Fateful Harvest

September 2002, Duff Wilson

Fateful HarvestFateful Harvest

Recycling toxic wasteRecycling toxic waste

into common fertilizersinto common fertilizers


The fertilizer loopholeThe fertilizer loophole

Plant nutrientsPlant nutrients

NN nitrogen nitrogen

PP phosphorus phosphorus

KK potassium potassium

ZnZn zinc zinc

BB boron boron

Fe Fe iron iron

Toxic waste can be Toxic waste can be called “fertilizer” if called “fertilizer” if it includes 1% or it includes 1% or more of a plant more of a plant nutrient, or “liming nutrient, or “liming material” if it is material” if it is alkaline. alkaline. Regulators only Regulators only check for the check for the labeled chemicals.labeled chemicals.


Some industrial wastes with Some industrial wastes with arsenic, cadmium, lead, arsenic, cadmium, lead, mercury, dioxins, etc., are mercury, dioxins, etc., are “recycled” through ordinary “recycled” through ordinary fertilizer without testing, fertilizer without testing, standards or disclosure.standards or disclosure.

Testing Standards Disclosure

Pesticides YES YES YES

Sewage sludge YES YES YES

Fertilizers NO NO NO

Federal control of toxic chemicals


Wastes in fertilizerWastes in fertilizer

• MaterialsMaterials::– AshesAshes

– AcidsAcids

– SlagSlag

– TailingsTailings

• Industries:Industries:– SteelSteel

– CopperCopper

– BrassBrass

– GalvanizingGalvanizing

– ElectronicsElectronics

– ChemicalsChemicals

– MiningMining

– Cement kilnCement kiln

– GypsumGypsum

– NuclearNuclear

– Coal combustionCoal combustion


Legal underpinningsLegal underpinnings

• 1976 RCRA1976 RCRA– 20X landfill costs. “Reduce, reuse, 20X landfill costs. “Reduce, reuse,

recycle”recycle”

– Land Disposal Restrictions Land Disposal Restrictions

• 1980 Bevill Amendment1980 Bevill Amendment– exempts mining waste, coal ash, CKD as exempts mining waste, coal ash, CKD as

“essentially earthen” high volume waste“essentially earthen” high volume waste

• 1988 K061 exemption1988 K061 exemption– electric arc furnace dustelectric arc furnace dust


Policy underpinningsPolicy underpinnings

• For governmentFor government– Dual role: regulation and promotionDual role: regulation and promotion

– Dilution is the solution to pollutionDilution is the solution to pollution

• For industryFor industry– Save money on waste disposalSave money on waste disposal

– Save money on raw material for fertilizerSave money on raw material for fertilizer

– It’s legal. Topsoil has become the legal It’s legal. Topsoil has become the legal repository for wastes no longer allowed as repository for wastes no longer allowed as emissions to air or wateremissions to air or water


QuantityQuantity

• Unknown share of 110 billion pounds Unknown share of 110 billion pounds of fertilizer in U.S. annually - of fertilizer in U.S. annually - EPAEPA

• More than 270 million pounds of More than 270 million pounds of toxic waste sent to 450 farms and toxic waste sent to 450 farms and fertilizer/chemical companies 1990-fertilizer/chemical companies 1990-1995 - 1995 - Environmental Working Group Environmental Working Group study based on TRI and SIC (1998)study based on TRI and SIC (1998)


Types of fertilizer most Types of fertilizer most likely to contain toxic likely to contain toxic metalsmetals

• MicronutrientsMicronutrients

• Lime substitutesLime substitutes

• Western phosphatesWestern phosphates

• Including organic fertilizersIncluding organic fertilizers– Hg in fishHg in fish

– Cd, Pb in rock phosphateCd, Pb in rock phosphate


Types of fertilizer most Types of fertilizer most likely to contain toxic likely to contain toxic metalsmetals

• Rock phosphate>sewage Rock phosphate>sewage sludge>commercial phosphate sludge>commercial phosphate fertilizers>organic amendments and fertilizers>organic amendments and liming materials>commercial non-liming materials>commercial non-phosphate fertilizersphosphate fertilizers

Source: Raven and Loeppert, 1997Source: Raven and Loeppert, 1997


Arsenic (As) Arsenic (As) ppmppm

• Background levelBackground level– ~6 U.S. agricultural soils~6 U.S. agricultural soils

– 7 Washington state7 Washington state

• ProductsProducts– 4,400 Ironite4,400 Ironite

– 989 Boronat989 Boronat

– 86 Nulife86 Nulife

– 48 Nutrilime48 Nutrilime

– 18 Diammonium phosphates18 Diammonium phosphates


Cadmium (Cd) Cadmium (Cd) ppmppm

• Background levelBackground level– 0.2 U.S. agricultural soils0.2 U.S. agricultural soils


• ProductsProducts– 4,506 Whatcom Farmers Co-op4,506 Whatcom Farmers Co-op

– 739 wood ash739 wood ash

– 500 Stoller500 Stoller

– 275 Blu-Min Zinc275 Blu-Min Zinc

– 153 DAP153 DAP

– 101 Ortho Superphosphate101 Ortho Superphosphate

– 97 Walt’s Organic97 Walt’s Organic


Lead (Pb) Lead (Pb) ppmppm

• Background levelBackground level– 11 U.S. agricultural soils11 U.S. agricultural soils


• ProductsProducts– 29,400 Frit Industries 29,400 Frit Industries

– 20,000 Bay Zinc20,000 Bay Zinc

– 2,770 Ironite2,770 Ironite

– 2,491 NuLife2,491 NuLife

– 350 Nutrilime350 Nutrilime

– 153 Terrene-Greens Natural 153 Terrene-Greens Natural OrganicOrganic

– 140 Vigoro140 Vigoro


Nickel (Ni) Nickel (Ni) ppmppm

• Background levelBackground level– ~40 U.S. agricultural soils~40 U.S. agricultural soils


• ProductsProducts– 303 Ortho superphosphate303 Ortho superphosphate

– 193 Western Farm193 Western Farm

– 150 Scotts Next Generation150 Scotts Next Generation


Mercury (Hg) Mercury (Hg) ppmppm

• Background levelBackground level– ~0.03 U.S. agricultural soils~0.03 U.S. agricultural soils

– 0.07 Washington state0.07 Washington state

• ProductsProducts– 12 Ironite12 Ironite

– 3 granular zinc3 granular zinc

– 1.8 Terrene-Greens1.8 Terrene-Greens

– 0.6 NuLife0.6 NuLife

Source: Wash. Dept. of AgricultureSource: Wash. Dept. of Agriculture


Plant uptakePlant uptake

• Highly dependent on soil type, pH, plant Highly dependent on soil type, pH, plant species. Most uptake: acidic, sandy species. Most uptake: acidic, sandy soils.soils.

• Liming temporarily reduces root uptake.Liming temporarily reduces root uptake.

• Extremely variable, by a factor as much Extremely variable, by a factor as much as 1,000.as 1,000.

• Heavy metals stay in topsoil unless Heavy metals stay in topsoil unless removed by plants or wind.removed by plants or wind.


Plant uptakePlant uptakeCrops Uptake Health

ArsenicRoot crops (carrots, onions, potatoes) Roots Cancer

Cadmium

Leafy vegetables (lettuce, chard, corn, wheat, rice)

Roots, very efficiently

Kidney, liver, bone and blood damage

Lead Fruits, grains Surface (air)

Central nervous system, brain, reproductive system


Soil scientist perspectiveSoil scientist perspective “ “The transfer of Cd, Pb, As, or other heavy The transfer of Cd, Pb, As, or other heavy

metals from soils to crops presents a risk metals from soils to crops presents a risk to crop productivity and quality. to crop productivity and quality. Consumption of metal-contaminated Consumption of metal-contaminated edible parts of the crops is a risk to public edible parts of the crops is a risk to public health. Currently, the database available health. Currently, the database available to describe the relationship between soil to describe the relationship between soil metal concentration and metal metal concentration and metal accumulation by plants is meager.”accumulation by plants is meager.”

Kuo, et al, Washington State University, 2002Kuo, et al, Washington State University, 2002


Trends in foodTrends in food

• FDA Market Basket SurveyFDA Market Basket Survey– a rough guide, aggregateda rough guide, aggregated

– Lead, downLead, down

– Cadmium, holding evenCadmium, holding even

– Arsenic, holding evenArsenic, holding even

• World Health Organization: Current World Health Organization: Current levels are already a threat to peoplelevels are already a threat to people


The public health concernThe public health concern

• WHO (1995): “Food chain transfer is WHO (1995): “Food chain transfer is the primary route of human exposure the primary route of human exposure to environmental pollutants.”to environmental pollutants.”

• There is no conclusive evidence that There is no conclusive evidence that toxic wastes or high-cadmium toxic wastes or high-cadmium phosphate in a particular product went phosphate in a particular product went through food to kill a particular through food to kill a particular person. But the practice increases the person. But the practice increases the risk: The more you get, the more risk: The more you get, the more probable, the more severe, the effects probable, the more severe, the effects will be.will be.


Most exposed populationsMost exposed populations

• Fertilizer workersFertilizer workers– Measurable, unsafe levels of lead in the blood Measurable, unsafe levels of lead in the blood

of some fertilizer workers.of some fertilizer workers.

– Some claim they’ve been poisoned by Some claim they’ve been poisoned by cadmium and dioxins. This is unproven.cadmium and dioxins. This is unproven.

• ChildrenChildren– Small body weight Small body weight

– Developmental biologyDevelopmental biology

– Close to the groundClose to the ground

– Latent and cumulative effectsLatent and cumulative effects


Industry responseIndustry response• Some companies require more tests Some companies require more tests

and cleaner products: IMC, Simplot, and cleaner products: IMC, Simplot, MonsantoMonsanto

• TFI claims this only applies to K061, TFI claims this only applies to K061, <1% of the total<1% of the total– Actually 2/3 of fertilizers are adding toxic Actually 2/3 of fertilizers are adding toxic

chemicals to the topsoilchemicals to the topsoil

– TFI quietly lobbied Congress on Pb ruleTFI quietly lobbied Congress on Pb rule

– Haz waste recyclers on TFI BoardHaz waste recyclers on TFI Board– John Mortvedt (1985): Not a major concern as John Mortvedt (1985): Not a major concern as

long as pH kept up.long as pH kept up.

– Paid for risk assessmentPaid for risk assessment

– Minimize and denyMinimize and deny


Semantic contortionistsSemantic contortionists

• What is “hazardous”?What is “hazardous”?

• What is “waste”?What is “waste”?

• What is “fertilizer”?What is “fertilizer”?


Other nationsOther nations

• Canada (1993) – limited arsenic, cadmium, Canada (1993) – limited arsenic, cadmium, lead, chromium, copper, mercury, lead, chromium, copper, mercury, molybdenum, nickel and selenium in molybdenum, nickel and selenium in fertilizerfertilizer– Allows doubling background level every 45 yearsAllows doubling background level every 45 years

– Tests every 6 monthsTests every 6 months

– Can ban products if not proven safeCan ban products if not proven safe

• Europe, Australia – limit cadmiumEurope, Australia – limit cadmium


Risk assessmentsRisk assessments

• State of CaliforniaState of California

• The Fertilizer InstituteThe Fertilizer Institute

• EPAEPA

Most fertilizers probably have safe levels of Most fertilizers probably have safe levels of toxic chemicals. Some would cause toxic chemicals. Some would cause >1/100,000 excess cancers in a lifetime. >1/100,000 excess cancers in a lifetime. More study needs to be done.More study needs to be done.


Comments on risk Comments on risk assessmentsassessments• They don’t count cumulative effects.They don’t count cumulative effects.

• They don’t count many products, i.e. lime.They don’t count many products, i.e. lime.

• Shiou Kuo, Wash. St. Univ. (2002): Three-year Shiou Kuo, Wash. St. Univ. (2002): Three-year study found cadmium in lettuce from rock study found cadmium in lettuce from rock phosphate and zinc fertilizer at a rate four phosphate and zinc fertilizer at a rate four times higher than the rate used in EPA risk times higher than the rate used in EPA risk assessment.assessment.

• Rufus Chaney, USDA (1999): High-cadmium Rufus Chaney, USDA (1999): High-cadmium phosphate fertilizer with <100:1 Zn:Cd ratio phosphate fertilizer with <100:1 Zn:Cd ratio is a “ticking time bomb.”is a “ticking time bomb.”

• EPA: TFI/states proposal is not protective.EPA: TFI/states proposal is not protective.


Federal responseFederal response• EPAEPA

– doesn’t want to regulate fertilizersdoesn’t want to regulate fertilizers

– eliminated K061 exemptioneliminated K061 exemption

– recommends states adopt “good recommends states adopt “good manufacturing practices,” not TFI “risk-manufacturing practices,” not TFI “risk-based standards” (David Fagan, OSW)based standards” (David Fagan, OSW)

• USDAUSDA– doesn’t want to regulate fertilizersdoesn’t want to regulate fertilizers


States’ responseStates’ response

– Texas (1998) biosolids dose of 9 chemicalsTexas (1998) biosolids dose of 9 chemicals

– Washington (1998): Canadian standards on Washington (1998): Canadian standards on 9 toxic chemicals – 45-year doubling dose9 toxic chemicals – 45-year doubling dose• 63 product stop sales, 46 denied, 25 changed 63 product stop sales, 46 denied, 25 changed

recommended application ratesrecommended application rates

• 96% passed96% passed

• WebsiteWebsite

– California (2002): ppm limits on 3 California (2002): ppm limits on 3 chemicals. Arsenic, 4-3-2. Cadmium, 6-5-4. chemicals. Arsenic, 4-3-2. Cadmium, 6-5-4. Lead, 20Lead, 20


Currently pendingCurrently pending

• California squeeze (As 4California squeeze (As 42, Cd 62, Cd 64)4)

• AAPFCO proposals for other statesAAPFCO proposals for other states


Labeling -- the right to Labeling -- the right to knowknow• Industry objects to labeling the toxic Industry objects to labeling the toxic

non-nutrient chemicals on the invoice or non-nutrient chemicals on the invoice or bagbag– ““Consumers wouldn’t understand”Consumers wouldn’t understand”

– ““Consumers would be scared”Consumers would be scared”

– ““There’s not enough room on the label”There’s not enough room on the label”

• Consumers can see levels of 9 toxic Consumers can see levels of 9 toxic chemicals on a State of Wash. website:chemicals on a State of Wash. website: www.wa.gov/agr/PestFert/Fertilizers/ProductDatabase.htwww.wa.gov/agr/PestFert/Fertilizers/ProductDatabase.htmm


Labeling -- the right to Labeling -- the right to knowknow

• My idea: My idea: The Brown SealThe Brown Seal– ““Cleaner than dirt”Cleaner than dirt”

– Means the product has less than Means the product has less than the average background level of the average background level of 9 priority toxic chemicals9 priority toxic chemicals

– 1/3 of current products would 1/3 of current products would get the Brown Sealget the Brown Seal


SummarySummary

• Toxic chemicals in fertilizer are Toxic chemicals in fertilizer are unlimited in 47 states.unlimited in 47 states.

• Spreading them on the soil adds to Spreading them on the soil adds to the toxic burden.the toxic burden.

• People have the right to know what People have the right to know what they are spreading on the soil.they are spreading on the soil.


For more informationFor more information

• www.www.fatefulharvestfatefulharvest.com.com

• www.ewg.orgwww.ewg.org

• www.watoxics.org/tf.htmwww.watoxics.org/tf.htm

• www.epa.gov/opptintr/fertilizer.www.epa.gov/opptintr/fertilizer.pdfpdf

Duff Wilson, Duff Wilson, [email protected]@seattletimes.com

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Fateful Harvest