September 29, 2026
On July 1, 2026, the U.S. Environmental Protection Agency (EPA) released a Draft Guidance for Reducing Risk from PFOA and PFOS in Biosolids (Draft Guidance). The Draft Guidance represents the agency’s latest position on exposure risk from biosolids contaminated with perfluorooctanoic acid (PFOA) or perfluorooctane sulfonic acid (PFOS) and voluntary risk mitigation recommendations. The agency is accepting public comment on the Draft Guidance through October 5, 2026 (deadline extended from September 4, 2026).
Biosolids are sewage sludge—the semi-solid byproduct of wastewater treatment—treated to meet regulatory standards (40 CFR Part 503) and intended for use as a soil amendment or fertilizer. Sewage sludge is generally addressed in one of three ways: 1) land applied as a soil conditioner or fertilizer, 2) landfilled, or 3) incinerated. The Draft Guidance evaluates the potential for risk to human health from exposure to PFOA and PFOS from sewage sludge/biosolids that are land applied. Biosolids can be applied to forests, tree farms, turf farms, agricultural lands, golf courses, and other land types. They can also be sold for use on home lawns and gardens.
PFOA and PFOS are the two most studied compounds in the per- and polyfluoroalkyl substances (PFAS) class of compounds. Given their decades-long use in numerous products, environmental persistence, and negative health impacts, PFOA and PFOS have been the subject of greatest federal and state PFAS regulation.
On January 15, 2025, EPA published a risk assessment for sewage sludge contaminated with PFOA and PFOS (Risk Assessment). The Risk Assessment was the agency’s assessment at the time of the risk to those living on or near, or relying primarily on (e.g., consuming agricultural products from) sewage sludge sites. The Draft Guidance criticizes the Risk Assessment for lacking a national survey on the occurrence of PFOA and PFOS in sewage sludge, applying too high of a risk scenario, and suggesting too low a level at which the presence of PFOA or PFOS in sewage sludge may pose a health risk. EPA’s new position is that the overly conservative Risk Assessment caused public confusion and clarifies via the Draft Guidance that land application of biosolids remains “a viable option for treatment works and the agricultural community.”
The Draft Guidance summarizes actions certain states have taken to address land application of biosolids contaminated with PFOA and PFOS. These actions include requiring upstream treatment by industrial wastewater dischargers and setting restrictions, if not outright bans, on land application of biosolids. The Draft Guidance then provides recommendations for bulk land appliers, the general public, and wastewater treatment plants. The recommendations fall under the categories of research/data collection (e.g., source identification) and precautionary measures (e.g., not applying biosolids on land to which children may have access or which is used to grow crops most susceptible to PFOA/PFOS uptake).
EPA will consider public comments received on the Draft Guidance to determine future actions the agency will take regarding PFOA and PFOS in biosolids.