by David Flores
Last summer, the Virginia Department of Environmental Quality (DEQ) approved the expansion of land applications of sewage sludge (marketed as “biosolids”) in Frederick County, on farm fields in the vicinity of Winchester and within the Potomac and Shenandoah watersheds. On its face, that may seem innocuous, even desirable, from an agronomics perspective – more fertilizer, going on more acreage, producing more crops and contributing to the Commonwealth’s esteemed agricultural economy. However, the truth of the matter is that state environmental regulators are in the process of approving the expansion of this waste disposal practice throughout the state on behalf of the Nation’s largest land-applier of sludge, Synagro. This, while refusing to address the potential for PFAS contamination of these land-applied wastes to harm our farmlands, waterways, and food webs.
Sewage sludge is the residual solid waste produced by wastewater treatment plants that collect wastewater from industrial, commercial, and residential sources; while biosolids is the term used to market the partially treated sludge that is applied as a fertilizer. In Virginia, land applications of sewage sludge (or biosolids) are governed by the federal Clean Water Act and the Virginia Pollution Abatement permitting program. Virginia’s environmental regulators have independent state legal authority to regulate PFAS in sewage sludge applications, even if the EPA fails to act, yet they refuse to even require permit-holders, like Synagro, to even sample and disclose PFAS in their sludge fertilizers. Yet, DEQ has approved land application of sewage sludge from certain wastewater treatment plants known to produce PFAS-contaminated sewage sludge.
Check out this informative webinar “PFAS, Sewage Sludge, & Farmlands” featuring Betsy Nicholas, our VP of Programs & Litigation.
In a new analysis of PFAS data from Maryland wastewater treatment plants (all approved by DEQ as sources of sludge for application to Virginia’s farmlands), we found that all the plants were contaminated by PFAS. Of those plants with biosolids sampled, all were shown to have significant contamination by multiple forms of these persistent and toxic so-called “Forever Chemicals.” Indeed, the data demonstrate a range of biosolids contamination by PFOS of 2,110 to 30,200 parts per trillion (ppt) (mean value of 12,452 ppt), and a range of PFOA contamination of 0 to 9,780 ppt (mean value of 3,652 ppt) among the DEQ-approved plants. By comparison, the EPA has finalized enforceable drinking water limits for both PFOS and PFOA of 4 ppt, and the agency recently recommended legal limits for PFOS and PFOA contamination of 250 and 100,000 ppt, respectively, which are designed to protect fish from contamination of freshwater rivers and streams.
The Youngkin administration and Virginia’s environmental regulators must act now to address the threat that land-applied sludge poses to the health and safety of our land, water, agricultural economy, and ourselves. State regulators can start by requiring the disclosure of PFAS contamination in land-applied biosolids and by incorporating sampling requirements in state permits. They should also take immediate action on a case-by-case basis to limit certain permitted land applications of PFAS-contaminated biosolids and, like Maryland, also issue guidance to landowners and permitholders on whether or how to apply biosolids contaminated by PFAS.
Virginians, especially members of the Commonwealth’s agricultural and aquacultural industries, should learn more and share their concerns directly with state regulators by attending public meetings and submitting written comments on sludge application permits for operations impacting their communities.
