U.S. EPA Says it’s Not Obligated to Regulate PFAS-laden Sludge Applied to Land

September 17, 2024

Read the full article by Arlene Karidis (Waste 360)

"The EPA and PEER are in a legal dispute over whether the EPA is required to regulate PFAS in sewage sludge used as fertilizer, with PEER arguing that the Clean Water Act mandates regulation of these pollutants due to potential harm. Meanwhile, Texas farmers are suing Synagro, claiming its biosolid fertilizer contaminated their land with PFAS, with both cases highlighting concerns over the widespread presence of PFAS in agricultural environments and the EPA's handling of the issue.

The U.S. Environmental Protection Agency (EPA) and the Public Employees for Environmental Responsibility (PEER) are amid a legal scuffle over whether EPA is obligated to regulate PFAS in sewage sludge applied to land.

The agency argues it has no discretionary duty to take action—that Congress has left the decision to the EPA. In its lawsuit PEER states the Clean Water Act requires the agency to regulate these pollutants in sludge, based on data showing PFAS may be present in concentrations harmful to humans and the environment. Now a judge will decide whether litigation can proceed."