As previously discussed, biosolids (also referred to as sewage sludge), are commonly used in agriculture, mine reclamation, and landscaping to provide nutrients to soils and promote plant growth. Concerns related to the potential presence of PFAS in biosolids have led to increased regulatory scrutiny, including through EPA’s Draft Risk Assessment for PFOA and PFOS.
From a regulatory perspective, EPA establishes standards for the use of biosolids through federal regulations at 40 CFR Part 503. At the state level, the Pennsylvania Department of Environmental Protection (“PADEP”) regulates biosolids through its Chapter 271 regulations, and maintains specific record keeping and reporting requirements in biosolids permits at PAG-07, PAG-08, PAG-09. These forms require information regarding the biosolids to be used, including pollutant concentrations.
In a recent presentation, PADEP announced its plans to include potential PFAS monitoring and land application limits in PAG-07 and PAG-08 permits. PADEP comments that it has not yet decided on the frequency of any monitoring to be required, however sampling will be performed using EPA Method 1633. As to PFOA and PFOS numeric limits, PADEP proposes the following:
- <20 ppb (µg/kg) PFOS and PFOA – Land application can occur.
- ≥20 ppb – ≤100 ppb PFOS or PFOA – Reduce application rate to 1.5 dry ton/acre maximum.
- >100 ppb PFOS or PFOA – Land application is prohibited.
Per PADEP, this tiered strategy will help mitigate risks and inform generators and users as to applicable requirements.
PADEP indicates that it anticipates draft permits to be published for public comment sometime this summer.