Committee hears PFAS concerns in biosolids and wastewater sludge after EPA draft; members seek agency guidance

Michael Grady, legislative counsel, told the House Committee on Agriculture, Food Resiliency & Forestry that the U.S. Environmental Protection Agency issued a draft document on PFAS in fertilizer and biosolids and said the committee should expect follow-up work on the issue.

“EPA yesterday issued a draft document regarding regulation of PFAS in fertilizer and specifically in biosolid fertilizer,” Grady said, describing biosolids as material processed from sewage that is sometimes land-applied to farm fields. He told members that many wastewater-treatment residuals contain PFAS, and that managing those residuals currently leaves three practical disposal options: land application, landfill disposal or incineration — each with limitations.

Grady described PFAS (per‑ and polyfluoroalkyl substances) as persistent compounds that do not readily break down. “It’s called a forever chemical,” he said. He noted concerns raised in other communities where contamination has been linked to adverse health outcomes and said EPA and the Biden administration are pursuing a wide “roadmap” to address PFAS in drinking water, soil and biosolids.

Committee members raised practical implications for Vermont farmers and waste-management systems: roughly 60% of the state is served by septic systems, Grady said, and municipal sludge and septage are part of the material streams that could contain PFAS. Members asked whether state treatment plants or pesticide containers are currently tested for PFAS; Grady said some state testing capacity has recently expanded. He reported that Director Achilles of the state environmental laboratory in Randolph said the lab can now test “up to the 553 level” for PFAS, and he identified Eamon Tuhigg at the Agency of Natural Resources as the current contact for land-application oversight.

Members discussed the consequences if PFAS were declared a hazardous substance for land use and noted cases in other states where contamination and public-health concerns have affected farmland values and community trust. Grady said the committee will likely ask agencies to return with proposals to limit sources of PFAS in the state and to clarify how state rules and exemptions will be interpreted once federal guidance evolves.

Ending: Committee members requested further briefings from the Agency of Natural Resources and the state laboratory to clarify where biosolids are currently being applied or transported, what testing capacity exists, and what options the state will pursue to reduce PFAS sources and impacts.