EPA rejects call to regulate PFAS in sewage sludge nationwide

The Environmental Protection Agency (EPA) has stated that it is not legally obligated to regulate PFAS chemicals found in sewage sludge used as fertilizer on farmland. This announcement came in response to a lawsuit filed by Public Employees for Environmental Responsibility (PEER) on behalf of Texas farmers, who claim that PFAS contamination has harmed their livestock and livelihoods. The EPA's court filing, dated September 9, argues that while the Clean Water Act requires reviews of sewage sludge regulations, it does not mandate the identification of additional toxic pollutants. Consequently, the agency maintains that the regulation of PFAS is at its discretion. PEER's lawsuit highlights the serious health risks associated with PFAS, which are known to accumulate in the environment and human bodies, leading to various health issues, including cancers and reproductive problems. The farmers involved in the lawsuit assert that the presence of PFAS in treated sewage sludge has devalued their properties and posed significant threats to their health and economic stability. The EPA's position has drawn criticism from environmental advocates, who argue that it contradicts the intent of the Clean Water Act. The agency is currently conducting a risk assessment for two specific PFAS chemicals, with results expected by the end of 2024. Meanwhile, over 2.4 million tons of biosolids are applied annually to agricultural lands across the United States, raising concerns about the potential widespread exposure to these harmful substances. The National Association of State Departments of Agriculture has labeled PFAS as a major hazard to farmers, emphasizing the urgent need for regulatory action. As the situation unfolds, the implications of the EPA's stance could have far-reaching effects on agricultural practices and public health, particularly in regions where PFAS-laden sewage sludge is utilized as fertilizer. The ongoing legal battle may also set a precedent for future regulatory measures concerning toxic pollutants in agricultural settings.