Sen. Quayle wants more oversight on imported sludge

By Joannah Nwokeabia
Capital News Service

RICHMOND -- To fertilize their fields, Virginia farms use sludge from near and far. So what's the difference between imported sewage sludge and the "home-grown" stuff?

Not much, says the Virginia Department of Health.

But according to Sen. Frederick M. Quayle, R-Suffolk, out-of-state sludge may contain more hazardous materials than what is produced in-state, where authorities are able to monitor it more closely.

So this legislative session, Quayle co-sponsored a bill to prohibit the land application of biosolids from other states. Quayle said he endorsed House Bill 688 because some of his constituents expressed concerns that the state government's oversight and testing of biosolids were too lax.

"I have constituents in my district who are concerned about the possible health risk of applying biosolids to agricultural areas of the district," Quayle said.

HB 688 -- whose chief sponsor is Delegate Watkins M. Abbitt, I-Appomattox -- is likely to die this week in a House subcommittee.

But the bill reflects the concerns that Quayle and many other Virginians have about the use of sewage sludge as farmland fertilizer.

HB 688 would mandate stricter management of biosolids by state agencies. For example, the bill would require the state Health Department and the Department of Environmental Quality to make sure sewage sludge application meets human and environmental safety standards.

In addition, the bill would require the Department of Conservation and Recreation to certify that the nutrient management plan for applying the sewage sludge protects water quality.

Currently, more than half of the sludge applied to the state's farmlands comes from New York, New Jersey, Maryland and Washington, D.C. Of the 50,000 acres of state farmland that apply sludge, 26,000 use imported biosolids.

Banning imported biosolids, Quayle said, would allow state agencies to monitor exactly what is applied on farmlands.

"We quite often do not know what waste material is incorporated into biosolids or sewage sludge that comes into Virginia from other states," he said. "We have more control of biosolids that are created right here in Virginia."

Not so, said Kelly Vance Lobanov, assistant director of public relations for the Virginia Department of Health. Imported sewage sludge must undergo the same testing and treatment as indigenous sludge, she said, adding that biosolids from other states come from approved sources.

"They all have to meet a certain standard," she said.

The federal Environmental Protection Agency established the standard in a rule that spells out conditions for use or disposal of sewage sludge in land application, landfill disposal and incineration.

In the case of land application, the sludge rule outlines general requirements for operating and monitoring biosolids and places limits on the amount of pollutants that sewage sludge can contain. The rule allows some sludge to contain disease-causing bacteria above detectable levels.

Quayle also co-sponsored a bill to prohibit storing sludge for more than three days before its use. The chief sponsor of that proposal, HB 690, is Delegate Clarke N. Hogan, R-South Boston.

Despite the proposed regulations, Quayle said he does not oppose the cautious application of biosolids.

"I am not opposed to the use of biosolids for fertilization on farmlands," he said, "so long as its creation and testing is sufficiently strict that we are certain that it does not impose unwarranted health problems, and that the application of these biosolids is done properly within certified limits."

HB 688 and HB 690 have been referred to a subcommittee of the House Committee on Agriculture, Chesapeake and Natural Resources. Both bills are likely to die there this week. Tuesday, Feb. 14, is the deadline for the House and Senate to pass their bills and send them to the other chamber for consideration.