• Just before President Biden’s term ended, the U.S. Environmental Protection Agency published a draft risk assessment that concluded persons living near or consuming products from farms applying biosolids may be exposed to PFOA and PFOS concentrations exceeding human health risk thresholds.
• It is unclear what, if any, action the Trump Administration will take in finalizing the draft risk assessment.

In President Biden’s final week in office, the U.S. Environmental Protection Agency published a draft risk assessment evaluating the potential human health risks associated with two per- and polyfluoroalkyl substances (PFAS) chemicals in biosolids: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). The draft shows that human health risks can exceed EPA acceptable thresholds for PFOA and PFOS for people living on or near sites that apply biosolids containing PFOA and PFOS. The draft also showed there may be similar risks for people relying primarily on those sites’ products, like crops, animal products, or drinking water.

While the draft assessment is neither a regulation nor formal guidance, the EPA could propose a regulation under section 405 of the Clean Water Act to manage PFOA and PFOS in biosolids. Biosolids are an already highly regulated product. Further regulation would add to these strict quality standards.

Biosolids from wastewater treatment facilities are often beneficially reused as fertilizer on pasture land, which in turn may increase agricultural productivity. But if treatment does not remove PFOA or PFOS, the draft explains, then the applied biosolids may contain those chemicals.

For those living near or consuming products from farms applying contaminated biosolids, the draft assessment identifies several high-risk “pathways” that can lead to PFAS exposure by: (1) drinking milk from pasture-raised cows that consume contaminated forage, soil, and water; (2) drinking contaminated water or groundwater; (3) eating fish from a lake impacted by contaminated runoff; or (4) consuming beef or eggs from pasture-raised hens or cattle where the pasture is treated with PFAS-laden biosolids. For each pathway, the draft assessment suggests that higher concentrations of PFOA and PFOS increases the risk of an exposure to those chemicals.

The EPA does not expect that all farms where biosolids have been applied containing PFOA or PFOS pose a human health risk, however. The EPA explains that human risks are lower in areas where the groundwater is protected; biosolids are applied far from surface waters used as a fishing or drinking water source; and when biosolids are applied to grain, fuel, or fiber crops. Even still, the EPA cautions that the draft risk calculations do not include exposures to PFAS from other sources.

The preliminary findings mark the end of the Biden Administration’s efforts to address widespread PFAS contamination. It is unclear, however, whether the Trump Administration will finalize the draft assessment or take any action in response to it. For now, interested parties should provide comments on the draft assessment before March 17, 2025.

If you have any questions or concerns about PFAS, please contact our Water Law attorneys.