesDelegate R. Steven LandesDelegate James P. Massie IIIS enator Ryan T. McDougleDelegate John M.

Summary: Land Application of Biosolids and Industrial Residuals ii Regulatory compliance programs are generally effective The Department of Environmental Quality and the Department of Agriculture and

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Transcription of Land Application of Biosolids and Industrial Residuals

1 JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSIONC ommonwealth of VirginiaHouse Document 6 (2018) October 10, 2017 Land Application of Biosolids and Industrial ResidualsReport to the Governor and the General Assembly of Virginia2017 JLARC Report 497 2017 Joint Legislative Audit and Review Legislative Audit and Review CommissionDelegate Robert D. Orrock, Sr., ChairSenator Thomas K. Norment, Jr., Vice-ChairDelegate Terry AustinDelegate Betsy CarrDelegate M. Kirkland CoxSenator Emmett W. Hanger, Janet D. HowellDelegate S. Chris JonesDelegate R. Steven LandesDelegate James P. Massie IIIS enator Ryan T. McDougleDelegate John M.

2 O Bannon III Delegate Kenneth PlumSenator Frank M. Ruff, S. Mavredes, Auditor of Public Accounts, ex officioDirectorHal E. GreerJLARC staff for this reportJustin Brown, Associate DirectorMark Gribbin, Project LeaderErik BeecroftSusan BondDanielle ChildressChristine WolfeInformation graphics: Nathan Skreslet Contents Summary i Recommendations iii Chapters 1. Application , Benefits, Risks, and Regulation of Biosolids 1 and Industrial Residuals 2. Risks to Human Health and Water quality 11 3. State Compliance Programs 27 Appendixes A: Study mandate 39 B: Research activities and methods 43 C: Citizen concerns about Biosolids and Industrial Residuals land Application 51 D: Timeline of Virginia s major regulatory changes and prior studies 53 E: Summary of key regulatory requirements for Biosolids 54 and Industrial Residuals F: Frequency of pathogens in Biosolids 55 G: Literature review bibliography 56 H: Studies linking health outcomes to land Application of Biosolids 75 I: DEQ sludge management fund 76 J: Chemical test results from recent USGS studies 78 K: Local monitoring programs 83 L.

3 Agency responses 84 i Summary: Land Application of Biosolids and Industrial Residuals WHAT WE FOUND Regulations generally protect human health and water quality Land Application of Biosolids and Industrial Residuals poses some risk to human health and water quality , but the risk is low under current state regulations. This conclusion is based on the best available scientific evidence, but more research could reduce uncertainty. Even though risk is low, risk is sometimes slightly ele-vated during land Application for nearby residents, who could inhale aerosolized contaminants. During land Application , small particles of material become air-borne.

4 This material can be inhaled, potentially causing gastrointestinal illness or the common cold. The state s regulatory requirements may not adequately mitigate this risk for nearby residents, but only under conditions that are optimal for exposure: when Class B Biosolids (which contain pathogens) are applied and nearby residents are downwind and outside for an ex-tended period during Application . These conditions pre-sent greater risk at a small number of sites that receive far more land applications than other sites. Overall risk from land Application is low under current state regulations SOURCE: JLARC review of more than 150 scientific research papers and interviews with Biosolids researchers.

5 WHY WE DID THIS STUDY In 2016, the General Assembly directed JLARC to study land Application of Biosolids and Industrial Residuals in Virginia. The mandate specifically called for staff to ana-lyze the scientific research literature on potential effects on human health and the environment. ABOUT Biosolids AND Industrial Residuals Biosolids and Industrial Residuals are nutrient-rich mate-rials left over at the end of sewage treatment or a man-ufacturing process. If they meet regulatory standards, these materials are can be applied to farm and forest land as agricultural fertilizers. Biosolids and Industrial re-siduals contain pathogens and chemical compounds and elements that may pose risks to human health and the environment.

6 To minimize these risks, they are sub-ject to federal and state regulations. Summary: Land Application of Biosolids and Industrial Residuals ii Regulatory compliance programs are generally effective The Department of environmental quality and the Department of Agriculture and Consumer Services (DEQ and VDACS) each operate compliance programs that are generally effective. Both agencies processes ensure regulatory compliance. DEQ s process to review and approve land Application permit requests is reasonable and ap-propriately involves the public. VDACS s process to initially certify products as safe and beneficial is also reasonable.

7 DEQ s process to inspect land Application sites and correct violations is effective. Alt-hough the agency now inspects a lower percentage of land applications than in prior years, it still was able to inspect 31 percent of Application sites in 2016. VDACS has an annual process for registering Biosolids and Industrial Residuals , but its ongoing product verification process is not sufficient in all cases. VDACS does not verify, after its initial certification, that products continue to have acceptably low levels of potentially harmful chemical compounds and elements. WHAT WE RECOMMEND Legislative action Appropriate funding for the Virginia Department of Health to (a) conduct a pilot epidemiological study of whether land Application of Biosolids causes human health problems and (b) test Virginia Biosolids for pathogens.

8 Executive action Assess whether regulations should be modified to reduce risks of infection for residents living near land Application sites (a) when aerosolization of pathogens is more likely and (b) where applications are made more fre-quently. Require producers of Industrial Residuals to submit current chemical analyses as part of the annual registration process. The complete list of recommendations is available on page iii. iii Recommendations: Land Application of Biosolids and Industrial Residuals RECOMMENDATION 1 The General Assembly may wish to consider directing the Virginia Department of Health (VDH) to design and conduct a pilot epidemiological study of the human health effects of land Application of Biosolids .

9 The General Assembly may wish to consider appropriating $50,000 to fund the study. In designing and conducting the pilot study, VDH should contract with third parties, such as researchers at Virginia institutions of higher education, as needed. VDH should be assisted by the Virginia Department of environmental quality as needed. Following completion of the pilot study, VDH should submit its findings and a proposed design for a full-scale epidemi-ological study, if needed, to the Senate Finance, and Agriculture, Conservation, and Natural Resources Committees; and House Appropriations, and Agriculture, Chesa-peake, and Natural Resources Committees.

10 (Chapter 2) RECOMMENDATION 2 The Virginia Department of Health should assess the risk of aerosol infection to the public by reviewing the most current research literature and determine whether regu-latory setbacks for protecting human health should be expanded. (Chapter 2) RECOMMENDATION 3 The Virginia Department of Health should assess whether the risk of aerosol infec-tion to the public is elevated near sites that receive frequent applications and whether restrictions on land Application frequency or larger setback areas are needed to ensure that residents are sufficiently protected. (Chapter 2) RECOMMENDATION 4 The General Assembly may wish to consider directing the Virginia Department of Health (VDH) to perform sample testing of Class B Biosolids that are land applied in Virginia to determine their pathogen content.


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