EPA's Approval of Toxic Heavy Metal Fertilizers Is Challenged By Law

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Gettingwell , Frank <califpacific> wrote:

 

http://www.organicconsumers.org/Toxic/fertilizer_lawsuit.cfm

 

EPA's Approval of Toxic Heavy Metal Fertilizers Is Challenged by

Lawsuit

WASHINGTON, DC, October 23, 2002 (ENS) - Farm,

consumer and environmental health groups have filed a lawsuit to

overturn a U.S. Environmental Protection Agency (EPA) rule

allowing hazardous wastes to be used in fertilizers.

 

Under the rule, toxic heavy metals, including lead, arsenic, mercury,

and cadmium may be recycled into zinc based fertilizers. The

hazardous waste derived fertilizers would not be labeled as such, and

may be applied to farm lands and home gardens without further

restrictions.

 

While industries have long been disposing of their hazardous wastes

through fertilizers, the practice was not officially authorized until

this

rule.

 

Many of the heavy metals that will be recycled into fertilizers are

toxic substances. Lead has been known to cause behavioral

problems, learning disabilities, seizures and even death. Mercury may

cause neurological abnormalities, including cerebral palsy in children

and severe deformations in animals. Arsenic and cadmium may

damage internal organs, skin, and nerve function.

 

The rule would allow these heavy metals to be applied to farms and

gardens in concentrations that exceed the limits set for disposal of

the

hazardous wastes in lined and monitored landfills.

 

" The government's own studies show that, over the past few years,

heavy metal levels in children's diets have risen, " said Patty

Martin, a

former mayor of Quincy, Washington, and the founder of Safe Food

and Fertilizer. " Rather than take steps to reduce the toxic burden on

children, however, the EPA is illegally authorizing a practice that

will

put our children at even greater risk from exposure to lead, arsenic,

and other toxic heavy metals. "

 

The groups are concerned that the heavy metals in the fertilizers

could migrate through the soil, run off into streams, and leach into

waterways, affecting neighboring lands.

 

" In Oregon alone, over 1.6 billion pounds of fertilizers are used each

year, " said David Monk of the Oregon Toxics Alliance. " On a

national level, the cumulative effects of these fertilizers could be

staggering. "

 

Safe Food and Fertilizer, Family Farm Defenders, the Oregon Toxics

Alliance, and the California Public Interest Research Group

(CALPIRG) claim that the " land ban " provisions of the Resource

Conservation and Recovery Act (RCRA) prohibit the EPA from

allowing hazardous wastes to be put in fertilizers that end up on farm

fields and home gardens.

 

While treated wastes may be placed in land disposal facilities, the

facilities must be designed to prevent migration of the hazardous

wastes and have, at a minimum, double liners and leachate collection

systems. The EPA's rule defies this scheme, by allowing hazardous

wastes - including untreated wastes - to be disposed of on farmlands

and home gardens.

 

In 1994, the EPA banned a similar type of practice, in which

hazardous wastes were being used in road de-icing chemicals. The

EPA justified that ban by noting that hazardous wastes could not

legally be applied to the land in an uncontrolled manner.

 

" The EPA has already recognized that it has no authority to allow this

type of uncontrolled land disposal of hazardous wastes, " said Melissa

Powers, an attorney with the Western Environmental Law Center,

the law firm representing the plaintiffs in this case. " This rule

will not

withstand judicial review. "

 

 

 

 

 

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