United States      Solid Waste and
             Environmental Protection Emergency Response EPA/530-SW-91-077
             Agency         (OS-305)          October 1991
&EPA     Regulatory
             Determination
             Landfills and Surface
             Impoundments Receiving
             Pulp and Paper Mill Sludge

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              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.  20460
                             NOV -8  '9Hi
                                                       OFFICE OP
                                             SOLID WASTE AND EMERGENCY RESPONSE
Mark Van Putten, Esq.
National Wildlife Federation
Great Lakes National Resource Center
802 Monroe
Ann Arbor, MI  48104

Karen Florini, Esq.
Environmental Defense Fund
1616 P Street, N.W.
Washington, D.C.  20036

     Re:  Consent Decree in Environmental Defense Fund and
          National Wildlife Federation v. Thomas.  (D.D.C. No.  85-
          0973, July 27, 1988)

Dear Counsel:

     The Environmental Protection Agency (EPA),  in compliance with
paragraph 17(B) of the subject Consent Decree, hereby  informs  you
that  it has  made  a determination  not to  promulgate  additional
regulations for landfills and surface impoundments receiving sludge
from chlorine and chlorine derivative bleached pulp and paper mills
under Subtitle  D of the  Resource Conservation  and Recovery  Act
(RCRA).   EPA has based its determination on several factors.

     EPA  has  concluded  that, under  current  conditions,  dioxin
contained  in  pulp  and  paper  mill  sludges  does  not pose  an
unreasonable risk to human health and the environment when disposed
in landfills and surface impoundments.

     The Agency's initial comprehensive risk assessment (provided
to you in 1990 under this  consent  decree) indicated  that the major
potential  risk  to  human  health from  these  disposal units  is
contamination of surface waters and subsequent bioaccumulation of
dioxin in fish resulting from run-off from these units.  Based on
information  more recently  collected by the  Agency  under  this
consent  decree,  EPA has  concluded that human health risks   are
minimal because:  (1) almost  all  of  these facilities have run-off
controls that would substantially mitigate potential risk and  (2)
the  incorporation  of  more  realistic assumptions  and new  site
specific  information  in  EPA's risk assessment show the risks to
human health are considerably lower than  previously estimated, even
without run-off controls.

     The Agency has also evaluated the potential risks  to wildlife
from these disposal units as part of today's  action,  even though in
the   1990   risk  assessment   this  pathway   was  not  considered
                                                       or

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significant enough to evaluate.  The Agency has concluded that
there  would be  exposure  and  potential  risk  to  wildlife that
actively forage in these disposal units. However,  current evidence
does  not  indicate  significant  levels  of  foraging   or  other
biological activities that  would  lead to  significant exposure at
these  units.    In  addition,  there  are  significant  ecological
differences that" generally  exist between  these  units  and land
application sites where pulp and  paper mill sludges are disposed
directly into wildlife habitats and  feeding areas  (and  for which
the Agency recently proposed regulations under the  Toxic Substances
Control Act (TSCA)).  EPA has no reason to believe, therefore, that
there is significant exposure at these sites.

     The conditions within these sludge disposal units are visibly
and biologically different from the conditions at  land application
sites.  For example, because of the physical  nature of these units,
active landfills and surface impoundments do not appear to provide
a suitable habitat (i.e., a  place to live)  for many species.  Daily
disposal operations,  using trucks, bulldozers, pipelines  and other
types  of  sludge  spreaders,  are expected to further  reduce  the
likelihood that individual landfills and surface impoundments would
be available for wildlife as a feeding source.  Therefore, wildlife
would  generally  have  to  come from  habitat  areas outside  the
landfill or surface  impoundment to feed.    Landfills  and surface
impoundments are  often at  least partially separated from habitat
areas by  industrial  activity and structures, which would  impede
access to  these units.   EPA has  enclosed photographs  with this
letter which  illustrate differences  in the  physical  nature  of
landfills  and  surface   impoundments   versus  land  application
facilities.

     EPA also has information which indicates that other types  of
pulp and paper mill waste,  including  fly ash  and  lime  (which  are
not wildlife food  sources) are sometimes co-disposed  with  sludge in
these  waste management  units, which  would  further  reduce  the
likelihood that these units would serve as a source of food.

     The remainder of this letter discusses  the risk assessment
and other factors that lead to EPA's determination in more detail.
We  have  enclosed copies  of key  supporting  documents with  this
letter.  We have also enclosed a list of all supporting information
contained in RCRA docket No. F-91-PSLD, the  docket established  to
support this determination, should you need  to see any additional
documents which do not accompany this letter.

     As you are  aware,  EPA's Office of Research  and  Development
(ORD) is currently reassessing the risks of dioxin to human  health
and the environment.  If ORD's reassessment  indicates  that  dioxin
could pose greater risks to human health and the  environment than
the  risks  estimated in today's action regarding  pulp and  paper
sludge, EPA  will  reconsider  its  decision not to regulate  these
facilities under Subtitle D of RCRA, and will so notify you.  Such

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reconsideration, however, is independent of EPA's obligation under
the consent decree.  This letter fulfills  EPA's  obligations under
the consent decree.
Background:

     The consent  decree which  is  the subject  of  today's action
required  EPA  to  undertake  a  number  of  regulatory  activities
regarding pulp  and  paper mills, including  a multi-media, multi-
pathway risk assessment for 2,3,7,8-TCDD and  2,3,7,8-TCDF effluents
and  wastes  from  these facilities.    EPA,  the  Food and  Drug
Administration  (FDA),  and the  Consumer Product Safety Commission
(CPSC) performed the risk assessment.  The risk assessment consists
of  10  separate assessments examining  approximately 120  exposure
pathways,  including  sludge  disposal  in landfills and  surface
impoundments.   The multi-pathway  risk  assessment is  entitled
"Integrated Risk Assessment for Dioxins  and Furans from Chlorine
Bleaching in  Pulp  and Paper Mills"  (EPA 560/90-011,  July,  1990.
The sludge risk assessment is  entitled "Assessment of Risks from
Exposure of  Humans, Terrestrial and Avian  Wildlife,  and Aquatic
Life to  Dioxins and Furans  from Disposal and Use  of  Sludge from
Bleached Kraft and Sulfite Pulp and Paper Mills"  (EPA 560/5-90-013,
July, 1990) .

     Paragraph 17(B) of the consent decree required EPA to take at
least one of  four possible actions by April 30, 1990,  concerning
matters addressed  in the risk  assessment.   The  four options were:

     1.   Commit to propose regulations controlling risks from
     various exposure pathways of concern by April 30,  1991.

     2.   Commit to refer, under Section  9 of the Toxic Substances
     Control Act (TSCA),  some or all matters  under consideration to
     another Federal agency or agencies by October 30,  1990;

     3.   Determine not  to propose regulations  or  make referrals
     to other agencies; and

     4.   Determine that EPA does not have sufficient information
     to  make  one  of  the above  determinations, and establish  a
     schedule to obtain the required information by  April 30,  1991,
     then within 180 days after the information is  gathered,  take
     at least one of the required actions permitted  in options one,
     two or three.

     In a letter dated April  30, 1990, EPA's Deputy Administrator
informed you  of the  results of the Agency's multi-pathway  risk
assessment  that considered  potential risks  from  104 mills  of
concern.  EPA used the results of this risk assessment to determine
which pathways should be targeted for further action.  Based on the
results of the risk assessment,  EPA informed  you of the  Agency's

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decision to revise effluent guidelines and standards  for  chlorine
bleaching pulp  and  paper mills under the Clean  Water Act and to
address  the   risks  associated  with   land  application   (soil
conditioning) of sludge  from these mills under the TSCA.

     EPA also  used  the multi-pathway risk assessment to make an
initial determination concerning potential exposure pathways from
landfills and  surface  impoundments  that  receive sludge from pulp
and paper mill waste water treatment.  Based on the multi-pathway
risk assessment,  EPA concluded that the run-off  pathway was the
only pathway of concern regarding risks to human health and aquatic
organisms  from  dioxin  in  landfills  and  surface   impoundments
containing pulp and  paper  mill  sludge.   This result was based on
extreme worst case assumptions concerning the  location  and physical
characteristics  of   landfills  and  surface  impoundments, and  on
available data  from EPA's "104 mill"  study  reports  on pulp and
paper mill sludge concentrations.

     Based on this assessment,  EPA determined that additional time
was needed to  gather information  to more thoroughly evaluate the
run-off  pathway from  landfills and surface  impoundments.    EPA
notified you in its  April  30,  1990,  letter that the Agency would
gather additional  information in accordance with option 4 described
above.

     EPA also committed in the letter to "study possible regulation
of sludge run-off  from landfills and surface impoundments under the
Resource Conservation and  Recovery  Act  (RCRA)"  and, based on the
results of its  study,  to make  a determination  to  regulate or not
regulate landfills and surface impoundments  under RCRA by the end
of October,  1991.   Today's action fulfills  these commitments.

     Today's action addresses,  in  addition to the run-off pathway,
potential terrestrial wildlife risks that may result from ingestion
of  sludge  by  animals  that  forage  in  landfills  or  surface
impoundments.  While this pathway was not an initial concern in the
1990 risk assessment, subsequent analysis of  potential risks from
the land application of sludge  indicated that direct ingestion is,
in  fact,  a  pathway of  concern regarding  terrestrial  wildlife.
Consequently, EPA has addressed this pathway  in today's action.


Basis for EPA's Determination:

     Section 4004(a) of RCRA provides the Agency with authority to
publish  criteria  to  ensure  that  no reasonable  probability  of
adverse effects on  health  or the environment results  from  solid
waste disposal (42 U.S.C. 6944  (a)).  A facility or practice  which
meets  such  criteria  is  classified as  a sanitary  landfill.   A
facility failing  to meet the  criteria  is  classified  as  an  open
dump.  Open dumping is prohibited  under  RCRA  section 4005  (a).

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     The legislative history of the Solid Waste Disposal Act  does
not elaborate upon the  meaning of the phrase in Section 4004(a)  "no
reasonable probability of adverse  effects."   However,  case  law
addressing the meaning of the word "reasonable" in other contexts
indicates that EPA has discretion in deciding when regulation  is
necessary under Subtitle D.  Specifically, the  term "reasonable"  in
other statutes  has been read  to  imply a  balancing  of competing
factors (See e.g., American Textile Manufacturers Institute,  Inc.
v. Donovan.  452 U.S. 490 (1981); Citv of New York v. EPA. 543 F.  X.
1084 (S.D.N.Y. 1981.).

     EPA  has determined  not  to  initiate  rulemaking  under RCRA
section 4004  (a)  to manage the  disposal of pulp  and paper mill
sludges in landfills and surface impoundments based on several
factors.1  These factors include:


     1.   Potential risk to  human health  and  aquatic organisms:
     EPA's revised risk assessment, which reflects more appropriate
     exposure assumptions and new data on existing waste management
     practices and site specific exposure parameters,  indicates the
     potential for run-off and resulting risks  to human health are
     significantly below previous estimates and minimal, even for
     the hypothetical most exposed individual.

     2.   Potential risk  to wildlife:    EPA's  risk assessment
     indicates that foraging in landfills or surface  impoundments
     may  pose a  potential  risk to  wildlife.    However,  current
     evidence does not  indicate that there is sufficient wildlife
     activity at  these  sites to result in an unreasonable risk..

     3.   Existing State and  Federal  regulations:   Existing State
     regulations provide adequate authority for protection against
     adverse   effects   to  human  health  and  the   environment
     originating  from the run-off pathway discussed under factor 1
     above.

     These factors are explained further below.
     1   Today's action does not address the separate criteria f?r
listing  hazardous wastes  under  Section 3001 of  RCRA.   EPA - »j
committed to consider a Subtitle C listing for these wastes uri-^r
the  conditions set  out  in the  proposed consent  decree per.dL.--j
before  the  U.S.  District  Court  for  the District  of  Columbia   . -
Environmental Defense Fund v. Reilly. D.D.C.  No. 89-0598 (the "?::.\
mega-deadline" litigation).  Also,  in making today's decision t-\*
generic  rulemaking under RCRA Subtitle  D  is not  warranted,  •-••
Agency  did  not assess the  potential need  for any site spec i: . •
order to abate any imminent and substantial endangerment to h . - \-
health  or  the  environment under  RCRA Section   7003  or  C---T
authorities.

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1.  potential Risk to human health and aquatic organisms:  Revised
exposure assumptions  and  new data which more accurately  reflect
current practices show that existing waste management practices and
site specific exposure parameters reduce the  potential  for run-off
and resulting potential risks to human health to levels well below
previous estimates.

      EPA used the same risk assessment methodology for today's
determination as  was used in the  multi-pathway  risk  assessment.
However, EPA has made some changes  in assumptions used  in  the
original multi-pathway risk  assessment,  which were often extreme
worst-case  assumptions.    These  generic changes  were  previously
included in the  analysis  for the proposed  pulp and  paper  mill
sludge  land application rule (56  FR  21802,  May  10, 1991).   For
example, more realistic  parameters   concerning  size  of  run-off
drainage areas and type of vegetative  cover have been incorporated
into the risk assessment supporting today's action compared to the
values  that were  used in the 1990 risk assessment.   For today's
determination, EPA  also used site-specific  exposure   information
such as landfill size and distance to  surface water.  In addition,
this  assessment  uses  site specific  information  on run-off  and
erosion controls (gathered using section 308 authority of the Clean
Water Act,   section 3007 of RCRA, and section 104 of the Clean Air
Act) to better assess  the potential for run-off  at the facilities
of concern.

     In addition to the site-specific  run-off control information,
EPA collected section  308 data on the types of production process
changes individual mills have made to  reduce  or eliminate chlorine
use   in  bleaching   processes    and   consequently  reduce   the
concentration of dioxins in products,  effluents and sludges.  These
new data were not  factored directly into the risk assessment model,
but  were considered  as supplemental  information in  support  of
today's action.   The supplemental  data showed that 64  facilities
have made substantial changes to their bleach  plant operations that
in some cases may  have reduced dioxin levels in effluents below the
levels  recorded in EPA's earlier "104 mill study" reports  (which
provided dioxin  concentrations  for  the 1990 multi-pathway  risk
assessment).  EPA has noted at least 8  categories of trends in  the
reduction or elimination of chlorine in pulp  and paper  bleaching,
including,   for example:

     o    Increased  substitution  of chlorine dioxide for  chorine
          in the chlorination stage of the bleaching process;

     o    Modernization  and  improvement in  controlling  chlorine
          bleaching,  and

     o    Increased  use of  peroxide   to  enhance  the  extraction
          stages of the bleaching process.

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EPA  is collecting data  on  additional  dioxin-reducing  process
changes implemented since 1990.

   EPA's  revised  risk   assessment,   taken  together  with  the
supplemental data, indicates that potential risks are  likely to be
significantly  lower  than  EPA's  previous estimates.   The Agency
recognizes  that  the site  specific run-off controls,  which have
recently been  identified,  may not  completely eliminate run-off;
however, EPA  is certain  that these  controls will substantially
mitigate potential risks below EPA's previous estimates,  which were
based on a completely uncontrolled run-off scenario. The resulting
risks to human health and aquatic organisms are negligible for the
average exposed individual and minimal to  the  hypothetical maximum
exposed individual (MEI).


2.  Potential risk to wildlife:   EPA's risk analysis for landfills
and surface impoundments indicates there is a potential for risk to
wildlife that feed in landfills or surface impoundments, but these
risks appear to be limited.

     The Agency's  multi-pathway  risk assessment  did not consider
risks to wildlife  (other than aquatic  species affected  by runoff)
from landfills and surface impoundments.  Since that time, EPA has
expanded its assessment of potential risks to wildlife.  As part of
the  analysis  of alternative  disposal  practices  discussed in the
EPA's recently proposed pulp and paper mill sludge land application
rule, EPA examined potential risks to birds and small mammals which
may  forage  in  land  application  areas and sludge  landfills  and
surface impoundments.  Today's action  reflects that analysis.

     EPA  concluded,  based  on the results of  the revised  risk
assessment,  that  risks  to  wildlife  at  landfills   and  surface
impoundments are  limited and  are  considerably less than the risks
to wildlife in areas where sludge  has been land applied for two key
reasons.  First, the active portions of many landfills and surface
impoundments do not provide a habitat (i.e., a place to  live) and,
second, they do not provide an attractive food  source for wildlife.
In contrast, open  fields and forests, which are often  used as land
application sites, do  provide habitat and a more accessible food
source.  These reasons are  further  explained  below.

     On   an  individual   site   basis,   landfills  and  surface
impoundments  are  typically much  smaller than  land  application
sites.   A  typical landfill or surface impoundment is  30 acres in
size,  although some are larger.  In contrast a typical sludge land
application site  is 200 acres in size (again,  some are larger)  .
Even though there  are many more landfills  and  surface  impoundments
than land application sites, the  smaller site sizes and the lack of
habitat will limit the number of  animals  feeding there.

     As noted in the introduction to this letter (but repeated here

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for convenience) EPA believes, based on the limited data we have,
that active  landfills  and surface impoundments  do  not provide a
suitable  habitat  (i.e.,   a  place  to  live)   for many  species.
Therefore, wildlife would have to come from habitat areas outside
the landfill or surface impoundment to feed. Landfills  and surface
impoundments are often separated from habitat areas by industrial
activity and structures,  which would  impede access to these units.

     Daily disposal-operations, using trucks, bulldozers, pipelines
and other types of sludge spreaders,  are likely to further reduce
the likelihood that individual landfills and surface impoundments
would be available for feeding.  EPA has data that indicates that
other types  of pulp  and  paper mill waste, including  fly ash and
lime  (which are  not wildlife  food  sources)  are sometimes  co-
disposed with sludge in these waste management units,  which would
make these units even less accessible as potential food sources.

     The  projected  risks  to  wildlife  that  forage  in  these
facilities could possibly be reduced by consistent application of
daily or frequent soil cover.  Nearly all States require daily or
periodic cover for landfills, although the responses to  the section
308 questionnaires showed that these requirements are often not
implemented.  Although EPA has  concluded that actual exposures are
unlikely to be significant, EPA plans to share information on the
terrestrial risks to wildlife  with the  States,  encourage them to
determine whether any wildlife  are actually  feeding  at landfills
and use  existing  State cover requirements if  they  find  wildlife
feeding at the units.  Applying daily  cover to surface impoundments
would not be practical unless the sludge is further dewatered.  The
costs of converting  surface  impoundment  practices (including the
costs  of  closing surface  impoundments  or  converting  them  to
landfills,  investing in  dewatering equipment,  expanding  landfill
operations,  and  applying  daily  cover  for  expanded  landfill
operations),  however,  are  likely  to  be  substantial.   EPA  has
concluded that  imposing these  costs  is  not warranted  in  light of
the  low possibility  that  significant  numbers  of  wildlife  are
actually exposed due to feeding at surface impoundments.

     Notwithstanding  the  previous  discussion,   the   Agency  is
currently reassessing the risks of dioxin to  human health and the
environment, including wildlife.   If  the reassessment indicates
greater risks or additional data collected by EPA shows significant
wildlife risks, EPA will  reconsider  its  decision not  to  regulate
these facilities.  Such activities,  however, will be independent of
EPA's obligations under the consent decree.


3.  Existing  State  and  Federal regulations  provide  reasonable
protection against potential risks from run-off:

     EPA has gathered information on how States regulate landfills
and surface impoundments receiving sludge from pulp and paper mills

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and concludes that, except in the limited circumstances discussed
below,  existing  State  regulatory requirements  provide adequate
regulatory safeguards against potential risks to human health and
wildlife that could result from run-off from these facilities.

     EPA  found that  nearly  all  the  29  states  in  which these
facilities are located require run-off and erosion controls. These
controls often include berms  (a widely used engineering practice)
around disposal units  to prevent contaminated run-off  from entering
or exiting the unit.  Other  practices include structures  such as
diversion ditches and final cover on the closed unit.

     EPA's section 308 data on facility-specific waste management
practices indicate that  four  facilities  (three  landfills and one
surface  impoundment)  do not have  run-off  controls in  place,
although the State  regulations in which these landfills are  located
specifically  require  run-off controls.   The State  in  which the
surface  impoundment  is  located  has  very  specific  regulatory
requirements  to prevent run-off from  landfills,  but the State's
regulations  do not  specifically  identify  surface  impoundment
run-off requirements.

     Considering the scope of existing State regulations, EPA has
determined that the best use of its resources is to work directly
with  the  four States  in which these  facilities are  located  to
determine whether  there  is,  in  fact,  a potential for run-off and
resulting risk at  the four sites  in question.   Where significant
problems are identified,  EPA will either work with the States using
existing  State authorities,  or  take  independent  action using
Federal authority (such as RCRA  7003  authority, if an imminent and
substantial endangerment to human health or the environment exists,
or Clean Water Act authority as described below)  to correct these
problems.  Where appropriate,  EPA will also work with the States to
provide technical  assistance to  the companies  to  improve waste
management practices where they are needed.

     In addition to existing  state  regulations,  EPA  has recently
promulgated permit application  regulations  under the Clean Water
Act (CWA) National Pollutant Discharge Elimination System  (NPDES)
that address certain storm water discharges  (55 FR 47990, November
16,  1990)  and may have  applicability  at some  of  the  sites  of
concern.   The  November  16,  1990,   rule  addresses  point  source
discharges  of storm  water  from  certain industrial  facilities,
including landfills,  land application  sites,  and open dumps that
receive or have received industrial  wastes, such as pulp and paper
mill  sludge.   Under this program, EPA or  authorized  NPDES  States
will  incorporate appropriate  effluent  limitation guidelines into
NPDES permits for such discharges  after the effluent guideline for
this  industry is revised in  accordance with  the  schedule of this
consent  decree.    Before  the  issuance  of  a  revised  effluent
guideline, EPA has the  authority  to incorporate  technology-based
performance  requirements  and  water  quality-based  controls  as

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appropriate and  monitoring for  storm  water discharges  in NPDES
permits on a case-by-case basis in the  12 States for which EPA has
Clean Water Act permitting authority.   This authority is reflected
in a series of  draft NPDES general permits for this program  (see 56
FR 40948, August 16, 1991).  The Agency is encouraging authorized
NPDES  States  to incorporate  similar  requirements  in  individual
and/or general permits issued to  facilities in  their  respective
States.  The Agency recognizes this permit program is in its early
stages and  therefore  may be,  in the short term, limited  in its
application at these facilities.


Summary and Conclusions:

     Based  on  a careful  consideration of the  factors discussed
above, EPA  has concluded  that dioxin contained  in  pulp and paper
mill sludges does not pose an unreasonable probability of adverse
effects  on human  health and the environment  when disposed  in
landfills   and  surface  impoundments.     Consequently,  EPA  has
determined  that  further  regulation  of  these  facilities  under
Subtitle D of RCRA to further reduce potential dioxin-related risks
is not warranted.

     This action completes  the Agency's obligation  under section
17(B)(iii)  of  Consent Decree No. 85-0973.


                              Sincerely yours
  DATE DUE  	
                              Don R.
                              Assistant Administrator
Enclosures
                                10

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