Fertilizer from human waste faces scrutiny however stays worthwhile

Studying Time: 11 minutes

The cool morning spring breeze hit Saundra Traywick “like a punch to the face.”

Strolling by her wooded 38-acre donkey farm in central Oklahoma in early 2019, Traywick immediately discovered it arduous to breathe because the air smelled “poisonous” and “like loss of life.” 

Lower than a mile away, a truck was spreading a chunky darkish fertilizer on a 50-acre hay farm, a well-known ritual on this rural group simply past Oklahoma Metropolis’s northeast suburbs.

However this fertilizer was laying aside a odor that Traywick had by no means encountered. She quickly found the fertilizer was produced from processed sewage.

Changing sewage to fertilizer saves cities cash on landfill prices, is a less expensive nutrient-rich fertilizer for farmers, and has develop into a billion-dollar trade for a handful of corporations. Nonetheless, biosolid fertilizer has been proven to comprise chemical compounds that may hurt the atmosphere and human well being. 

“Basically something that goes down the drain finally ends up on these fields,” stated Traywick, who, months after first studying about biosolid fertilizer, urged the close by city of Luther to ban it, which metropolis leaders did in 2020. 

Scientific research are more and more warning in regards to the PFAS chemical compounds present in biosolid fertilizers. PFAS — brief for per- and polyfluoroalkyl substances, additionally known as “eternally chemical compounds” — will be discovered in lots of water- and heat-resistant merchandise, private hygiene supplies, remedy and industrial waste.  

However whereas some states have just lately restricted or banned biosolid fertilizer solely after discovering it contaminated farmland and groundwater, Oklahoma lawmakers and environmental officers tried to take steps this yr to guard cities and companies from legal responsibility if new well being issues are discovered. 

The EPA estimates that as a lot as 3.5 million dry metric tons of handled sewage waste is unfold as fertilizer throughout the nation yearly — sufficient to cowl your entire state of Missouri. 

Oklahoma has one of the vital in depth biosolid fertilizer applications within the nation, as greater than 80% of the state’s wastewater sludge finally ends up on crop fields, based on Examine Midwest’s evaluation of state information.

Synagro, a Goldman Sachs-owned firm that spreads a lot of the biosolid fertilizer in Oklahoma and throughout the nation, has lobbied towards new rules over “eternally chemical compounds” in its fertilizer, even because it faces lawsuits from farmers claiming its product has devalued their land and created quite a few well being issues. “Biosolids are a nutrient-rich end-product of the wastewater solids therapy course of which have been handled to make sure protected use in agricultural land utility,” the corporate stated in a press release. 

The problem has additionally taken middle stage in an Oklahoma state Home race as a longtime lawmaker who makes use of biosolid fertilizer on his land dangers dropping to a challenger who needs to finish the apply. 

“I’d say it’s one of many most important points,” Traywick stated in regards to the upcoming state Home election. 

Whereas scientists have found PFAS chemical compounds exist already within the blood of almost each residing individual and animal on the planet, latest research have raised issues about elevated PFAS publicity by its presence in biosolid fertilizers, which impacts the air, water and meals.  

“The scientific group has put much more focus (just lately) on PFAS and the way harmful they are often even at low ranges,” stated Jared Hayes, a coverage analyst with the Environmental Working Group who makes a speciality of “eternally chemical compounds.” 

In response to rising well being issues, the Environmental Safety Company just lately introduced it’ll require municipal water techniques to take away almost all PFAS substances. These rules, some predict, might value as a lot as $3 billion in new gear nationwide. 

Nonetheless, the brand new guidelines don’t change the present requirements of PFAS publicity in fertilizer. 

“There are a number of unknowns of what we’re going to do with the biosolids,” Hayes stated.  

Biosolid fertilizer rankled a city and a state Home election

Driving down a rolling two-lane street in central Oklahoma, Jenni White lifted her proper hand off the steering wheel of her silver Honda CRV to level to a different discipline that makes use of biosolid fertilizer. 

“That discipline is among the worst; I imply, I used to be hacking up a lung when it was unfold, I couldn’t catch my breath, it’s so sturdy,” stated White, pointing by her bug-splattered windshield. 

As she handed the following discipline, White recalled that the farmer had just lately stopped utilizing biosolid fertilizer when his neighbors complained. “I feel he simply thought it wasn’t definitely worth the problem,” White stated.

White was mayor of Luther in 2020 when Traywick, the world donkey farmer, approached the city with issues over biosolid fertilizers. White was already conscious of its use however believed Traywick’s activism warranted dialogue amongst Luther’s 5 elected trustees. 

A ban in Luther wouldn’t influence many farmers, because the city is lower than 5 sq. miles and a lot of the space farms are exterior its boundaries. However the dialogue drew a go to from two officers from Synagro. 

One of many officers, recognized as Layne Baroldi by the Luther Register, gave a presentation on the advantages of biosolid fertilizer. 

Baroldi stated California had among the strictest environmental rules within the nation — you “can’t cough with out getting cited,” so the truth that biosolid fertilizer is allowed there needs to be reassuring to people in Oklahoma. “Placing it on the bottom was (the) greatest apply,” Baroldi instructed the trustees. 

However the presentation wasn’t sufficient, because the trustees voted to enact the ban. 

(Examine Midwest spoke to 5 Oklahoma farmers who use biosolid fertilizers however none would communicate on the report as a result of native opposition. Most stated their fertilizer prices would improve considerably if biosolid fertilizer have been unavailable. “I acquired an additional hay chopping this yr after utilizing it,” one Oklahoma farmer stated.)

Whereas the Luther ban solely impacted a number of farmers, White, whose time period as mayor resulted in 2021, believes it was an necessary message from a group the place agriculture stays an important a part of the native id. 

“We’ve been known as a bunch of loopy environmental activists, however I don’t know the way it’s loopy to verify your meals and water aren’t contaminated on your youngsters,” stated White, a Republican who drinks from a Donald Trump-themed thermos whereas driving. 

“A Democrat or a liberal goes to drink the identical tainted water {that a} Republican or conservative is. All people is screwed, it’s not a selective screwing,” she added.

However biosolid fertilizer is rankling native Republican politics because it’s develop into a central challenge within the race for Home District 32, which is close to Luther. 

Incumbent State Rep. Kevin Wallace seemed to be a lock for reelection. He has represented the closely conservative seat for 5 two-year phrases and has risen up the ranks of Republican politics, together with as chair of the high-profile Home finances committee. 

Nonetheless, Wallace’s use of biosolid fertilizer on his land has drawn criticism from some voters. Throughout a June 4 candidate discussion board, Wallace was confronted by some constituents who requested why he wouldn’t come out towards the fertilizer, what they known as “humanure.” 

“The biosolids sludge is regulated by the Division of Environmental High quality, I’ve used it twice … it has been authorized to make use of on this state for eight years now,” Wallace stated on the discussion board.

Wallace acknowledged he had acquired complaints from his neighbors, however “property rights is what I’m for … (and) I’m not breaking the regulation,” he instructed the viewers. 

Two weeks later, Wallace completed second within the Republican major, advancing to an Aug. 27 runoff towards challenger Jim Shaw, who opposes the usage of biosolid fertilizer. 

Wallace declined an interview request however in an emailed assertion stated biosolid fertilizer was “closely” regulated on the state and federal ranges. 

“I’ve had the Division of Environmental High quality into the district up to now to reply questions at a discussion board and the state of Oklahoma has labored instantly with prime directors on the EPA in Dallas on this challenge to make sure environmental requirements are met,” Wallace stated in his assertion. “The underside line is, the one different to present disposal of biosolids is for extra of it to be dumped in landfills, which can create extra landfills in rural Oklahoma.”

Greater than 44,000 metric tons of biosolids have been utilized on Oklahoma fields in 2023, based on information from the Oklahoma Division of Environmental High quality, which points permits to use biosolid fertilizer. Round 40% of all biosolid fertilizer within the state was processed by Oklahoma Metropolis waste. 

Oklahoma has limits for 10 pollution in fertilizer, together with mercury and arsenic. State legal guidelines additionally require fertilizer to have a strong consistency of larger than 50%, be examined for viruses and to boost the pH stage, which is most frequently achieved by the usage of lime. 

However Shaw, the District 32 challenger who completed first within the June Republican major, stated if he have been elected it might ship a message that “nearly all of individuals out listed below are saying no to this apply.” 

“I might say the notice of (biosolid fertilizer) has considerably elevated in latest months, particularly through the marketing campaign,” Shaw stated. “I’m all for property rights however my proper to swing my fist stops the place it hits your nostril, … and as soon as (the fertilizer) is utilized it does attain past the 4 corners of your property.” 

Federal rules spurred a biosolid trade managed by a number of corporations

When Congress handed the Clear Water Act in 1974, cities and cities confronted stricter guidelines on the way to course of sewage. New biosolid supplies wanted to be disposed of and a handful of corporations launched in an effort to fill the necessity. 

Enterprise picked up through the years as new guidelines have been set, together with a federal ban on dumping biosolid materials within the ocean. 

Established in 1986 in Texas, Synagro contracted with a whole lot of cities to deal with its biosolid waste, together with land utility as fertilizer. In 2000, the corporate bought BioGro, one other giant biosolid agency, turning into the most important biosolid handler within the nation. 

Synagro is a privately held firm, so its valuation isn’t publicly out there. Nonetheless, in 2013 a European funding agency bought the corporate for $480 million. 

Since then, Synagro has acquired a number of different corporations, entered the Canadian market and almost doubled the variety of municipal and industrial wastewater services it contracts with. 

In 2020, Syangro was offered for an undisclosed worth to West Avenue Infrastructure Companions III, an funding fund managed by Goldman Sachs.

At present, the corporate operates 24 services within the U.S. and Canada and handles 6.5 million tons of biosolid materials yearly, based on a 2023 firm report. 

“Biosolids are a nutrient-rich end-product of the wastewater solids therapy course of which have been handled to make sure protected use in agricultural land utility,” an organization spokesperson wrote in an emailed assertion to Examine Midwest. “Biosolids present a number of advantages to total soil high quality and well being, together with improved moisture absorption means, recycling of micro and macro vitamins, carbon avoidance, decreased nutrient leaching, and decrease use of industrially produced chemical fertilizers. U.S. EPA and state environmental companies have accepted and controlled biosolids for many years and a number of danger assessments and scientific research have discovered that biosolids recycling presents little to no danger to human well being and the atmosphere.”

Synagro handles a lot of the biosolid materials produced by Oklahoma Metropolis’s wastewater system, though it doesn’t contract instantly with town. 

Oklahoma Metropolis contracts with Inframark to handle its wastewater system. Inframark then sells the biosolid materials to Synagro. 

“Town of Oklahoma Metropolis (doesn’t) have a direct contract with Synagro,” stated Jasmine Morris, a spokesperson for town, when requested why Examine Midwest was unable to get a Synagro contract by an open information request. “Below contract with (Oklahoma Metropolis), Inframark is chargeable for the disposal of biosolids. Below stated contract, what Inframark self-performs, or who they subcontract to, is at their discretion. At present, they’re utilizing Synagro South LLC for this exercise, however the phrases of their contract with Synagro usually are not disclosed to (the Oklahoma Metropolis Water Utilities Belief).”

Amid the elevated deal with PFAS chemical compounds in waste and fertilizer, Synagro has additionally lobbied to make sure cities and firms usually are not held liable. 

In 2022, the corporate created a nonprofit enterprise affiliation known as the Coalition of Recyclers of Residual Organics by Practitioners of Sustainability (CRROPS). Synagro’s CEO, Bob Preston, serves as chairman of the group, which has spent $220,000 on federal lobbying since its founding, based on lobbying disclosure types. 

Final yr, because the EPA thought of new guidelines on PFAS ranges in consuming water, the coalition urged lawmakers to defend corporations and cities from authorized legal responsibility. 

“We write to induce that any laws … embrace a selected provision to make sure that the organizations we symbolize are explicitly acknowledged as ‘passive receivers’ of PFAS and afford these important public providers a slim exemption from legal responsibility below the Complete Environmental Response, Compensation, and Legal responsibility Act (CERCLA),” CRROPS wrote in an Aug. 24, 2023, letter. 

However as Synagro makes an attempt to sometime forestall lawsuits, authorized challenges have already arrived. 

Earlier this yr, 5 Texas farmers sued Synagro, claiming their properties have been “poisoned by poisonous chemical compounds” within the biosolid fertilizer the corporate unfold on close by farms. A number of the plaintiffs additionally declare they started affected by respiratory issues and pores and skin irritation when the biosolid fertilizer was unfold. 

Lots of the plaintiffs additionally declare their groundwater has elevated ranges of PFAS, with one farmer stating {that a} serving of 1 fish from his pond would exceed the EPA’s advisable PFAS publicity by 30,000 instances.  

For the previous 5 years, Synagro has contracted with town of Fort Price to handle its biosolids applications and has unfold the processed waste in 12 north Texas counties. The lawsuit claims Synagro ought to have issued stronger warnings about its fertilizer product. 

“Synagro knew, or moderately ought to have recognized, of the foreseeable dangers and defects of its biosolids fertilizer,” the lawsuit states, which was filed in Maryland, the place Synagro relies. “Synagro nonetheless failed to supply ample warnings of the recognized and foreseeable danger or hazard associated to the way in which Synagro (Granulite) was designed, together with air pollution of properties and water provides with PFAS.” 

In a press release to Examine Midwest, Synagro denied the allegations, calling them “unproven and novel.” 

“As a matter of truth, with none response from Synagro, the plaintiffs have already amended the criticism to drastically scale back the concentrations of PFAS alleged within the criticism when it was initially filed,” the corporate stated in an emailed assertion. “The biosolids utilized by a farmer working with Synagro met all U.S. EPA and Texas Fee on Environmental High quality (TCEQ) necessities. U.S. EPA continues to assist land utility of biosolids as a precious apply that recycles vitamins to farmland and has not advised that any modifications in biosolids administration is required.”

Some push for nationwide rules 

As Synagro lobbies for federal legal responsibility protections, lawmakers in Oklahoma just lately thought of an analogous proposal that will shield cities and firms from lawsuits if the biosolids they produce and convert into fertilizer have been later discovered to be dangerous. 

Oklahoma Home Invoice 2305 acknowledged {that a} waste administration or disposal firm, together with a public wastewater therapy facility, “shall not be liable … for prices arising from a launch to the atmosphere of a PFAS substance” so long as state legal guidelines are adopted. 

The invoice acquired overwhelming bipartisan assist in each the Home and Senate however didn’t obtain ultimate approval earlier than the legislative session resulted in Could. 

Throughout an April 4 Senate committee listening to, Sen. David Rader, a Tulsa Republican, offered the invoice and stated he needed to make sure cities have been shielded from legal responsibility since they weren’t chargeable for producing the chemical compounds present in biosolid fertilizers. 

However one lawmaker requested if the invoice would nonetheless shield polluters. 

“Does this create an alibi for the one who pollutes a water supply and says, ‘I adopted the state process, so it’s not my fault?’ ” requested Sen. Dusty Deevers, an Elgin Republican. 

“I suppose it might,” Rader answered. 

Scott Thompson, then the director of the Oklahoma Division of Environmental High quality, was additionally within the room supporting the invoice.

“(Cities and cities) are receiving this PFAS within the waste stream … what we’re involved about is the longer term legal responsibility below the federal regulation as they get handed,” Thompson instructed lawmakers. “(The EPA) goes to very tiny numbers that we have now to measure and basically creating potential legal responsibility for everybody that has to obtain this and handle it.” 

Requested about Thompson’s feedback, Oklahoma Division of Environmental High quality officers reiterated their assist.

“DEQ would assist some model of federal laws that gives safety for sure passive receivers who present crucial, public well being providers,” stated Erin Hatfield, the company’s director of communications and schooling. “As for elevated PFAS requirements, DEQ want to see extra analysis executed to additional decide well being impacts associated to PFAS and requirements based mostly on scientific findings.”

Different states have stated the well being impacts are already obvious and biosolid fertilizer needs to be banned or severely restricted. 

In 2022, the Maine legislature banned the usage of biosolid fertilizer and allotted $60 million to assist contaminated farms, together with many dairy farms that have been compelled to close down. 

In Michigan, the place cattle farms have been compelled to close down as a result of tainted beef, biosolid PFAS requirements are stricter than in most states. The state additionally has an aggressive investigation program to attempt to determine the particular supply of PFAS contaminants. 

Nonetheless, some environmental watch teams have scoffed at a state-by-state strategy, calling for nationwide rules as a substitute. 

Earlier this yr, the Maryland-based environmental nonprofit Public Workers for Environmental Accountability, or PEER, sued the EPA over the shortage of biosolid fertilizer requirements. 

“EPA has deemed it acceptable for biosolids containing PFAS and different recognized poisonous chemical compounds to be utilized on to soil as fertilizer, the place these man-made contaminants then construct up within the atmosphere, exacerbating the PFAS contamination disaster,” Tim Whitehouse, PEER government director, wrote in a Feb. 22, 2024, letter to the EPA. “This isn’t protecting of human well being or the atmosphere.”

The EPA declined to touch upon pending litigation. 

Whereas the EPA has made progress on congressionally mandated PFAS guidelines associated to consuming water, it has but to finish a danger evaluation of PFAS in biosolid, based on monitoring by the Environmental Working Group nonprofit. 

“We’re actually hoping to see them end that up by the tip of the yr and to essentially get a superb image of simply how a lot of our total exposures to PFAS is the results of PFAS in biosolid probably contaminating our meals provide and the environment,” stated Hayes, the coverage analyst with EWG. “Within the meantime, states have been main the cost and taking motion.”