A Review of Practices on Returns to Land of Organic

Materials Containing Potentially Toxic Elements (PTEs) and Organic Contaminants

Report 1 for Defra Project SP0569

16th December 2009 Submitted to: Judith Stuart Soils Policy Defra Room 3C, Nobel House 17 Smith Square London SW1P 3JR

Prepared by Fiona Nicholson, Alison Rollett and Brian Chambers ADAS Gleadthorpe, Meden Vale, Mansfield Notts NG20 9PF

EXECUTIVE SUMMARY This report reviews how the recycling to agricultural land of organic materials (including biosolids, compost, livestock manures, industrial ‘wastes’ etc.) containing heavy metals and persistent organic pollutants (POPs) is regulated in other countries (European and non-European). Biosolids (treated sewage sludge). Much research on biosolids recycling to land has been conducted in the EU and USA, and many other countries have built their understanding and policies from this knowledge and experience, whilst integrating local needs and conditions. In general, the USA has adopted the concept of risk assessment in its environmental regulations, whilst in contrast the EU has tended to adopt a precautionary or no-net-degradation approach. In all EU Member States, the application of heavy metals in sewage sludge is subject to the legislative restrictions specified in the Sludge Directive. The way the Directive has been implemented varies, with some countries (e.g. Denmark) tending to set maximum permitted limits for heavy metal concentrations in soil and sludge well below those specified in the Directive, with other countries (e.g. Greece) setting limits close to or at the maximum levels allowed. The UK is the only country not to specify heavy metal limit concentrations in sewage sludge. Reductions in maximum permitted sludge and soil heavy metal concentrations proposed in the Working Document on Sludge (April 2000) are still under review. Some European countries have banned the use of biosolids altogether; the Netherlands has not permitted biosolids applications to agricultural soil for the last 20 years and Switzerland has more recently banned applications to agricultural land (except where incineration is not a practical alternative). Unlike the EU, regulations in the USA, Australia and New Zealand specify different classes of biosolids (depending on heavy metal content), which are subject to different degrees of management and operational control. The USA Part 503 rule does not directly specify maximum permitted heavy metal concentrations in the receiving soil, although the cumulative loading rate limit controls the additional amount of heavy metals that can be applied. Maximum soil heavy metal concentrations and loading rates are specified in Australian and New Zealand regulations and tend to be within the range of those in the EU Sludge Directive. Compost. The application of composted materials to agricultural land is not regulated at EU level, but most Member States have either statutory legislation or voluntary guidelines (e.g. UK and Sweden) in place. There is currently, a high degree of variation in the statutory legislation and voluntary guidelines between different countries. In some cases, the limit values (i.e. in the compost and soil) are taken from those for sewage sludge because of a lack of specific information on compost, whereas in other countries there has been an attempt to develop a (precautionary) standard specific to compost. In general, maximum permitted heavy metal concentrations in compost are lower than those permitted in sewage sludge. Livestock manures. The only country which directly addresses heavy metal additions with livestock manures is Norway, which passed a new regulation in

2003 covering all organic materials spread on land, i.e. livestock manures, food processing ‘wastes’, composts and sludge. Notably, only Germany has stated that it aims in future to harmonise regulations for use of manufactured fertilisers, sludge and livestock manures. However, in most EU states heavy metal inputs to soils are indirectly controlled by other measures such as the Nitrates Directive (which limits the maximum amount of manure, and hence heavy metals, that can be spread based on the nitrogen applied) and the Feedingstuffs Directive (which limits the amount of heavy metals that can given to livestock in feeds). Other organic materials. Other organic material inputs to land, such as industrial ‘wastes’ and digestate are usually controlled under Member State waste or fertiliser legislation. Organic compound contaminants (OCCs). The consensus in the scientific community is that specific OCC standards for biosolids and other organic material additions to agricultural land are not a priority for regulation. However, proposals to revise the Sludge Directive to include maximum biosolids OCC concentrations are currently under review and many Member States have introduced statutory or guideline limits for at least some OCCs (usually PCBs or PCDD/Fs). Notably, most of the legislation designed to limit heavy metal or nutrient inputs to soils in biosolids and other organic materials will also indirectly limit OCC inputs.

INDEX

1. OBJECTIVE................................................................................................. 1

2. ORGANIC MATERIAL ADDITIONS TO SOIL ............................................. 1

2.1. Benefits of organic material additions .................................................. 1

2.2. Heavy metals in organic materials ........................................................ 1

2.3. Other organic compound contaminants in organic materials ............ 3

3. CONTROLLING CONTAMINANT INPUTS TO AGRICULTURAL SOILS .. 5

3.1. Sewage sludge (biosolids) ..................................................................... 5 3.1.1. EU legislation/controls ........................................................................ 5 3.1.2. UK implementation ............................................................................ 7 3.1.3. Implementation in the EU .................................................................. 8 3.1.4. Legislation in the USA and other countries ...................................... 12 3.1.5. Control of organic compound contaminants .................................... 17

3.2. Compost ................................................................................................ 19 3.2.1. UK control/legislation ........................................................................ 19 3.2.2. EU controls/legislation ..................................................................... 20 3.2.3. Legislation in the USA and other countries....................................... 22 3.2.4 Controlling organic compound contaminants ..................................... 22

3.3. Livestock manure ................................................................................. 22 3.3.1. Heavy metals in livestock feed ......................................................... 23 3.3.2. Controls on nutrient loadings from livestock manures ..................... 24 3.3.3. Other controls on metals in manures ............................................... 25

3.4. Other organic material additions ......................................................... 26 3.4.1. Controlling the application of industrial ‘wastes’ on land .................. 26 3.4.2. Controlling digestate applications to agricultural land ....................... 27

4. SUMMARY ................................................................................................ 29

4.1. Heavy metals ......................................................................................... 29

4.2. Organic compound contaminants ....................................................... 30

5. REFERENCES .......................................................................................... 31

APPENDIX .................................................................................................... 36

1. OBJECTIVE • The objective of this report was to conduct a review on how the

recycling to agricultural land of organic materials (including biosolids - sewage sludge, compost, livestock manures and industrial ‘wastes’ etc.) containing heavy metals and persistent organic pollutants (POPs) is regulated in other countries (European and non-European).

2. ORGANIC MATERIAL ADDITIONS TO SOIL

2.1. Benefits of organic material additions Organic material applications to agricultural land provide a valuable source of plant available nutrients (nitrogen, phosphorus, potassium, sulphur and magnesium), thereby reducing the need for manufactured fertiliser inputs. Moreover, the organic matter applied will increase soil microbial activity and size and increase long-term carbon storage. Also, the application of organic materials can improve soil physical properties such as porosity, water infiltration rates, available water capacity water and structural stability (Bhogal et al., 2009).

2.2. Heavy metals in organic materials Organic materials can contain potentially toxic elements (heavy metals), including cadmium (Cd), chromium (Cr), copper (Cu), lead (Pb), mercury (Hg), nickel (Ni) and zinc (Zn) which accumulate in agricultural soils, potentially leading to adverse effects on soil fertility and microbial activity (e.g. Gibbs et al., 2006; Chaudri et al., 2007). Heavy metal concentrations in organic materials depend on the nature and origin of the source materials used to produce them. In biosolids, heavy metals arise largely from domestic, road run-off and industrial inputs to the sewerage system, with domestic inputs accounting for the largest amounts of certain elements (e.g. Cu and Zn) in the UK (Smith, 1996). In the UK and other EU Member States, there has generally been a slow but steady decrease in heavy metal concentrations in biosolids used in agriculture (CEC, 2006). In green composts, heavy metals are derived from green waste feedstocks (e.g. grass cuttings and hedge trimmings, which may have been contaminated with roadside dust, soil etc.), with the heavy metals becoming more concentrated as the overall mass of material decreases during composting. Additionally, in the case of green/food composts, heavy metals are derived from food ‘waste’ inputs. In contrast, heavy metals in livestock manures are largely derived from feed supplements given for health and welfare reasons, as growth promoters (Cu is given to growing pigs) or under veterinary prescription (Zn is administered to prevent post-weaning scours in pigs). Ranges of heavy metal concentrations in selected organic materials are summarised in Table 1. In general, biosolids and mechanical-biological treatment (MBT) organic material outputs have higher concentrations of Ni,

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Cd, Cr, Hg and Pb compared with green compost and livestock manures, reflecting the nature of the source materials. However, some livestock manures can have similar (or even higher) concentrations of Zn or Cu than biosolids, due to dietary supplementation or veterinary use. Similarly in Brazil, researchers found lower concentrations of Cu in livestock manures compared with biosolids, but higher concentrations of Zn in cattle and poultry (but not pig) manures (LeBlanc et al., 2008).

Table 1: Heavy metal concentrations in biosolids, MBT organic materials, green compost and selected livestock manures applied to agricultural soil

Biosolids1 MBT organic

materials2

Green compost3

Pig slurry4

Dairy cattle slurry4

Layer manure4

Concentration (mg/kg dry matter)

Cadmium 1.7 1.3 1.5 0.3 0.2 0.7

Chromium 92 40 21 2 3 5

Copper 330 200 55 279 176 57

Lead 151 730 100 4 5 20

Mercury 1.4 0.6 0.2 - - -

Nickel 38 40 16 4 3 4

Zinc 636 580 186 870 232 287 1Mean concentrations 2001-2007 for England and Wales (M. Davis, Environment Agency, pers.comm.) 2Organic materials from MBT plants in England (Gibbs and Chambers, 2007) 3Mean of c.100 green compost samples certified for PAS100 compliance in 2008. (Composting Association, pers. comm..). 4Livestock manures collected in winter 2007/8 and 2008/9. Defra project SP0569 (Report 3). Mercury concentrations not determined as previous measurements (Nicholson et al., 1999) were very low. Work has previously been undertaken to assess the relative importance of different sources of heavy metals to agricultural soils in England and Wales (Nicholson et al., 2008), and this will be updated in a later phase of this project (SP0569, Report 3). In terms of total annual inputs to the whole agricultural land area, the largest source of most heavy metals was shown to be atmospheric deposition (Table 2). However, for Zn and Cu, around 30% of total inputs were derived from livestock manures compared with 6-16% from biosolids. Data on the input of heavy metals to agricultural soils in Switzerland, Germany and the Netherlands has also shown that livestock manures were responsible for a high proportion of Zn and Cu inputs (Eckel et al., 2005; Romkens et al., 2008). Composts and industrial ‘wastes’ (i.e. waste from industrial activity that is applied to agricultural land under an exemption from the Environmental Permitting Regulations – see Section 3.4.1) are currently responsible for only a small proportion of total annual heavy metal inputs to agricultural soils in England and Wales (Table 2). However, when these data are expressed as heavy metal addition rates at the field level (g/ha/yr), these organic materials are seen as more important sources of some heavy metals (Figure 1), and are

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Table 2: Proportion of total annual heavy metal inputs to the whole agricultural land area in England and Wales from different sources

%Total

Source Zn Cu Ni Pb Cd Cr As Hg

Atmospheric deposition 42 39 48 3 55 22 44 84

Livestock manures 28 33 13 <1 10 8 18 2

Biosolids 6 16 8 1 4 20 4 8

Compost 1 1 1 <1 <1 1 <1 1

Industrial ‘wastes’ 1 2 1 <1 2 1 <1 1

Fertilisers and lime 3 4 8 <1 23 25 8 <1

Corrosion1 1 - - - - - - -

Dredgings 10 5 21 1 5 22 27 3

Lead shot2 - - - 95 - - - -

Footbaths3 6 <1 - - - - - - Source: Nicholson et al. (2008) 1Galvinised steel is coated with Zn to provide protection against corrosion. There is no data on corrosion losses of other metals. 2Shot used in clay pigeon shooting consists largely of Pb. There is no data on other metal concentrations in shot. 3Footbaths containing Zn or Cu are used to maintain hoof health in cattle and sheep. There is no data on other metal concentrations in footbaths.

likely to become more important in the future as the pressure to divert organic materials from landfill results in more recycling to agricultural land.

2.3. Other organic compound contaminants in organic materials Organic materials may also contain persistent organic pollutants (POPs) such as polychlorinated biphenyl’s (PCBs), polycyclic aromatic hydrocarbons (PAHs) and polychlorinated dibenzo dioxins/furans (PCDD/Fs). Compared with the relatively small number of heavy metals which are routinely measured and controlled in biosolids, there is a much greater range of organic compound contaminants (OCCs) with potential health or environmental risks. For example, approximately 140 OCCs have been identified in urban wastewater samples in Sweden and more than 330 in German sludge, with 42 OCCs regularly detected (IC Consultants, 2001). International treaties on POPs introduced between 1980-90 have led to significant reductions in the primary sources of PAHs, PCBs and PCDD/Fs (Smith, 2000), which has in turn reduced concentrations in biosolids. POPs are generally strongly bound to sludge solids and the body of evidence indicates that there are no significant environmental impacts from these compounds when biosolids are applied to agricultural land (Nicholson et al., 2008). POPs are generally not considered to be a concern in livestock manures (Stevens and Jones, 2003; Nicholson et al., 2008). However, a number of chlorinated pesticides have been found in green compost, but generally in lower amounts compared with MBT organic materials (Amlinger et al., 2004; Brändli et al., 2005). Many substances are rapidly degraded during the

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Figure 1. Field level addition rates of a) zinc and b) copper in England and Wales. (Source: Nicholson et al., 2008)

a) Zinc

0500

100015002000250030003500400045005000

Biosolid

s

Laye

r man

ure

Pig slu

rry

Pig FYM

Broiler

litter

Cattle

slurry

Cattle

FYM

Atm. d

epos

ition

Paper

(biol)

Paper

(chem

/phys

)

Fertilis

ers & lim

e

Irriga

tion w

ater

Compo

st

Add

ition

rate

(g/h

a/yr

)

b) Copper

0

500

1000

1500

2000

2500

3000

3500

Biosolid

s

Laye

r man

ure

Pig slu

rry

Pig FYM

Broiler

litter

Cattle

slurry

Cattle

FYM

Atm. d

epos

ition

Paper

(biol)

Paper

(chem

/phys

)

Fertilis

ers & lim

e

Irriga

tion w

ater

Compo

st

Add

ition

rate

(g/h

a/yr

)

Notes : i) biosolids, livestock manures, compost] applied at rates equivalent to 250 kg N/ha ii) paper crumble applied at 33 t/ha (biological treatment) and 69 t/ha (chemical/physical treatment)

iii) Fertiliser and lime applied at rates based on the British Survey of Fertiliser Practice (2004) data

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aerobic composting process (with associated elevated temperatures) and extremely low concentrations are reported in the literature (Amlinger et al., 2004). Davis and Rudd (1997) reported that a large number of OCCs could be present in industrial ‘waste’ materials. However, Gendebien et al. (2001) found that POP concentrations in most industrial ‘wastes’ were within the ranges of biosolids and green compost and should not be considered limiting to land spreading. Similarly, a recent survey on the land spreading practices of paper crumble (Gibbs et al., 2005) concluded that there was no evidence of any significant risks to the environment from OCCs.

3. CONTROLLING CONTAMINANT INPUTS TO AGRICULTURAL SOILS The setting of limits for heavy metal (or other contaminant) inputs to soils needs to balance the benefits and dis-benefits that can result from recycling nutrients and organic matter to soil. Legislation that is based on a no net accumulation scenario (input = estimated output) can result in a decline in soil organic matter status and displace the use of recycled organic material nutrients in favour of manufactured fertilisers. On the other hand, a pure risk based approach could result in heavy metal accumulation (up to a specified level) which may not enable soil to be preserved as a multifunctional resource for future generations (Barth et al., 2008). Specific controls governing the application to agricultural land of different types of organic materials in a number of EU Member States and other countries are discussed in the following sections.

3.1. Sewage sludge (biosolids)

3.1.1. EU legislation/controls In all EU Member States, the use of sewage sludge on agricultural land is regulated by Directive 86/278/EEC (12 June 1986 on the Protection of the Environment, and in Particular of the Soil, when Sewage Sludge is Used in Agriculture) which aims to “regulate the use of sewage sludge in agriculture in such a way as to prevent harmful effects on soil, vegetation, animals and man, thereby encouraging the correct use of such sewage sludge” (CEC, 1986). The Directive was a first step towards harmonisation of sludge utilisation at the EU level (Spinosa, 2001). It sets out minimum requirements, whilst permitting stricter interpretation at the national level. The Directive sets limits values for: (i) concentrations of heavy metals in soil to which sludge is applied; (ii) concentrations of heavy metals in sludge and (iii) maximum annual quantities of heavy metals which may be introduced into soil (Tables 3-5). The values listed in Table 3 are for soil with a pH in the range 6-7 and Member States are permitted to allow these values to be exceeded in soils with a pH consistently higher than pH 7. Conversely, where sludge is used on soils where the pH is below 6, Member States are “required to take into account the increased mobility and availability to the crop of heavy metals and shall, if necessary, reduce the limit values they have laid down”.

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Table 3: Sludge Directive (CEC, 1986) limit values for heavy metal concentrations in agricultural soil (mg/kg of dry matter) and proposed values from the ‘Working

Document on Sludge. Third Draft’ (EC, 2000)

Metal Limit values Proposed values (6<pH<7) (5≤pH≤6) (6≤pH≤7) (pH≥7)) Cadmium 1-3 0.5 1 1.5 Copper 50-140 20 50 100 Nickel 30-75 15 50 70 Lead 50-300 70 70 100 Zinc 150-300 60 150 200 Mercury 1-5 0.1 0.5 1 Chromium1 - 30 60 100 1No limit value set for chromium in the Sludge Directive (CEC, 1996)

Table 4: Sludge Directive (CEC, 1986) limit values for heavy metal concentrations in sludge for use in agriculture (mg/kg of dry matter) and proposed values from the

‘Working Document on Sludge. Third Draft’ (EC, 2000)

Metal Limit values Proposed values Medium term (2015)

Long term (2025)

Cadmium 20-40 10 5 2 Copper 1000-1750 1000 800 600 Nickel 300-400 300 200 100 Lead 750-1200 750 500 200 Zinc 2500-4000 2500 2000 1500 Mercury 16-25 10 5 2 Chromium1 - 1000 800 600 1No limit value set for chromium in the Sludge Directive (CEC, 1996)

Table 5: Sludge Directive (CEC, 1986) limit values for amounts of heavy metal which may be added annually to agricultural land, based on a 10-year average (g/ha/year) and

proposed values from the ‘Working Document on Sludge Third Draft’ (EC, 2000)

Metal Limit values

Proposed values

Medium term (2015)

Long term (2025)

Cadmium 150 30 15 6 Copper 12000 3000 2400 1800 Nickel 3000 900 600 300 Lead 15000 2250 1500 600 Zinc 30000 7500 6000 4500 Mercury 100 30 15 6 Chromium1 - 3000 2400 1800

1No limit value set for chromium in the Sludge Directive (CEC, 1996) The Directive requires Member States to regulate the use of sludge so that the concentration of one or more heavy metals in the soil does not exceed the limit values given in Table 3. Member States are also required to follow one or other of the following procedures:

• Member States shall lay down the maximum quantities of sludge expressed in tonnes of dry matter which may be applied to the soil per unit of area per year while observing the limit values for heavy metal concentration in sludge (Table 4).

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• Member States shall ensure observance of the limit values for the quantities of metals introduced into the soil per unit of area and unit of time (Table 5). The UK presently utilises this option.

Some commentators have pointed out that “in practice the high rates of metal application allowed under the Directive are redundant given the reduced metal content on most sludge going to land and policies which ensure plant nutrition applications are matched to crop needs or other legal controls such as the Nitrates Directive” (Eckel et al., 2005, p.21). Revisions to the Sludge Directive are expected, with a third draft “Working Document on Sludge” produced for consultation in 2000 (EC, 2000). This document states that the use of sludge should be undertaken in such a way as to minimise the risk of negative effects on:

• human, animal and plant health; • the quality of groundwater and/or surface water; • the long-term quality of the soil; and • the biodiversity of the microorganisms living in the soil.

It was produced as a technical (discussion) document and has no regulatory or guidance status. The suggested revisions included phased reductions (in the medium and long term) to the maximum permitted heavy metal (including chromium) limits in soils and sludge (Tables 3-5) and the introduction of limits for OCCs in sludge products (see Table 11). To date, no further progress has been made in revising the Sludge Directive. However, the EC has recently commissioned two projects to: i) collate information on the environmental, economic, and social as well as health impacts of present practices of sludge use on land; ii) to assess future risks and opportunities and to identify possible options for the revision of the Directive including estimates of their costs and benefits. A consultation on the preliminary findings of the projects has recently been issued (David, 2009; Gendebien, 2009).

3.1.2. UK implementation The recycling of sludge to agricultural land in the UK is controlled through the ‘Sludge (Use in Agriculture) Regulations 1989’ (SI, 1989). This regulation aims to protect the environment, in particular the soil, when sewage sludge is used in agriculture. It states that sludge should be used “to prevent harmful effects on soil, vegetation, animals and man”, that account is taken of the nutrient needs of the plants, and that the quality of the soil and of surface- and groundwaters is not impaired. The regulations are supported by a Code of Practice (DoE, 1996) which embodies best practice guidance on sludge recycling to land, including maximum permitted soil heavy metal concentrations and sludge application rates. The key difference between the 1989 Sludge Regulations (SI, 1989) and the Code of Practice for Agricultural Use of Sewage Sludge (DoE, 1996) is that the limits for soil Zn were reduced in the Code of Practice as a ‘precautionary measure’ in accordance with the recommendations of an Independent Scientific Committee Review of the “Soil Fertility Aspects of Potentially Toxic Elements” (MAFF, 1993). The Code of Practice also recommends maximum soil limits for chromium (Cr), molybdenum (Mo),

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selenium (Se), arsenic (As) and fluoride (F) which are not subject to the provisions of the Sludge Directive (CEC, 1986). For Cu, Ni, Cd and Pb, the maximum permitted soil concentrations (Table 6) are at the upper end of the limits set in the 1986 Sludge Directive (Table 3), whereas the maximum soil concentrations for Zn (as stated in the Code of Practice) and Hg are more precautionary than stipulated. Similarly, the UK maximum permitted average annual loading rates for Ni, Cd, Pb and Hg (Table 6) are at the maximum limit set in the Sludge Directive (Table 5), whereas for Zn and Cu more precautionary limits have been adopted. In addition to the legislation, a voluntary agreement, the “Safe Sludge Matrix”, has been in place throughout the UK since 1999 (ADAS, 2001). The Matrix requires strict controls on the microbiological quality of sludge and that no harvest/grazing intervals are adopted following biosolids application to agricultural land. The Matrix provides a robust multiple barrier approach for all stakeholders – farmers, food retailers, food processors and consumers – although it has no direct impact on heavy metal additions to soils.

Table 6: Maximum permitted concentration of heavy metals in UK soil following application of sewage sludge and maximum annual application rates

Metal Maximum permissible concentration in soil

(mg/kg dry soil)

Maximum permissible average annual rate of addition over a 10 year period

(g/ha) Soil pH value

5.0<5.5 5.5<6.0 6.0-7.0 >7.0

Zn 200 (200)1 200 (250) 200 (300) 300 (450) 15000

Cu 80 100 135 200 7500

Ni 50 60 75 110 3000

For pH 5.0 and above

Cd 3 150

Pb 300 15000

Hg 1 100

*Cr 400 15000

*Mo 4 200

*Se 3 150

*As 50 700

*F 500 20000 Source: DoE (1996). 1Zn values in parentheses are limit values under ‘The Sludge Use in Agriculture Regulations, 1989. (SI, 1989). * These parameters are not subject to the provisions of Directive 86/278/EEC

3.1.3. Implementation in the EU A summary of the range of limit values applied in other EU Member States is given in Table 7 (Maximum permitted heavy metal concentrations in soil),

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Table 8 (Maximum permitted average annual heavy metal loading rates) and Table 9 (Maximum permitted heavy metal concentrations in sludge). Further details for each country are summarised in the Appendix (Tables A1-A3). i) Heavy metal concentrations in soil Sweden and Denmark typically have the lowest maximum permitted soil heavy metal concentrations (Cd, Cu, Hg, Ni, Pb and Zn), which are considerably lower than those required to comply with the Sludge Directive (Table 3). In contrast in Greece and Portugal, maximum permitted soil heavy metal concentrations are generally set at the highest level permitted in the 1986 Sludge Directive. Moreover, Austrian values cover nine Länder (regions) which have each set their own limit values, hence Zn appears in both the minimum and maximum limit values columns in Table 3. Most countries have introduced maximum permitted concentrations of Cr in soil, even though this is not a requirement of the 1986 Sludge Directive, with the highest limit (400 mg/kg) set in the UK. In addition, maximum permitted As, Mo and cobalt (Co) levels are stipulated in a limited number of countries or regions (e.g. Austria [Steiermark], Belgium [Flanders] and Hungary).

Table 7: Range of maximum permitted soil heavy metal concentrations in EU countries

Metal Directive 86/278/EEC requirements

(soil pH 6-7)

Minimum Maximum1

mg/kg dry soil

Cadmium 1-3 0.4 (SE) 3 (GR, LU2, PT, UK)

Chromium 46 (BE) 400 (UK)

Copper 50-140 30 (DK) 140 (AT3, GR)

Mercury 1-1.5 0.1 (DK) 1.5 (AT, GR, LU, PT)

Nickel 30-75 15 (DK) 75 (GR, IT, LU, PT)

Lead 50-300 40 (DK, SE) 300 (GR, LU, PT)

Zinc 150-300 100 (AT, DK) 300 (AT, FR, GR, IT, LU, PT, UK) AT (Austria); BE (Belgium); DK (Denmark); FR (France); FI (Finland); GR (Greece); IT (Italy); LU (Luxemburg); PT (Portugal); SE (Sweden), UK (United Kingdom). 1Only limit values for pH 5.5 to pH 7 are considered, higher limits may be set by some Member States for soil with pH >7 2In Luxembourg a range of limit values are permitted 3Austria includes a range of values covering 9 Länder In some circumstances, less stringent values for soil heavy metal concentrations are permitted in some countries, viz:

• On land growing crops intended exclusively for animal consumption. In Portugal, the limits for soils with a pH higher then 7 (Table A1) are applied to lower pH soils where crops are grown for animal consumption.

• Soils with a pH higher than 7. In Portugal, Spain and the UK the limits for soils with a pH higher than 7 are shown in Tables 6 and A1.

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A few countries (e.g. UK, Bulgaria, Austria [Carinthia], Portugal, Spain and Malta) have introduced additional pH bandings to take into account differences in heavy metal bioavailability with soil pH (Table 6). However, in the UK, sludge cannot be applied to soil with pH<5. Notably, regulations set by Latvia and Poland and the proposed new German standard (BMU, 2007) have different categories based on soil texture, which is a soil property known to influence heavy metal uptake. ii) Heavy metal concentrations in sludge Austria has the lowest maximum permitted heavy metal concentrations in applied sludge in at least one Länder (Table 8). Denmark and the Netherlands have also set a number of heavy metal limit values that are well below those specified by the 1986 Sludge Directive, although Denmark (along with Greece and Luxembourg) have limit values for Zn that are set at the maximum level permitted by the Directive. In contrast, limit values in Greece have been set at the maximum values specified in the Directive, with other countries setting sludge limit values at or near the maximum specified by the Directive including Portugal, Spain and Luxembourg (although the latter has a range of permitted limit values). Spain has set pH banded limits (< pH 7, > pH 7) which allow sludge with a higher metal content to be applied to soils in the higher pH band. The two pH bands reflect the lower and upper limits for sludge set out in the 1986 Sludge Directive. The UK is the only country not to specify metal limit concentrations in sludge per se, with metal inputs to soils controlled by maximum permitted average annual loading rate. Arsenic, Mo and Co sludge concentrations are also limited in some countries or regions.

Table 8: Range of maximum permitted heavy metal concentrations in sludge (mg/kg DM) in EU countries

Metal 86/278/EEC

Minimum Maximum

mg/kg DM

Cadmium 20-40 0.7 (AT2) 40 (GR, LU1)

Chromium 50 (AT) 1750 (LU)

Copper 1000-1750 70 (AT) 1750 (GR, LU)

Mercury 16-25 0.4 (AT) 25 (GR, LU)

Nickel 300-400 25 (AT) 400 (GR, LU)

Lead 750-1200 45 (AT) 1200 (GR, LU)

Zinc 2500-4000 200 (AT) 4000 (DK,GR, LU) AT (Austria); DK (Denmark); GR (Greece); LU (Luxemburg) 1range of limit values permitted; highest value reported 2range of values covering 9 Länder; lowest value reported

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ii) Heavy metal loading rates The range of limit values set by Member States for annual average heavy metal loading rates is large; with the highest limit values often as much as 100-fold greater than the lowest limit values (Table 9). The lowest limit values are set by Sweden and the Netherlands, although Finland and Slovenia have also set loading rate limits well below those required by the 1986 Directive. In contrast, Greece, Luxembourg, Portugal and Spain have set loading limits at the maximum levels permitted under the 1986 Directive. Notably, the maximum permitted Hg loading rate (100 g/ha/yr) was exceeded by Austria (250 g/ha/yr), which was subject to infringement procedures (CEC, 2006). Greece, Finland, France, Spain, Sweden, Hungary and the UK have opted for fixing the maximum annual load on a 10 year average basis (7 years in Sweden). In Finland, Zn and Cu concentrations in sludge and the annual load can be doubled if there is a need to supplement these elements to the soil, although the maximum soil concentrations cannot be exceeded. Most countries have introduced maximum permitted loading rates for Cr, even though this is not a requirement of the 1986 Sludge Directive, with the highest limit (15000 g/ha/yr) set in the UK.

Table 9: Range of annual average loading rates of heavy metals to agricultural land (g/ha/yr)

Metal 86/278/EEC

Minimum Maximum

g/ha/yr

Cadmium 150 0.75 (SE) 150 (BE1, FR, GR, LU, PT, ES, HU, UK)

Chromium 40 (SE) 15000 (UK)

Copper 12000 150 (NL) 12000 (BE, GR, LU, PT, ES)

Mercury 100 1.5 (NL, SE) 250 (AT2)

Nickel 3000 25 (SE) 3000 (BE, GR, LU, PT, ES, UK)

Lead 15000 25 (SE) 15000 (BE, GR, LU, PT, ES, UK)

Zinc 30000 600 (NL, SE) 30000 (BE, GR, HU, LU, PT, ES) AT (Austria); BE (Belgium); ES (Spain); FR (France); GR (Greece); HU (Hungary); LU (Luxemburg); NL (Netherlands); PT (Portugal); SE (Sweden), UK (United Kingdom) 1 range of limit values permitted; highest value reported 2 range of values covering 9 Länder; highest value reported Sludge has not been applied to agricultural soil in the Netherlands for the last 20 years, despite the existence of maximum permissible limit values and loading rates. Increasingly stringent standards for sludge application in the late eighties which culminated in a ban (BOOM, 1991; 1998), compelled the Dutch Water Board to look for alternative methods for processing sludge. Hence, it was decided to dewater and compost all the sludge produced. Since 2004, the resulting granular product has been used as a biofuel in power

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stations, both in Germany and the Netherlands. Given the huge investment in treatment technologies, there is no wish to reintroduce the application of sludge to agricultural soils. Furthermore, current nutrient surpluses on livestock farms mean that the farming sector is more likely to demand the continued exclusion of sludge than to welcome its use once more (LeBlanc et al., 2008). Additional information on the national regulatory frameworks for biosolids use in EU Member States can be found in Aubain et al. (2002) and Gendebien (2009). 3.1.4. Legislation in the USA and other countries i) USA legislation The US Environmental Protection Agency (EPA) developed a risk-based regime for sludge application commonly referred to as the Part 503 rule (US EPA, 1992) based on a major research effort in the preceding years. This approach identifies “acceptable environmental change” resulting from the application of biosolids to land. All biosolids applications to land must meet the “ceiling concentrations” i.e. maximum concentration limits for ten metals (Table 10). If the limit value for any one of the metals is exceeded, then biosolids application to land is prohibited. Biosolids applications to the land must also meet either more stringent heavy metal concentration limits, cumulative pollutant loading rate limits or annual loading rate limits (Table 10). Pathogen and site restriction requirements must also be met prior to biosolids application. Biosolids are categorised into four groups, where the number of requirements for the land applier is determined by the quality of the biosolids and whether it is applied in bulk form or sold or given away in bags or containers. The biosolids categories are not explicitly defined in the Part 503 rule, however US EPA guidance (US EPA, 1994) explains them as follows:

• Exceptional quality (EQ). These biosolids meet Class A pathogen reduction (i.e. a virtual absence of pathogens), have a reduced level of degradable compounds that attract vectors and meet the standards for heavy metals in both columns 1 and 2 of Table 10. Once these requirements have been met, EQ biosolids are considered a product that is virtually unregulated, whether used in bulk or sold or given away in bags or other containers.

• Pollutant concentration (PC). These biosolids only meet Class B pathogen reduction (i.e. they contain more pathogens than EQ biosolids) but still meet the standards for heavy metals in both columns 1 and 2 of Table 10. Unlike EQ biosolids, they are subject to site management practices rather than treatment options to reduce vector attraction properties. They may only be applied in bulk and are subject to general requirements and management practices; however, tracking of pollutant loadings to land is not required.

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• Cumulative pollutant loading rate (CPLR). These products can only be applied in bulk form. They exceed one or more of the pollutant concentrations limits for EQ and PC biosolids (column 2 of Table 10), but meet the ceiling concentration limits (column 1 of Table 10). The cumulative levels of pollutants at each site must be tracked and cannot exceed the CPLR (column 3 of Table 10).

• Annual pollutant loading rate (APLR). These products are sold or given away in bags or containers. They exceed one or more of the pollutant concentrations limits for EQ and PC biosolids (column 2 of Table 10), but meet the ceiling concentration limits (column 1 of Table 10). They must meet APLR requirements (column 4 of Table 10) and must be accompanied by application rate information on a label or handout that includes instructions for use.

Table 10: Metal concentration limits for sewage sludge under US biosolids regulation 40 CFR part 503

Metal Ceiling concentration limits for all

biosolids applied to land

Pollutant concentration

limits for EQ and PC biosolids

Cumulative pollutant loading

rate limits for CPLR biosolids

Annual pollutant loading rate limits

for APLR biosolids

(mg/kg dry matter)

(mg/kg dry matter)

(kg/ha) (kg/ha/year)

Arsenic 75 41 41 2 Cadmium 85 39 39 1.9 Chromium 3000 1200 3000 150 Copper 4300 1500 1500 75 Lead 840 300 300 15 Mercury 57 17 17 0.85 Molybdenum 75 n/s n/s n/s Nickel 420 420 420 21 Selenium 100 36 100 5 Zinc 7500 2800 2800 140 Applies to: All land applied

biosolids Bulk and bagged

biosolids Bulk biosolids Bagged biosolids

n/s = not specified

Other requirements of Part 503 include a number of records that must be kept by both the person treating the biosolids and the land applier, such as management practice certificate and description, site restriction certificate and description, and for CPLR biosolids, site location, area, amount of biosolids applied, cumulative amount of pollutant applied and date of application (USEPA, 1994). ii) Australia and New Zealand Various guidelines have been developed to underpin the management of biosolids recycling to land, with the practices and principles set out in the New South Wales Environmental Guidelines, Use and Disposal of Biosolids Products 1997 (NSWEPA, 1997) being widely recognised and adopted with modifications throughout Australia. Maximum soil concentrations are shown in

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Table 11 for contrasting land uses (i.e. food crops, non-food crops and unrestricted). Current guidelines from some other states (South Australia, Western Australia, Victoria and Queensland) are also discussed below.

Table 11: New South Wales Code of Practice for use and disposal of biosolids

Metal Maximum soil concentration (mg/kg dry soil)

Food crops Non food crops Unrestricted Arsenic 20 20 20 Cadmium 3 11 3 Chromium 100 500 100 Copper 100 750 100 Lead 150 150 150 Mercury 1 9 1 Nickel 60 145 60 Selenium 5 14 5 Zinc 250 1400 250 Source: Tiller et al. (1999)

In the state of South Australia, biosolids guidelines use a combination of grading standards for stabilisation and contaminants to define various reuse classifications (SAEPA, 1997). A stabilisation grade is assigned according to the treatment that the batch of biosolids has undergone to reduce pathogens and control odours. A contaminant grade (A, B or C) is assigned according to the concentration of a range of potentially harmful metals present in the biosolids (Table 12). Contaminant Grade A biosolids can be used on non-irrigated agricultural land, although use on irrigated agricultural land requires EPA approval. Contaminant Grade B and C biosolids require EPA approval before use on any type of agricultural land. The guidelines do not allow use of any grade of biosolids on land that is or is likely to be used in the future for vegetable production. The reasons for this are that a) all vegetable crops are irrigated and the chloride in the irrigation water increases heavy metal bioavailability (particularly Cd) and b) many vegetables, in particular root crops, accumulate heavy metals in the edible parts more readily than crops such as cereals. Furthermore, biosolids must not be applied to soils where the pH is less than 5.5, as the mobility of some metals increases at low pH.

Table 12: South Australia guidelines for the use of biosolids

Metal Maximum soil concentration

Maximum annual loading

Maximum biosolids concentration (mg/kg dry solids)

(mg/kg) (g/ha/yr) Contaminant Grade A

Contaminant Grade B

Contaminant Grade C

Arsenic 20 700 20 20 >20 Cadmium 3 150 3 11 >11 Copper 200 12000 200 750 >750 Lead 200 15000 200 300 >300 Mercury 1 100 1 9 >9 Nickel 60 3000 60 145 >145 Zinc 250 30000 250 1400 >1400 Source: SAEPA (1997)

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In addition, the quantity of biosolids that can be applied annually to a site for commercially grown food chain crops (human or animal), is restricted by assimilative capacity of the soil (i.e. the difference between the maximum permitted soil metal concentration and the existing soil metal concentration), the maximum annual metal loading rate (column 2 in Table 12) and the nutrient (N and P) load. As N and P concentrations in the biosolids are relatively low, application rates are usually restricted by the metal (usually Cu or Cd) concentration of the biosolids, rather than the N and P loading rates. In practice, metal concentrations limit applications to about 5–10 t/ha depending upon the source of the biosolids (SAEPA, 1997). Note: the current edition of the guidelines is being revised and is expected to include major changes. In the state of Western Australia, biosolids applications are controlled by the Department of Environment and Conservation (DEC). The Western Australian Guidelines for Direct Land Application of Biosolids and Biosolids Products are not mandatory and are currently under review. Maximum permissible biosolids heavy metal concentrations in the states of Western Australia and Victoria depend on the contaminant grade assigned (C1 or C2) and are given in Tables 13.

Table 13: Western Australia and Victoria guidelines for the use of biosolids

Metal Maximum biosolids concentration (mg/kg dry solids)

Western Australia Victoria Contaminant

Grade C1 Contaminant

Grade C2 Contaminant

Grade C1 Contaminant

Grade C2 Arsenic 20 60 20 60 Cadmium 3 20 1 10 Chromium 100 500 400 3000 Copper 100 2500 100 2000 Lead 150 420 300 500 Mercury 1 15 1 5 Nickel 60 270 60 270 Selenium - - 3 50 Zinc 200 2500 200 2500 Source: LeBlanc et al. (2008)

In the state of Queensland, there is a maximum annual Cd loading rate from biosolids applications of 30g/ha/yr averaged over five years (150g/ha over 5 years); in addition the maximum soil Cd concentration must not exceed 1.0 mg/kg. As in South Australia, biosolids must not be applied where the soil has a pH below 5.5 (QEPA, 2006). In summary, in Australia there are a number of different independent biosolids regulations and guidelines which operate at the state level, and which include different biosolids quality standards, metal loading rates and maximum soil concentrations. Understandably, these state differences can “cause confusion and uncertainty in the general community” (LeBlanc et al.,2008).

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In New Zealand, biosolids applications are made in accordance with “Guidelines for the Safe Application of Biosolids to Land in New Zealand” (NZWWA, 2003). The aims of these Guidelines are to:

• Safeguard the life-supporting capacity of soils; • Promote the responsible use of biosolids; • Protect public health and the environment; • Identify the risks associated with biosolids use and promote best

practice for minimising such risks; • Encourage local authorities to adopt a consistent approach to

regulating the application of biosolids to land; • Create awareness within the community of the benefits and risks of

biosolids use; and • Minimise the risk to the economy.

As in Australia, biosolids are graded according to their heavy metal content and there are maximum soil concentrations (Table 14).

Table 14: New Zealand guidelines for the safe application of biosolids

Metal Maximum soil concentration (mg/kg)

Biosolids limits (mg/kg dry solids)

Grade a1 Grade b Arsenic 20 20 30 Cadmium 1 3 10 Chromium 600 600 1500 Copper 100 300 1250 Lead 300 300 300 Mercury 1 2 7.5 Nickel 60 60 135 Zinc 300 600 1500 1Until 31/12/12 Source: NZWWA (2003) iii) Other countries Outside the EU, Norway passed a new regulation in 2003 (the Regulation on Fertilizer Materials of Organic Origin) covering all organic materials that are spread on land, i.e. livestock manures, food processing ‘wastes’, organic household ‘wastes’, garden ‘wastes’ and biosolids. Notably there were some special requirements on biosolids use. As in the USA, Australia and New Zealand different quality biosolids can be used for different purposes (and at different rates), with maximum permissible soil heavy metal concentrations consistent with the lower limits from the EU Sludge Directive (Table 15).

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Table 15. Norwegian restrictions on heavy metals in biosolids and agricultural soil

Quality 0 I II III Land use All purposes (arable, gardens and

green areas) Only green

areas

Max application

Unlimited1 40 t dry solids/ha/

10 yrs

20 t dry solids/ha/

10 yrs

5cm/yr Soil limit concentration

(mg/kg dry solids) (mg/kg dry soil) Cadmium 0.4 0.8 2 5 1 Chromium 40 60 80 200 100 Copper 0.2 0.6 3 5 50 Lead 20 30 50 80 50 Mercury 150 400 800 1500 1 Nickel 50 150 650 1000 30 Zinc 50 60 100 150 150 1Based on fertiliser requirement of the crop Source: LeBlanc et al. (2008) In contrast, Switzerland has banned the land application of biosolids despite the acknowledgement that there is no conclusive scientific evidence that the practice is harmful (FOEN, 2003). Sludge is mainly incinerated but may still be land applied in some small areas of the country where incineration is not practical (e.g. very small sewage treatment plants in remote rural areas), under an exception from the ban. Data on maximum permitted heavy metal concentrations in biosolids from other countries (Table A4; Leblanc et al., 2008) show wide variation, even between regions of the same country (e.g. Canada).

3.1.5. Control of organic compound contaminants Although not currently regulated under the EU Sludge Directive, quality standards for various organic compound contaminants (OCCs) were proposed in the Working Document on Sludge (EC, 2000) and have been established in a number of European and other countries (Table 16). Following a detailed risk assessment, the US EPA concluded that the regulation of OCCs was unnecessary to protect human health and the environment where biosolids were used as a soil amendment (US EPA, 1992). As a result, OCCs were deleted from the “Final Part 503 Standards for the Use or Disposal of Sewage Sludge” (US EPA, 2003). The UK and Canada have also argued that there is no scientific justification for setting limits on OCCs in biosolids (e.g. Blackmore et al., 2005).

A set of preliminary guideline limits for OCC (as well as heavy metal) concentrations in soil were developed by WHO (Chang et al., 2002) for the land application of wastewater and sewage sludge, with particular relevance to developing countries (Table 17). Notably, New Zealand is one of the few countries where soil limit concentrations for PCBs (0.1 mg/kg) and dioxins (10 ng/kg) are included in biosolids application guidelines (NZWWA, 2003).

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Table 16. Standards for maximum concentrations of OCCs in biosolids

AOX DEHP LAS NP/NPE PAH PCB PCDD/F

mg/kg dry solids ng TEQ/kg dry solids

EUa 500 100 2600 50 6b 0.8 100 China 500 0.2 100 Czech Republic 500 0.6 Denmark 50 1300 10 3b Germany 500 0.2 per

congener 100

Sweden 50 3b 0.4 Slovenia 140 <0.05 Lower Austria 500 0.2 100 Germany 500 0.2 100 France 9.5 0.8 Australia -Victoria 0.2c Australia – WA 0.3c New Zealand 0.2 30c USA 300d

Source: EC (2000); Smith (2000); NZWWA (2003); US EPA (2003); LeBlanc et al. (2008) aproposed (EC, 2000) bSum of 9 congeners cGrade A (highest quality) biosolids dthe final decision was not to regulate (US EPA, 2003) AOX (adsorbable organohalogens); DEHP (Di(2-ethylhexyl)phthalate); LAS (linear alkylbenzene sulphonates); NP/NPE (nonly phenol/nonyl phenol ethoxylates), PAH (polycyclic aromatic hydrocarbons); PCB (polychlorinated biphenyls); PCCD/F (polychlorinated dibenzofuran)

Table 17. Selected WHO health-related guideline maximum permissible pollutant concentrations for soils receiving biosolids and/or untreated municipal wastewater

Organic compound Soil concentration

(mg/kg) PAH (as benzo(a)pyrene) 16 Dichlorobenzene 15 2,4 – D 0.25 DDT 1.54 Dieldrin 0.17 Heptachlor 0.18 Hexachlorobenzene 1.4 Pyrene 41 Lindane 12 Pentachlorophenol 14 PCBs 0.89 2,4,5 – T 3.82 Trichloroethane 0.68 Phthalate 13733 Dioxins 0.00012

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Additionally, there are other regulations that do not directly control biosolids (or other organic material) inputs, but nevertheless affect OCC additions to soils. Among the most important of these is EC Regulation 1907/2006, concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The purpose of REACH is to ensure a high level of protection of human health and the environment from chemical substances, preparations or articles. Under the REACH Regulation, organic materials such as biosolids do not fall within this definition, so producers are not directly affected by the REACH Regulation. However, REACH will have indirect impacts on organic material composition and may lead to a reduction in the levels of OCCs contained. 3.2. Compost Currently, compost represents a relatively small source of total annual heavy metal additions to agricultural land in England and Wales compared with other inputs (Table 2), although metal addition rates at the field level can be relatively high (Figure 1). Both statutory and voluntary controls are used to limit metal inputs from this source. However, the anticipated expansion of the composting industry in response to European and national policies encouraging the diversion of organic wastes from landfill disposal (e.g. the Landfill Directive; the UK Waste Strategy) is likely to further increase the recycling of composted materials (and heavy metal inputs) to agricultural land in the future.

3.2.1. UK control/legislation Products arising from ‘waste’ sources, such as compost, cease to be classified as waste (i.e. are no longer subject to the control mechanisms within the Waste Framework Directive, EC, 1975) once they have been fully recovered. In England and Wales, there are no legislative controls on compost quality. However, the Compost Quality Protocol (QP) sets out voluntary criteria for the recovery/production of quality compost from source-segregated biodegradable waste (WRAP & EA, 2008a). Once compost has met the approved standard for quality it is no longer classified as waste and can be applied to land in accordance with the procedures outlined in the QP. The QP assures the quality of compost through compliance with the BSI specification for composted materials (BSI PAS 100; BSI, 2005), which covers the entire process by which compost is produced and includes a number of compost quality requirements including limits on heavy metals (Table 18). The QP specifies that soil heavy metal analysis is required prior to the first application of compost and again when predicted concentrations approach 75 per cent of the limit values, which are the same as those set out in the “Code of Practice for Agricultural Use of Sewage Sludge” (Table 6). It is not obligatory for compost producers to comply with the QP, however non-QP compost will continue to be classified as ‘waste’ and will be subject to statutory controls under the Waste Framework Directive (implemented in the UK under the Environmental Permitting Regulations 2007). For non-QP compost, an exemption from Environmental Permitting Regulations must be obtained from the Environment Agency through demonstrating that compost

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application to land can provide ‘agricultural benefit or ecological improvement’.

Table 18: Heavy metal limits in PAS 100 compost for general use

Metal Maximum concentration (mg/kg dry matter)

Cd 1.5

Cr 100

Cu 200

Pb 200

Hg 1.0

Ni 50

Zn 400 Source: BSI (2005)

3.2.2. EU controls/legislation There is currently no overarching statutory legislation controlling compost use on agricultural land at the EU level. However, most European countries have introduced statutory standards for the production and use of compost. Notable exceptions include Sweden and the UK, which rely on voluntary quality assurance standards. There is, a high degree of variability between the statutory and voluntary compost standards in different countries, “stemming from the effort to combine two often contradicting targets: maximum environmental and public health protection on the one hand and maximum organic matter recycling on the other” (Lasaridi et al. 2006 p. 59). In addition, the precautionary approach adopted in the EU and the risk assessment approach prevailing in the USA, can lead to different limit values for a number of critical parameters, such as heavy metals (Hogg et al., 2002). A wide range of heavy metal limits for compost have been incorporated into Member State legislation (Table 19), “with the north being usually more stringent than the south, reflecting mainly the varying level of progress on source separation of the biodegradable fraction of MSW [municipal solid waste], but also the different needs in soil organic matter” (Lasaridi et al. 2006 p.59). The least restrictive metal limits for compost are generally those set by Greece (which are often ten-fold higher than the limits set by the most restrictive countries), although Denmark has the highest limit values for both Cu and Zn. Conversely, the most restrictive compost heavy metal concentrations are those set by Austria, Spain, the Netherlands and Belgium. In some cases the heavy metal limit values are “deduced from the range for sewage sludge because of a lack of standards established specifically for compost” (Hogg et al., 2002 p.43). In other countries, there has been an attempt to develop a precautionary standard specific to compost, based upon a desire to prevent the build up of heavy metals in soil. In general, maximum

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permitted heavy metal concentrations in compost (Table 19) tend to be lower than those permitted in biosolids (Table 7). Some countries (e.g. Austria and Spain) categorise compost into classes depending on their heavy metal content. In these countries, the classes are often linked to specific land uses such as agriculture/food production or landscaping/land reclamation. For example, in Austria ‘A+ class’ compost is suitable for organic and other farming systems, ‘A class’ is for general agricultural use, whilst ‘B class’ compost is only for landscaping and remediation use. All three classes of compost in the Spanish legislation are permitted for agricultural use, as long as the compost class is clearly identified.

Table 19: Range of maximum permitted heavy metal concentrations in compost (mg/kg dry matter) for EU countries

Metal Minimum Maximum

mg/kg dry matter

Cadmium 0.7 (AT, ES) 10 (GR)

Chromium 50 (NL) 510 (GR)

Copper 70 (AT, ES) 1000 (DK)

Mercury 0.3 (NL) 5 (GR)

Nickel 20 (BE, NL) 200 (GR)

Lead 45 (AT, ES) 500 (GR)

Zinc 200 (AT, ES) 4000 (DK) AT (Austria); BE (Belgium); DK (Denmark); ES (Spain); GR (Greece); NL (Netherlands)

The second draft of the EU Biowaste Directive (Table 20) also included two classes of compost based on the heavy metal content, although development of this Directive has now been abandoned. Most countries, however, currently have only a single class of compost.

Table 20: Proposed limit values for compost from Annex III of the 2001 Biowaste Working Document

Metal Compost/digestate (mg/kg dry solids) Class 1 Class 2

Cadmium 0.7 1.5

Chromium 100 150

Copper 100 150

Mercury 0.5 1

Nickel 50 75

Lead 100 150

Zinc 200 400

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As well as restricting the heavy metal content of compost, a number of Member States also place limits on the permissible quantity of compost at a maximum heavy metal content which can be spread annually, or over a 2-5 year period (Hogg et al., 2002). For example, Austrian compost regulations limit compost application to 8t dm/ha/year over a five year period, whereas Danish regulations limit compost application to 7t dm/ha/year over a ten-year period. In Germany, different limits on compost application are in place according to the compost class, with Class I compost limited to 30t dm/ha/year over a three-year period whereas for Class II compost the limit is set at 20t dm/ha/year. In addition, both France (As, Cd, Cr, Cu, Hg, Ni, Pb, Se and Zn) and Greece (Cd, Cr, Cu, Hg, Ni, Pb and Zn) set limits on the annual (as a ten-year average in France) amount of metal that can be input to soil. However, in operational practice in most northern EU countries the factor which is most likely to restrict compost application is not heavy metals, but limits on nitrogen and phosphorus loading rates to land. Indeed, the focus of compost legislation in The Netherlands has recently moved away from metal concentration limits to nutrient loading rate limits.

3.2.3. Legislation in the USA and other countries There are no separate US EPA standards for compost, so most states of the USA use Part 503 (biosolids regulations) to set limits for compost.

Australia has a voluntary standard for compost, soil conditioners and mulches (Australian Standard AS4454-2003). This standard adopts contamination thresholds from products derived from organic wastes, compostable organic materials and biosolids that are currently applied federally or in individual states. The standard was developed to control the quality of compost produced from segregated green waste and for unrestricted use (e.g. domestic and residential). Additionally, any material mixed with or produced using biosolids is regulated under the Biosolids Guidelines (e.g. NSWEPA, 1997).

3.2.4 Controlling organic compound contaminants Based on work in Canada, Groeneveld and Hébert (2005) concluded that including PCBs, PCDD/Fs and PAHs in compost quality standards was not justified for source separated compost. However, limits may need to be considered for non-source separated compost (Amlinger et al., 2004). A previous review by Nicholson et al. (2008) concluded that there was no scientific evidence of a need for limit values for OCCs in compost.

3.3. Livestock manure The only country which directly addresses heavy metal additions in livestock manures is Norway, which passed a new regulation in 2003 (the Regulation on Fertilizer Materials of Organic Origin) covering all organic materials spread on land, i.e. livestock manures, food processing ‘waste’, organic household ‘wastes’, garden ‘waste’ and biosolids. Germany has stated that it aims in future to harmonize regulations on the use of fertilisers, biosolids and livestock manures (Eckel et al., 2005). Notably, the metal content of livestock manures is indirectly controlled by the requirement to comply with the Feedingstuff

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Regulations (EC, 2003a). Requirements to limit manure application to land in order to comply with nutrient loading restrictions to minimize diffuse pollution will also restrict metal inputs to soil, via controls on nitrogen or phosphorus loading rates from livestock manures.

3.3.1. Heavy metals in livestock feed Heavy metals are present in livestock diets at background concentrations and may be added to certain feeds as supplementary trace elements for health and welfare reasons, or as growth promoters. Both Cu and Zn are permitted additives to livestock feeds and levels in feed are currently controlled by the Feedingstuffs Directive (EC, 2003a). In contrast, it is not permitted to add Cd, Pb, Cr or Ni to animal feed. Small amounts of heavy metals are naturally present in basal diets (e.g. cereals, soya), although supplements are added in mineral form to fully meet trace element requirements. Heavy metals may also be present in livestock diets as a result of contamination via mineral supplements (e.g. some limestone added to laying hen feeds may contain relatively high levels of Cd). In addition, Cu is added to growing pig diets as a cost-effective method of enhancing performance and Zn is used in weaner pig diets (under veterinary prescription) for the control of post-weaning scours. For all livestock, the majority of heavy metals consumed in feed are excreted in the faeces or urine, and will thus be present in livestock manure that is subsequently applied to land (Chambers et al., 1998). Legislation which came into force in January 2004 (EC, 2003a) reduced the maximum permitted levels of Zn and Cu supplementation in livestock diets to minimise their subsequent environmental impact in land applied manures. These changes were introduced in response to recommendations from the Scientific Committee on Animal Nutrition, which looked at animals’ physiological requirements for these metals and their potential adverse impacts on the environment (EC, 2003b;c). Table 21 shows the previous and current levels of Zn and Cu permitted in livestock diets. It could be inferred that considerable reductions in manure Zn and Cu concentrations (and hence loadings to agricultural land) would result from the implementation of this legislation. However, estimates of manure metal concentrations based solely on changes in feed inputs may be misleading, as farmers can also use metals (e.g. Zn) under veterinary prescription. Up to date measurements of metal concentrations in livestock manures in England and Wales are being collated as part of this project (SP0569, Report 3), which will highlight any changes in manure metal concentrations from the previous sampling which was undertaken in the mid-1990s (Nicholson et al., 1999). Moreover, this will also enable us to assess the effectiveness of changes to the Feedingstuff Regulations in terms of reductions in metal loadings to agricultural soils.

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Table 21. Previous (SI, 2000) and current (EC, 2003a) maximum permitted levels of zinc and copper in livestock feeds (mg/kg complete feed)

Zinc Copper

Previous Current Previous Current

Pigs

Up to 16 weeks - - 175 -

Up to 12 weeks - - - 170

17 weeks – 6 months - - 100 25

Other pigs - - 35 25

All pigs 250 150 - -

Poultry

Layer 250 150 35 25

Broiler grower 250 150 35 25

Broiler finisher 250 150 35 25

Ruminants

Pre rumination - 200 - 15

Dairy and beef cattle 250 150 35 35

Sheep 250 150 15 15 Source: Nicholson et al. (2008)

3.3.2. Controls on nutrient loadings from livestock manures Inputs of heavy metals (and indeed other contaminants) from livestock and other organic material additions are indirectly limited by compliance with application rate guidelines in the Code of Good Agricultural Practice (Defra, 2009). More specifically, in Nitrate Vulnerable Zone (NVZs), livestock manure applications must comply with legislative restrictions on N loading rates, with a field N spreading rate limit of 250 kg/ha total N. Table 22 illustrates how nitrogen loading limits indirectly regulate metal inputs to soil by comparing Zn and Cu addition rates from dairy and pig slurry applied at rates of 250 and 125 kg N/ha total N. Similarly, there is a recommendation in the Code of Good Agricultural Practice (Defra, 2009) to limit manure applications based on the P removed by crops in the rotation (where soils are at ADAS P index 3 or above), which will also limit metal additions. The Nitrate Directives has been implemented across the EU. Hudec et al., (2007) in a report to the EU Commission identified thirteen broad groups of measures/requirements to limit nitrate loss. Of relevance to the control of heavy metal inputs are measures limiting the total quantity of fertiliser application (often according to land use) and livestock N loading rates to comply with the 170 kg/ha total N overall farm limit.

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Table 22: Rate of metal addition at different N application rates

Metal concentration

of slurry

(g/t fresh weight)1

N content of slurry2

(g/t fresh weight)

Field metal addition rate at 250 kg/ha

N (kg/ha)

Illustrative metal addition

rate at 125 kg/ha N (kg/ha)

Dairy slurry

Zinc 17 2.6 1.6 0.8

Copper 4.5 2.6 0.4 0.2

Pig slurry

Zinc 65 3.6 4.5 2.3

Copper 47 3.6 3.3 1.7 1Metal content of slurry from Nicholson et al. (1999) 2N content of cattle slurry at 6% dry matter and pig slurry at 4% dry matter (Defra “Fertiliser Manual (RB209)”, in press)

3.3.3. Other controls on metals in manures In England, the Defra Code of Good Agricultural Practice recommends that where fields receive regular applications of pig and poultry manures farmers should monitor Cu and Zn in the manure and soil (Defra, 2009). If concentrations approach those given in Table 23 (which are the same as for biosolids – see Table 6), it is recommended that professional advice is sought before additional manure is applied to land.

Table 23: Trigger values for seeking advice when applying manures or pesticides in the Defra Code of Good Agricultural Practice (2009)

Trigger values (total concentration mg/kg)

pH 5.0 to 5.5 pH above 5.5

Zinc 200 200

Copper 80 100

There are two recent pieces of legislation which, whilst not directly tackling contaminant inputs to or concentrations in soils, could have important impacts on ‘acceptable’ metal levels in agricultural soils. The Water Framework Directive (EC, 2000) sets environmental quality standards for water, including limits for Cd, Cu, Hg and As concentrations. Also, the Freshwater Fish Directive (EC, 1978) has historically set limits for Zn and Cu concentrations in freshwaters where fish are present. Compliance with these directives means that potential sources of selected metals to water will need to be assessed. This could have implications for the spreading of livestock manures (and other organic materials) where heavy metals and other contaminants could potentially enter surface waters via leaching, by-pass flow on cracking clay soils or by overland flow in association with sediment losses. Furthermore, the CAP reform package means that farmers will only receive the Single Payment

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if they achieve ‘cross-compliance’ (i.e. they comply with a number of existing directives including the Nitrates and Sewage Sludge Directives) and maintain their land in ‘good agricultural and environmental condition’ (GAEC). These requirements will encourage farmers to better understand the importance of protecting their soil resources from compaction, erosion, organic matter declines and contamination. 3.4. Other organic material additions A wide range of industrial by-products/’wastes’ are applied to agricultural land, for example, ‘waste’ from food and drink preparation, paper crumble or textile ‘waste’ (Table 24). At the EU level, more than 90% of the organic material spread on land is livestock manure; of the remainder, the most important materials are food production ‘wastes’, dredgings from waterways and paper crumble (Gendebien et al., 2001).

Table 24: Estimates of waste quantities recycled to land from main industrial sectors in the EU151 Member States

‘Waste’ type Million tonnes on a fresh weight basis

Paper 2

Sugar beet 8

Olive oil 3

Other fruit and vegetables 3

Other food and drink 1

Leather 0.25

Textile 0.1

Mineral 15

Other2 4 Source: Gendebien (2001) 1Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom. 2Includes pharmaceuticals and wood processing The anaerobic digestion (AD) of animal slurry and other biodegradable organic materials is increasingly common (especially Germany, Denmark and Italy), as a way of producing biogas for heating or electricity generation schemes. The material that remains after the digestion process (i.e. digestate) is high in organic matter and nutrients, and will also contain heavy metals and potentially OCCs derived from feedstock materials.

3.4.1. Controlling the application of industrial ‘wastes’ on land There are currently no specific regulatory controls at the EU level on the application of industrial ‘wastes’, with the exception of biosolids. However, the Waste Framework Directive (75/442/EEC as amended 91/156/EEC) sets out control principles where ‘waste’ materials are to be recycled to the land.

26

In England and Wales, source segregated compost and other ‘waste’ materials can be applied to agricultural land under an exemption from the Environmental Permitting Regulations (SI, 2007), providing they can be shown to result in ‘agricultural benefit or ecological improvement’ and that heavy metal additions are shown not to cause a disbenefit. This is usually achieved in operational practice by demonstrating that the application will not exceed the soil heavy metal limit values specified in the Sludge Regulations (Table 6). The organic matter content and liming properties of paper crumble make it a valuable soil conditioner, particularly on acidic soils. To support the reuse of paper crumble on agricultural land, the UK paper industry has produced a Code of Practice for Landspreading Paper Mill Sludges (Paper Federation of Great Britain, 1998). Regulations in other EU countries on the landspreading of industrial ‘wastes’ are varied and are summarised in Table 25.

3.4.2. Controlling digestate applications to agricultural land Like compost, digestate made from source segregated bio-degradable ‘waste’ will be able to be used outside the Environmental Permitting Regulations (SI, 2007), provided that the Quality Protocol (QP) for Digestate is followed. Note: the Draft QP developed by the Environment Agency and WRAP (EA/WRAP, 2009) is still waiting final approval from the EC Technical Standards Committee.

In terms of contaminants, the Draft QP states that quality digestate applications must adhere to the maximum permissible annual rate of heavy metal addition over a 10-year period, as per the Code of Practice for the Agricultural Use of Sewage Sludge (see Table 6). Also the digestate and receiving soil must be analysed for heavy metals (Pb, Cd, Hg, Cu, Zn, Ni) to ensure that the soil metal limit values set out in the 'Sludge Code' are not exceeded (see Table 6). Soil analysis for heavy metals must be carried out before the first application of quality digestate and again when the predicted concentrations approach 75 percent of the limit values set out in the 'Sludge Code'.(Table 6). This review did not identify specific guidelines for the application of digestate in other countries.

27

Table 25: Regulation of industrial ‘wastes’ to land in selected EU Member States

Member State Waste regulation

Austria Industrial ‘waste’ materials can not be applied to land, except those permitted for the preparation of fertilisers. However, some ‘waste’ materials are applied to land (e.g. from the food and drinks industries) as compost.

Belgium The recycling of ‘waste’ materials to land is regulated at regional and federal levels. A ‘waste’ producer has to submit a detailed report to the administration in order to receive an exemption from licensing for landspreading of ‘waste’ materials. The landspreading of industrial ‘waste’ is covered under the same law and regulations as the landspreading of urban sewage sludge.

Denmark The landspreading of industrial ‘waste’ falls under the same regulations as sewage sludge. In addition, industries are required to submit detailed information on quantities and quality of the ‘waste’.

Finland

A permit for landspreading is issued by the local municipalities if the quantity of ‘waste’ recycled to land is less than 500 tonnes or by the regional council if the quantities are greater.

France French regulations recognise two types of by-products resulting from industrial processes: homologated products falling under the Law of 1979 relating to fertilisation materials and aids to cultivation; and waste subject to declaration or authorisation procedures, falling either under the water legislation or the regulations governing registered installations (ICPEs – Installations classées pour la Protection de l’Environnement).

Germany The Bio-Waste Ordinance 1998 regulates the application of (organic) ‘waste’ on agricultural, horticultural and forestry soils. Several other laws and regulations are also relevant, e.g. the Fertiliser Law and Fertiliser Ordinance, and the Soil Protection Law and Soil Protection Ordinance.

Greece There is no legislation specific to the recycling of organic ‘waste’ to land except for sewage sludge.

Italy Residues from industrial processes may be recycled to land as long as they comply with the Fertiliser Act requirement. There are specific controls for oil mill water and oil cake recycled in agriculture.

Luxembourg There are no specific regulations on the recycling of industrial ‘wastes’ to land, but rules for sewage sludge and animal fertilisers must be followed.

Netherland The recycling of ‘waste’ materials is regulated at national and provincial levels.

Portugal No specific regulations exist regarding the application of industrial ‘waste’ on agricultural land.

Spain In certain Autonomous Regions, industrial wastewater treatment plant sludge is controlled under Royal Decree 13/10/1990 of 29 October, which is an adaptation of the Sewage Sludge Directive. ‘Waste’ can also be classed as a product when it corresponds to a product on the list of fertilisers and derivatives laid down in the “Fertilisers and Derivatives” Act of 28 May 1998. Ministry of Agriculture permission must then be sought to market the product.

Source: Genedebien et al. (2001)

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4. SUMMARY

4.1. Heavy metals Biosolids. As a result of considerable research on biosolids recycling to land in the EU and USA, an advanced understanding of the risks and benefits has been developed. Many countries have built their understanding and policies from this knowledge and experience, but have integrated local needs and conditions into their control measures. In general, the USA has adopted the concept of risk assessment in its environmental regulations, with the federal wastewater sludge regulations (Part 503) based on an extensive risk assessment completed in the early 1990s. In contrast, the EU has tended to adopt a precautionary or no-net-degradation approach. In all EU Member States, the application of heavy metals in sewage sludge is subject to the legislative restrictions specified in the Sludge Directive 86/278/EEC (CEC, 1986). The way the Directive has been implemented varies, with some countries (e.g. Denmark) tending to set maximum permitted limits for heavy metal concentrations in soil and sludge well below those specified in the Directive, with other countries (e.g. Greece) setting limits close to or at the maximum levels allowed. The UK is the only country not to specify metal limit concentrations in sewage sludge. Reductions in maximum permitted concentration of heavy metals in soils and sewage sludge proposed in the Working Document on Sludge (EC, 2000) are still under review. Although an EU Member State, The Netherlands has not permitted biosolids applications to agricultural soil for the last 20 years. Since 2004, a dewatered, composted, granular product has largely been used as a biofuel in power stations. Given the huge investment in treatment technologies, there is little support for reintroducing the application of biosolids to agricultural soils, particularly in light of current nutrient surpluses in the country. Elsewhere in Europe, Switzerland has banned the application of sludge to agricultural land, except where incineration is not a practical alternative. Unlike the EU, regulations in the USA, Australia and New Zealand specify different classes of biosolids (depending on the heavy metal content), which are subject to different degrees of management and operational control. Maximum soil heavy metal concentrations and loading rates are specified in Australia and New Zealand and tend to be within the range of those in the Sludge Directive (CEC, 1986). Notably, in Australia (and Canada) there are a number of different independent biosolids regulations and guidelines operating at the state level, and including different biosolids quality standards, operational procedures etc., which causes confusion. Sludge applications in the USA are controlled under the Part 503 rule, where applications must comply with heavy metal ‘ceiling concentrations’, cumulative heavy metal loading rate limits or annual heavy metal loading rate limits (bagged products only). Biosolids heavy metal ‘ceiling concentrations’ are generally higher than those in the Sludge Directive (CEC, 1986), however for exceptional quality (EQ) biosolids, heavy metal concentrations are generally lower than those in the Directive. The Part 503 rule does not directly specify maximum permitted heavy metal concentrations in the receiving soil, although the cumulative

29

loading rate limit controls the additional amount of heavy metals that can be applied. Compost. The application of composted material to agricultural land is not regulated at the EU level, but most Member States have either statutory legislation that control the use of compost on agricultural land or voluntary guidelines (e.g. UK, Sweden). There is currently a high degree of variation in the statutory legislation and voluntary guidelines in different countries. In some cases, the limit values (in the compost and soil) are taken from those for biosolids because of a lack of specific information on compost, whereas in other countries, there has been an attempt to develop a (precautionary) standard specific to compost. In general, maximum permitted heavy metal concentrations in compost tend to be lower than those permitted in biosolids. Livestock manures. The only country which directly addresses heavy metal additions in livestock manures is Norway, which passed a new regulation in 2003 (the Regulation on Fertilizer Materials of Organic Origin) covering all organic materials spread on land, i.e. livestock manures, food processing ‘waste’, organic household ‘wastes’, garden ‘waste’ and biosolids. Notably, Germany has stated that it aims in future to harmonise regulations for the use of manufactured fertilisers, sludge and animal manures. However, in most EU states heavy metal inputs to soils with livestock manures are indirectly controlled by other measures such as the Nitrates Directive (which limits the maximum amount of manure, and hence heavy metals, that can be spread based on the nitrogen applied) and the Feedingstuffs Directive (which limits the amount of heavy metals that can given to livestock in feeds). Other organic materials. Other organic material inputs to land such as industrial ‘wastes’ are usually controlled under either Member State waste or fertiliser legislation.

4.2. Organic compound contaminants The consensus is that specific OCC quality standards for biosolids are not a priority for regulation because most persistent compounds are strongly bound to the solid fraction. However, proposals to revise the Sludge Directive (EC, 2000) to include maximum permitted OCC concentrations in sludge are currently under review and many Member States have introduced statutory or guideline limits for at least some OCCs (usually PCBs or PCDD/Fs). Notably, most of the legislation designed to limit heavy metal or nutrient inputs to soils in sludge and other organic materials will also indirectly limit OCC inputs. Probably the single most important piece of new legislation with regard to soil protection from OCC inputs is the Registration, Evaluation and Authorisation of Chemicals (REACH). Under the REACH Regulation, organic materials do not fall within the definition of a chemical substance, so producers are not directly affected. However, REACH will have an indirect impact on organic material composition and may lead to a reduction in the levels of OCCs contained.

30

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SAEPA (1997). South Australian Biosolids Guidelines for the Safe Handling, Reuse or Disposal of Biosolids. http://www.lga.sa.gov.au/webdata/resources/files/SA_Biosolid_Disposal_Guidlines_-_EPA_(25).pdf

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APPENDIX

Table A1: Maximum permitted heavy metal concentrations in soil (mg/kg dry matter) for some EU countries

Member state EU 86/278/EEC Austria1 Belgium2 Bulgaria5 Czech Rep Denmark Finland France Germany Greece Hungary Ireland

Cadmium 1-3 0.5-2 0.9, 2 2-3 0.4-0.5 0.5 0.5 2 1.5 3 1 1

Chromium - 50-100 46 200 55-90 50 200 150 100 - 75 -

Copper 50-140 40-140 49, 50 100-140 45-60 30 100 100 60 140 75 50

Mercury 1-1.5 0.2-1.5 1, 1.3 1 0.3 0.1 0.2 1 1 1.5 0.5 1

Nickel 30-75 30-70 18, 30 60-75 45-50 15 60 50 50 75 40 30

Lead 50-300 50-100 50, 56 80-100 55-60 40 60 100 100 300 100 50

Zinc 150-300 100-300 150, 170 250-300 105-120 100 150 300 200 300 200 150

Member state

EU 86/278/EEC

Italy Latvia3 Malta5 Neth’s Norway Poland3 Portugal5 Slovakia Slovenia Spain5 Sweden UK4

pH 6-7

Cadmium 1-3 1.5 0.5-9.9 0.5-1.5 0.8 1 1-3 1-4 1 1 1-3 0.4 3

Chromium - - 40-90 30-100 100 100 50-100 50-300 60 100 100-150 60 400

Copper 50-140 100 15-70 20-100 36 50 25-75 50-200 50 60 50-210 40 135

Mercury 1-1.5 1 0.1-0.5 0.1-1.0 0.3 1 0.8-1.5 1-2 0.5 0.8 1-1.5 0.3 1

Nickel 30-75 75 15-70 15-70 35 30 20-50 30-110 50 50 30-112 30 75

Lead 50-300 100 20-40 70-100 85 50 40-80 30-450 70 85 50-300 40 300

Zinc 150-300 300 50-100 60-200 140 150 80-180 150-450 150 200 150-450 100-150 200

Source: CEC (2006), except Norway (http://daten.ktbl.de/aromis/pdf/NO_threshold.pdf. Accessed 26/11/09) 1Range covers 9 Lander 2Values for Flanders and Wallonia 3Range for 3 soil types (light, medium, heavy) 4See Table 7 for details of concentrations at other soil pH values 5Ranges are pH banded

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Table A2: Maximum permitted heavy metal concentrations in sludge (mg/kg dry matter) for some EU countries

Member state EU 86/278/EEC soil pH 6-7

Austria1 Belgium2 Bulgaria Czech Republic

Denmark Finland France Germany Greece Hungary Ireland

Cadmium 20-40 0.7-10 6-10 30 5 0.8 3 10 10 40 10 5

Chromium - 50-500 250-500 500 200 100 300 1000 900 500 1000 350

Copper 1000-1750 70-500 375-600 1600 500 1000 600 1000 800 1750 1000 750

Mercury 16-25 0.4-10 5-10 16 4 0.8 2 10 8 25 10 10

Nickel 300-400 25-100 100 350 100 30 100 200 200 400 200 300

Lead 750-1200 45-500 300-500 800 200 120 150 800 900 1200 750 400

Zinc 2500-4000 200-2000 900-2000 3000 2500 4000 1500 3000 2500 4000 2500 750

Member state EU 86/278/EEC soil pH 6-7

Italy Luxembourg Netherlands Poland Portugal Slovakia Slovenia Spain Sweden UK

pH<7 pH>7

Cadmium 20-40 20 20-40 1.25 10 20 10 5 20 40 2 na

Chromium - 1000-1750 75 500 1000 1000 500 1000 1500 100 na

Copper 1000-1750 1000 1000-1750 75 800 1000 1000 600 1000 1750 600 na

Mercury 16-25 10 16-25 0.75 5 16 10 5 16 25 2.5 na

Nickel 300-400 300 300-400 30 100 300 300 80 300 400 50 na

Lead 750-1200 750 750-1200 100 500 750 750 500 750 1200 100 na

Zinc 2500-4000 2500 2500-4000 300 2500 2500 2500 2000 2500 4000 800 na Source: CEC (2006) 1Range covers 9 Lander 2Values for Flanders and Wallonia Na = not applicable

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Table A3: Maximum permitted average annual load of heavy metals to agricultural land (g/ha/yr) for some EU countries

Member state EU 86/278/EEC soil pH 6-7

Austria1 Belgium2 Finland France Greece Hungary Luxembourg Netherlands

Cadmium 150 6-25 120-150 3 150 150 150 150 2.5

Chromium - 350-1250 500 300 1500 5000 10000 4500 150

Copper 12000 1000-1800 750-1200 600 1500 12000 10000 12000 150

Mercury 100 6-250 10-100 2 150 100 100 100 1.5

Nickel 3000 200-300 100-3000 100 300 3000 2000 3000 60

Lead 15000 300-1250 600-15000 150 1500 15000 10000 15000 200

Zinc 30000 3600-5000 1800-30000 1500 4500 30000 30000 30000 600

Member state EU 86/278/EEC soil pH 6-7

Portugal Slovakia Slovenia Spain Sweden UK

Cadmium 150 150 30 25 150 0.75 150

Chromium - 4500 3000 2500 3000 40 15000

Copper 12000 12000 3000 3000 12000 300 7500

Mercury 100 100 30 25 100 1.5 100

Nickel 3000 3000 900 500 3000 25 3000

Lead 15000 15000 2250 2500 15000 25 15000

Zinc 30000 30000 7500 10000 30000 600 15000 Source: CEC (2006) 1Range covers 9 Lander 2Values for Flanders and Wallonia

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Table A4: Maximum permitted heavy metal concentrations in sludge (mg/kg dry matter) for some non-EU countries

EU 86/278/EEC soil pH 6-7

Brazil Mexico USA

(EQ biosolids)

Canada

(Ontario)

Canada

(British Columbia,

Class A biosolids)

Canada

(New

Brunswick)

Jordan China

(pH<6.5)

Japan Russia

mg/kg dry matter

Arsenic - 41 41 41 170 75 - 41 75 (75) 50 10

Cadmium 20-40 39 39 39 34 20 20 40 20 (5) 5 15

Chromium - 1000 1200 - 2800 1060 - 900 1000 (600) 500 500

Copper 1000-1750 1500 1500 1500 1700 2200 850 1500 1500 (800) - 750

Mercury 16-25 17 17 17 11 5 5 17 15 (5) 2 7.5

Nickel 300-400 - 420 420 420 180 180 300 200 (100) 300 200

Lead 750-1200 300 300 300 1100 500 500 300 1000 (300) 100 250

Zinc 2500-4000 2800 2800 2800 4200 1850 1850 2800 3000 (2000) - 1750

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Table A5: Maximum permitted heavy metal concentrations from European compost standards

Member State Regulation Type of standard

Cadmium Chromium Copper Mercury Nickel Lead Zinc Arsenic

mg/kg dry matter

Austria Compost Ordinance, Class A+ statutory 0.7 70 70 0.4 25 45 200

Compost Ordinance, Class A 1 70 150 0.7 60 120 500

Compost Ordinance, Class B 3 250 500 3 100 200 1800

Belgium Royal Decree, 07.01.1998 statutory 1.5 70 90 1 20 120 300

Czech Republic

Use for agricultural land (group one) statutory 2 100 100 1 50 100 300 10

Landscaping, reclamation

(draft Biowaste Ordinance – group two)

statutory

class 1

2

100

170

1

65

200

500

10

class 2 3 250 400 1.5 100 300 1200 20

class 3 4 300 500 2 120 400 1500 30

Germany Quality assurance RAL GZ – compost/digestate products

voluntary 1.5 100 100 1 50 150 400

Bio waste ordinance statutory

class I

1

70

70

0.7

35

100

300

class II 1.5 100 100 1 50 150 400

Denmark Statutory Order Nr.1650; compost after 13.12.2006 statutory 0.8 1000 0.8 30 120/60 4000 25

Spain Royal Decree 824/2005 on fertilisers.

Class A

Class B

Class C

statutory 0.7 70 70 0.4 25 45 200

2 250 300 1.5 90 150 500

3 300 400 2.5 100 200 1000

Finland Fertiliser Regulation (12/07) statutory 1.5 300 600 1 100 150 1500 25

40

41

Member State Regulation Type of standard

Cadmium Chromium Copper Mercury Nickel Lead Zinc Arsenic

mg/kg dry matter

France NFU 44 051 standard 3 120 300 2 60 180 600

Greece KYA 114218 Hellenic Government Gazette 1016/B/17-11-97

statutory 10 510 500 5 200 500 2000 15

Hungary Statutory rule 36/2006 (V.18) statutory 2 100 100 1 50 100 10

Ireland Licensing of treatment plants

Stabilised MBT compost not meeting Class I or II.

Statutory

5

600

600

5

150

500

1500

Compost class I 0.7 100 100 0.5 50 100 200

Compost class 2 1.5 150 150 1 75 150 400

Italy Law on fertilisers (L 748/84; and 03/98 and 217/06) for BWC/GC/SSC

statutory 1.5 230 1.5 100 140 500

Luxembourg Licensing for plants 1.5 100 100 1 50 150 400

Latvia Regulation on licensing of waste treatment plants (no 413/23.5.2006) – no specific compost regulation

statutory 3 600 2 100 150 1500 50

Netherlands Amended National Fertiliser Act from 2008 statutory 1 50 90 0.3 20 100 290 15

Poland Organic fertiliser statutory 3 100 400 2 30 100 1500

Sweden Guideline values of QAS voluntary 1 100 100 1 50 100 300

Slovakia Industrial Standard STN 46 5735 Class I voluntary 2 100 100 1 50 100 300 10

Class II (not for agricultural use) 4 300 400 1.5 70 300 600 20

UK Quality Compost Protocol Voluntary 1.5 100 200 1 50 200 400 Source: Barth et al.(2008)

Table A6: Details of compost regulation in Member State including classification status

of compost (waste or product)

Member state

Additional details of compost regulation

Austria

(product)

Kompost-Verordnung /Austrian Compost Ordinance

Ordinance defines quality requirements for compost from waste such as, type and origin of source materials and labelling and marketing

Definition of quality class is required:

• Class A+, Top quality; limit values taken from Council Regulation (EEC) No.2092/91 on biological agriculture

• Class A, Quality compost, suitable for use in agriculture, horticulture, hobby gardening.

• Class B, Minimum quality required for "compost" to be declared as a product; use is restricted to non-agricultural areas (e.g. land reclamation, landscaping)

Application limit, 8 t dm/ha/year on a 5-year basis

Belgium

(waste)

Flemish Regulation on Waste Prevention and Management VLAREA

Valid for all applications including digestion residuals and livestock manure

Czech republic (product)

Act on fertilisers 156/1998 Sb. by the Public Ministry of Agriculture

Group 1 Agricultural compost

• Compost only has to be registered for this group. The input material and use is not restricted to agriculture. Quality requirements correspond to Class 1 of the Czech Standards Institute but with less quality parameter compared to the waste compost.

Denmark

(waste)

Statutory Order Nr.1650; compost after 13.12.2006

Heavy metal levels are restricted in the input material for the compost process; there is also a limit value for land of 7 t dm/ha/year on a 10-year basis

Denmark has no compost classes simply the product standard ‘compost’, which should meet the requirements of the statutory order. However, for compost from garden and park wastes there are no requirements

Germany

(waste)

Bio waste ordinance. (class I)

Heavy metal limit value

• class I: 30 t dm in 3 years

• class II: 20 t dm in 3 years

Finland

(product)

Fertiliser Regulation (12/07)

The classes differ in the source materials permitted, maturity and organic matter content

• Fresh compost, low maturity compost for agriculture

• Digested compost for soil improvement (input material digestion residuals)

• Green waste compost

Maximum cadmium load per hectare 6g during 4-years

42

Member state

Additional details of compost regulation

France

(product)

NFU 44 051 Organic soil improvers - Organic amendments and supports of culture

Compost sale requires certification according to the standard. However, once compost meets the standard NFU 44-051 there is no legislation for use, although the standard specifies the following maximum annual loading rates (values in parenthesis over a ten year period) - g/ha

• As 270 (900), • Cd 45 (150), • Cr 1800 (6000), • Cu 3000 (6000), • Hg, 30 (100), • Ni 900 (3000), • Pb 2700 (9000), • Se 180 (600) and • Zn 6000 (30000)

Greece

(product)

KYA 114218 Hellenic Government Gazette 1016/B/17-11-97

Standards for mixed waste compost with criteria for heavy metals, impurities and pathogen indicators;

No specific use restrictions although there are upper limits for the amounts of heavy metals applied annually to agricultural land (kg/ha/year)

• Cd 0.15, • Cu 12, • Ni 3, • Pb 15, • Zn 30, • Cr 5, • Hg 0.1

Hungary

(product)

Statutory rule No. 36/2006 (V.18.)

Covers the licensing, storing, marketing and application of yield increasing products (including composts)

There is only one compost class.

Regulations include physical, chemical and biological quality parameters for final compost

Italy

(product)

National Law on Fertilisers D 217/06

Two compost types

• Green compost, produced from green waste only. Standards include limits on metal content (Pb, Cd, Ni, Zn, Cu, Hg, CrVI), impurities and microbiological contamination. The product has no market and application restrictions

• Mixed Compost. Compost produced with different source segregated organic waste (green waste, kitchen waste, sludge, etc). Parameters are the same as for green compost, with different requirements for organic carbon humic and fulvic acids.

Lativia

(waste)

Cabinet Regulation No. 362 “Regulations on utilisation, monitoring and control of sewage sludge and its compost” 02.05.2005

Compost classes are related to the concentration of heavy metals (Cd, Cr, Cu, Hg, Ni, Pb, Zn)

• Class 1-4 – can be used in agriculture

• Class 5 - to be disposed

43

44

Member state Additional details of compost regulation

Lithuania Regulation on sewage sludge, category I (LAND 20/2005)

When compost is used to improve the quality of the soil the annual quantity of heavy metals cannot exceed amounts specified in this legislation

Netherlands

(product)

Amended National Fertiliser Act from 2008

Covers all fertiliser material for agricultural soil and includes standards for heavy metals. Metal limits are lower than in previous regulations and no analysis of heavy metals is required. Focus has switched to limiting the applied nutrient load in compost application.

Poland

(waste)

The National Law on Fertilisers and Fertilization. 26.07.2000. Dz. U. Nr 89, poz. 991

Some limits specified in regulations for amounts of compost applied to soil

Composts to be sold as organic fertilisers must be approved/licensed by the Ministry of Agriculture and Rural Development. Licensing includes requirements for heavy metals, organic matter (40%).

Spain

(product)

Royal Decree 824/2005 on fertilisers.

In Spain no compost can be sold without having it registered in the “Official Register on Fertilisers Products”. Once a product is included in the Register it can be sold.

Three classes of compost based on heavy metal content exist with connected application limits according to the quality of compost

• Class A, compost which is very near to Ecolabel requirements

• Class B, compost produced from clean organic ‘wastes’ (including biowaste from separate collection)

• Class C compost produced from less clean organic ‘wastes’

Slovakia

(product)

Act No. 220/2004 Col. On protection and use of agricultural soils

Lays down limit concentrations for risk elements in agricultural soils

Industrial Standard STN 46 5735 Class I, compost has to be registered and may be applied on agricultural soil in compliance with good agricultural practice

Slovenia

(product)

Decree on input of dangerous substances and plant nutrients into the soil (OJ RS 68/96 and 35/01)

• Class I (low heavy metal content) can be used without any restrictions

• Class II (medium heavy metal content) can be spread with a limited application rate considering the heavy metal load and after a risk assessment.

Sweden

(waste)

QAS for compost and digestate

• Voluntary quality assurance system for compost and digestion products is operated by the Swedish Waste Management Association (Avfall Sverige) together with Swedish Standardisation Institute SP (SP certification SPCR 120 and SPCR 152)

Source: Barth et al., 2008