WEF Submits Comments regarding ATSDR PBDE Toxicological Profile Update

WEF submitted comments on 14-JAN-2016 on the Agency for Toxic Substances and Disease Registry (ATSDR), Department of Health and Human Services (HHS) draft toxicological profile for Poly Brominated Diphenyl Ethers (PBDEs) (ID: ATSDR-2015-0002-0003). This draft toxicological profile is an update to an existing document. A concern within the industry for the way in which biosolids and land application were characterized within the document were stated in comments provided by WEF, NACWA, and CASA, as well as WRRFs (Orange County Sanitation District, DC Water, Hampton Roads Sanitation District, Metropolitan Water Reclamation District of Greater Chicago, and others).  It should be noted that the ATSDR document is a toxicological profile and not a Risk Assessment of PDBEs in land applied biosolids; therefore, comments were focused on the terminology related to land application of biosolids and some statements that could be misinterpreted.   WEF comments included a request that the PBDE profile be revised with regard to the “presence and effect of PBDE’s in biosolids.”  The comments noted that references to biosolids within the profile are depicted as a disposal practice, implying that land application sites and MSW landfills are actually hazardous waste sites. WEF regards this as an inaccurate and misleading assertion, and went on to state that “biosolids are rich in nutrients and organic matter and have been beneficially used/recycled by farmers throughout the US, under federal and state laws, and in other countries for decades. The application of biosolids to farmland is not a disposal practice and should not be characterized as such in the document.”  WEF also requested that statements made in the document should reflect sound science, be accurate and include only statements and conclusions supported by data and criteria. WEF requests more specific quantifiable data should be provided to make clear the dosage rate and frequency of activity that might cause a health effect.  Of particular note, comments asserted that it is unclear whether some of the statements made throughout the document are actual quotes from researchers or the opinion of the US Department of Health. Quotes from researchers should be made clear and not restated by the agency as fact.

ATSDR announced the availability of Set 27 Toxicological Profiles for review and comment in October 2015. The PBDE profile is part of the Set 27 update.  Each profile includes an examination, summary, and interpretation of toxicological information and epidemiological evaluations that are available. The PBDE profile data identifies significant human exposure levels and associated health effects.  In the event that there is need for additional information ATSDR and the National Toxicology Program (NTP) are required “to ensure the initiation of a program of research to provide such information.”  Toxicological profiles are a primary resource for health professionals, private sector organizations, and the public.  As such, WEF additionally filed a request for an extension of time for consideration of the draft toxicological profile for toluene diisocyanate (TDI) and methylenediphenyl diisocyanate (MDI) that was also included in Set 27. Further discussion on this issue is planned, WEF noted concern with the statement “Recommended methods of TDI and MDI disposal include incineration, alkaline hydrolysis, and discharge to sewers.” [p. 133], as it finds this to be misleading to users who discharge or cause a discharge of wastewater directly or indirectly to a public sewer.  WEF commented that, “in particular, disposal of any hazardous waste to sewer is controlled by the POTW through its sewer use ordinance. The POTW has the discretion to allow discharge of hazardous waste that satisfies conditions under the Clean Water Act, 40 CFR 261, and is compatible with its local collection and treatment systems, including water reuse and recycling. The recommendation is also silent on the disposal amount.”

See, http://www.regulations.gov/#!documentDetail;D=ATSDR-2015-0002-0003 for additional information regarding PBDEs.

Additionally, see “Availability of Draft Toxicological Profiles for Set 27” at http://www.regulations.gov/#!docketDetail;D=ATSDR-2015-0002