Regulations Impacting Biosolids and PFAS on Farms

Farmers and ranchers are met with increasing challenges due to PFAS contamination from the historical and ongoing use of sewage sludge-based biosolids as fertilizer. PFAS, or per- and polyfluoroalkyl substances, are a group of hazardous compounds also known as "forever chemicals" for their persistence in the environment and the human body. These substances tend to accumulate in waste streams from manufacturing and product usage, leading to unintentional contamination of biosolids produced through the wastewater treatment process. Research has linked PFAS to severe health issues ranging from infertility to cancer, and new studies continue to suggest even more health impacts.

In an effort to curb the spread of these chemicals and protect the health of their families and communities, farmers and ranchers across the country have demanded stronger regulations on biosolids. Several states have responded by enacting new rules that restrict or outright ban the land application of sewage sludge-derived fertilizers. Meanwhile, some states are also developing regulations that limit the amount of PFAS allowed in products such as milk and beef. Testing required to comply with these new regulations has resulted in PFAS detections at many farms. As a result of the evolving regulatory landscape, affected farmers and ranchers may need to implement expensive mitigation strategies to restore their crops and livestock to safe levels, a financial burden that could continue for years to come.

While no amount of money can take away the emotional toll of losing animals or farmland, farmers and ranchers have options to seek to shift PFAS management costs to the manufacturers responsible for the pollution. In this article, we will provide an update on current and anticipated regulations for PFAS in biosolids and share options to seek to recover the cost of compliance.

Growing Awareness and Research on PFAS in Milk and Food

Public awareness of PFAS chemicals and their associated health risks is at an all-time high. Increased testing has led to the discovery of PFAS in agricultural products ranging from beef to leafy vegetables, bringing heightened public attention to the issue. As consumers become more aware of PFAS' negative health impacts, many seek to avoid buying products that may contain high levels of PFAS. Several recent studies have investigated PFAS levels in foods and beverages to provide greater transparency.  

For example, the Consumer Reports PFAS milk study, published in 2024, detected PFAS in milk sold across the country. These results suggest that the issue of PFAS farm contamination is widespread, rather than isolated to a few affected locations. Since biosolids have been used as fertilizer on farms nationwide, more affected agricultural products may be discovered as research continues.

With growing knowledge of the extent of PFAS contamination, the public and farmers alike are advocating for tighter regulations for the chemicals. Farmers, who dedicate their lives to producing healthy, safe food products for their communities, have been especially influential in demanding action.

Building Momentum for PFAS Regulations  

As PFAS farm contamination becomes better understood, states are just beginning to regulate the contaminant levels allowed in agricultural products. In Maine, and potentially in other states soon, crops and livestock with PFAS levels above a determined threshold are not allowed to be sold or distributed for human consumption. Maine’s current PFOS Action Level for beef is 3.4 parts per billion (ppb), while its PFOS Action Level for milk is 210 parts per trillion (ppt).  

There is also growing regulatory momentum for PFAS at the national level, as the United States Environmental Protection Agency (U.S. EPA) has finalized maximum contaminant levels for six PFAS in drinking water. There are no enforceable federal limits for PFAS in food products yet, but the USDA has conducted sampling for PFAS in meat and poultry to begin determining the extent of contamination. This could lead to future regulation.  

Whether or not farms are subject to regulations for PFAS in food products, the financial, emotional, and health impacts of detections can be severe. Affected farmers are put in a challenging position, as they must mitigate contamination despite neither producing nor profiting from PFAS. This has led many in the agricultural industry to demand that regulatory agencies work more quickly to stop the spread of these hazardous chemicals.  

Farmers and Ranchers Call for Tighter Biosolids Regulations  

In areas where PFAS farm impacts have been most severe, agricultural leaders have advocated for stricter regulations on the production and use of biosolids. Maine became the first state to ban the land application of biosolids and sludge-derived fertilizer after it found PFAS had contaminated crops or water on over 50 farms throughout the state where sludge had been spread. The ban has been successful in reducing the amount of PFAS Maine farms must manage.  

Other states are beginning to follow Maine's lead. Starting October 1st, 2024, PFAS-containing biosolids or wastewater sludge will be prohibited from being used or sold in Connecticut. In addition, Michigan, New York, and Wisconsin have each put interim strategies into effect that limit the PFAS concentrations allowed in land-applied biosolids. Colorado's interim strategy requires Source Control Programs to evaluate potential PFOS sources if concentrations in biosolids exceed a determined level.  

Several more states have pending legislation that would enforce similar restrictions. For example, Massachusetts is developing legislation that would set maximum levels for the amount of PFAS allowed in any fertilizer sold in the retail market. Meanwhile, proposed legislation in Oklahoma would require a warning label on any product derived from biosolids or sewage sludge.  

Because biosolids have been applied to farmland throughout the country, PFAS farm contamination may be discovered in new areas as testing increases. Farmers, agricultural leaders, and the public are likely to advocate for stricter regulations in their states once the chemicals are detected.  

Farmer Lawsuit Demands EPA Action to Regulate PFAS in Biosolids  

So far, no federal standards have been set for the concentrations of PFAS compounds allowed in biosolids. The U.S. EPA is currently undergoing a risk assessment of pollutants in biosolids and may eventually create standards based on its findings, but farmers across Maine and in Johnson County, TX are fighting for quicker regulatory action. In 2024, the Maine Organic Farmers and Gardeners Association (MOFGA) and several Johnson County farmers and ranchers joined together to sue the U.S. EPA, aiming to make the agency set enforceable deadlines to enact Clean Water Act regulations for biosolids. The outcome of this lawsuit remains to be seen, but it shows farmers' determination to protect their land and livestock from PFAS.  

Making Polluters - Not Farmers - Cover the Cost of Regulatory Compliance

While farmers and ranchers share regulatory agencies' commitment to supporting their communities' health, implementing PFAS mitigation strategies to comply with new regulations will result in increased costs. Furthermore, as PFAS persist in land and water for many years, any remediation measures will likely need to continue into the future. These expenses have already proved to be too much for some PFAS-affected farms to bear, causing some to sell off their land altogether. Others have had to pivot to produce alternative crops with less PFAS uptake, purchase feed grown on uncontaminated land, and even reduce their livestock populations. This is devastating for the farmers and ranchers whose livelihoods were tied to land that they were unaware was contaminated. Some states and organizations have created emergency funds to offer short-term support to farmers in need, but these funds may not cover all current and future expenses.  

As an additional funding strategy, some farmers are working to hold PFAS manufacturers responsible for the costs of contamination cleanup through legal action. U.S. public water systems have been successful in this approach, securing settlements of up to more than $14 billion in total from several major PFAS manufacturers. Farmers and ranchers can follow suit by pursuing litigation against the companies that benefited from these harmful products.  

Farmers and ranchers are facing unjust challenges from PFAS contamination. They played no role in producing or selling PFAS, yet they are left to manage their negative effects. By seeking to hold PFAS manufacturers accountable for the financial hardships they have endured or expect to have in the future, farmers can build resilience to overcome the effects of contamination.

Seeking Financial Relief After PFAS Farm Contamination

If your farm or ranch has detected elevated levels of PFAS, you have options. Our PFAS legal team is available to answer your cost recovery questions. Schedule a free, no-obligation consultation to learn more.

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