biosolids

September 11, 2024

EPA denies duty to regulate PFAS in sewage sludge spread on farmland

By Shannon Kelleher

US regulators claim they are not legally required to regulate toxic PFAS chemicals in sewage sludge spread on farmland across the country, according to a court filing the government made this week in response to a lawsuit from an environmental watchdog group.

In its Sept. 9 filing, the Environmental Protection Agency (EPA) asked the US District Court in Washington, DC to dismiss the lawsuit, which was filed in June by Public Employees for Environmental Responsibility (PEER) on behalf of a group of Texas farmers and ranchers. The lawsuit claims contamination with per- and polyfluoroalkyl substances (PFAS) from sewage sludge has sickened and killed the farmers’ livestock, “injured their health, threatened their livelihoods, and devalued their property.”

The agency denied PEER’s claims that it is violating the Clean Water Act by failing to identify and regulate several types of PFAS that have been found in treated sewage sludge used as fertilizer. While the law requires the agency to conduct reviews, there is no requirement for the agency to actually identify “additional toxic pollutants,” the EPA said in its filing.

When it comes to sewage sludge, “both the identification and regulation of any additional toxic pollutants(s) are left to the discretion of EPA,” the agency stated in the court filing.

“The relief they seek— an order directing EPA to identify PFAS in its next biennial report, and to regulate PFAS thereafter—is simply not available,” the EPA stated.

PEER attorney Laura Dumais said in a press release that the agency’s position “flies in the face” of the language of the Clean Water Act, and harms people across the country who can be exposed to “PFAS-laden sewage sludge on millions of acres of land…”

June 7, 2024

EPA enabled widespread contamination of farmland from PFAS in fertilizer, lawsuit alleges

By Shannon Kelleher

US regulators failed to prevent toxic PFAS in fertilizers from contaminating farmland across the country, alleges a lawsuit filed this week by a watchdog group on behalf of two Texas farm families who suffered health problems after their properties were polluted.

The Environmental Protection Agency (EPA) violated the Clean Water Act by failing to identify at least 18 per- and polyfluoroalkyl substances (PFAS) in treated sewage sludge spread on farmland even though scientific evidence suggests the chemicals are present in the sludge, according to the complaint filed June 6 in the US District Court for the District of Columbia by the nonprofit Public Employees for Environmental Responsibility (PEER).

The EPA also neglected to develop regulations restricting several other PFAS chemicals the agency has previously recognized exist in sewage sludge, according to the complaint. As a result of its inaction, the EPA has enabled “millions of acres” of land to become contaminated with PFAS-laced sewage sludge, exposing many communities to the harmful chemicals, the lawsuit alleges.

“PFAS poisoning of farmlands is fast becoming a national agricultural emergency,” PEER attorney Laura Dumais said in a press release. “EPA needs to act immediately to protect farmers and our food supply from this toxic mess.”

The EPA declined to comment.

PFAS are a class of nearly 15,000 human-made chemicals that have been linked to many health problems, including certain cancers and reproductive issues. These highly persistent so-called “forever chemicals” have been used for decades in consumer products, including non-stick cookware, food packaging, and industrial products, and are widely present in the environment.

March 11, 2024

Farmers facing PFAS pollution struggle for solutions

By Shannon Kelleher

When Jim Buckle and his wife, Hannah Hamilton, started their 18-acre organic vegetable farm in Unity, Maine more than a decade ago, they wanted to grow the healthiest food possible. But after a wholesale buyer asked them to test their operation for toxic chemicals called per- and polyfluoroalkyl substances (PFAS) in 2022, the couple was in for a shock.

The soil tests came back clean, as the couple expected. But Buckle’s heart sank when the results arrived for the well water they used to wash and irrigate their vegetables. Through no fault of their own, the farm Buckle and Hamilton had carefully cultivated for nearly a decade was contaminated with PFAS-laced sewage sludge that had been used as fertilizer on land nearby years earlier.

Faced with evidence that their harvests were also likely contaminated with potentially hazardous PFAS toxins, he and Hamilton made the decision to close down their farming operations, at least temporarily, as they wrestled with how they might clean up their farm and protect it from future contamination.

“We said, ‘wow, this is crazy. We actually have this problem,’” Buckle said.

About a year earlier, first-generation organic farmers Katia Holmes and her husband faced a similar crisis on their 700-acre Misty Brook Farm in Albion, Maine, where they raise livestock and grow grains. In their case, the well water was fine, said Holmes. But testing of their cows’ milk – and the hay they bought from a neighbor to feed the cows – came back with elevated levels of PFAS.

Further testing revealed that a previous owner of the Holmes’ land had spread sewer sludge on certain fields 20 years ago, leaving behind PFAS in the soil.

“We called all the stores and pulled all our products,” said Holmes.

Buckle’s and Holmes’ stories are, sadly, becoming more common.

February 22, 2024

Texas farmers, watchdog group demand EPA act on PFAS in farm fertilizer

By Shannon Kelleher

In the wake of fresh evidence that US farms are being poisoned by PFAS-laden fertilizers, a watchdog group and two Texas farm families said Thursday they plan to sue regulators to try to force protective actions.

The Environmental Protection Agency (EPA) has violated the Clean Water Act by failing to regulate at least 12 per- and polyfluoroalkyl substances (PFAS) in treated sewage sludge (biosolids) applied to agricultural lands, allege Public Employees for Environmental Responsibility (PEER) and the farmers in a notice of intent to sue sent Feb. 22 to EPA Administrator Michael Regan. Studies have linked these particular PFAS chemicals to asthma, disrupted thyroid hormones, immune suppression, kidney problems, lung issues in children, and other health effects, the letter says.

The agency has also unlawfully failed to include in its regular biosolids reports at least 18 additional PFAS chemicals that scientific studies indicate are present in biosolids, PEER and the farmers allege.

PEER and the farmers will sue the EPA within 60 days if the agency does not take immediate action, said PEER executive director Timothy Whitehouse in the notice of intent to sue.

“EPA has deemed it acceptable for biosolids containing PFAS and other known toxic chemicals to be applied directly to soil as fertilizer, where these man-made contaminants then build up in the environment, exacerbating the PFAS contamination crisis,” wrote Whitehouse. “This is not protective of human health or the environment.”

“Because there are no standards, farmers, ranchers, and gardeners have no warning that they are potentially poisoning their soil, water, livestock, and pets with these biosolid fertilizer products,” Kyla Bennett, director of science policy for PEER, said in a press release. “Prompt, responsible regulatory action by EPA would prevent untold damage and heartache.”

February 20, 2024

Dead livestock and poisoned water — Texas farmers sue over PFAS contamination

By Shannon Kelleher

Two Texas farm families have seen their health decline, their pets and livestock sickened and killed, their water poisoned and and their property values wiped out due to high levels of chemical contamination linked to a company marketing treated sewage sludge as a fertilizer and soil conditioner, according to a lawsuit filed by the families.

The lawsuit alleges the plaintiffs’ farms, located near Fort Worth, were “poisoned by toxic chemicals” after a neighboring farmer took shipment of “smoking” piles of biosolids that contained hazardous per- and polyfluoroalkl substances (PFAS) in late 2022.

The PFAS-laced fertilizer was allegedly made by Synagro of Texas-CDR Inc., using semi-solid treated waste obtained from wastewater facilities. The waste, referred to as biosolids, has been promoted as an effective means for turning sewage into useful agricultural applications that can boost crop yields.

The biosolids are supposed to be treated to remove toxins, but PFAS chemicals are difficult – if not impossible – to break down, and are known to persist in the environment. Sometimes called “forever chemicals,” several types of PFAS are known to be hazardous to human health, including some linked to cancers.

Synagro is one of the largest in the biosolids industry, and knew, or should have known, that its biosolid products contained PFAS, according to the lawsuit, which was filed last week in Maryland, where Synagro is headquartered.

Synagro did not respond to a request for comment. On its website, the company calls itself a “partner for a cleaner, greener world” and says it works to “protect the health of the water, our Earth and those who depend on them now and for the future.”

June 1, 2023

New York fails to protect farmland from PFAS in sewage sludge, report finds

By Shannon Kelleher

Highlighting a practice that compromises farmland nationwide, a new report finds that sewage sludge spread as fertilizer on New York state fields contains toxic chemicals that sicken farmers, contaminate crops, and threaten consumer health. The report, published today by the Sierra Club Atlantic Chapter, suggests that the state’s Department of Environmental Conservation (DEC) has failed to take measures to prevent these dangerous per- and polyfluoroalkyl substances (PFAS) from entering the environment through the practice and urges the state to put a stop to it.

“What we are talking about here is the active permitting…of PFAS-contaminated sewer sludge being spread over farmland to create food that we then consume,” said New York state assemblymember Anna Kelles today in a briefing about the report. “It’s literally creating a mechanism to get PFAS to bioaccumulate in human tissue.”

Kelles is working with Senator Rachel May to pass a bill that would require wastewater treatment plants to test effluent for PFAS contamination.

PFAS chemicals are associated with serious health conditions including cancers, thyroid disease, liver damage, and harm to pregnant women and babies. These so-called “forever chemicals” take hundreds of years to break down in the environment and are harmful even in tiny concentrations.
“We’re taking an enormous risk when we spread sludge on farmland,” said Adam Nordell, an organic farmer in Maine. Nordell was forced to learn about the risk firsthand the winter before last, when he and his wife discovered PFAS in their well water at levels 400 times higher than Maine’s interim drinking water standard.

“Our farm had been managed organically for seven years under our management and previously under organic practices for 25 years,” said Nordell in the briefing. “But a prior generation in the early 1990s spread the land with sludge from two wastewater districts for a total of four years.”

A test last spring revealed PFAS levels in Nordell’s blood serum at a staggering 3,500 parts per billion. People with blood serum levels totaling as little as two parts per billion from seven combined PFAS are at risk for adverse effects, according to a 2022 report from the National Academies of Sciences, Engineering, and Medicine.

The problem of PFAS in sewage sludge used to fertilize agricultural fields extends far beyond the Northeast, said Laura Orlando, a senior science advisor with Just Zero, a nonprofit focused on equitable waste solutions.

June 6, 2022

As farmers struggle with PFAS ‘forever chemicals,’ Maine races for solutions

For the past 18 years, Maine farmer Bill Pluecker has worked long hours tending to his family’s organic vegetable farm, growing crops he sells directly to consumers through a community agricultural program.

Working on the farm is a job that Pluecker juggles with his elected position as a state lawmaker, and the combination of roles gives Pluecker particular insight into a devastatingly broad environmental contamination problem farmers are facing throughout Maine, and around the United States.

The problem is PFAS. Often referred to as “forever chemicals” because they do not break down and can persist indefinitely, per- and polyfluoroalkyl substances (PFAS) have become recognized as a significant health and environmental threat with long tenacles. Researchers have found PFAS contaminating water, soil, food, and even the bodies of humans and animals around the world.

Widely used in consumer goods and industry since the 1940s, PFAS include more than 9,000 synthetic chemicals that build up in living tissue and can endanger health.

“It’s overwhelming; it’s in our products, in our bodies, in our food system,” said Pluecker, who is grateful that his own farm appears not to be contaminated with the PFAS he calls “poison.”