Dive Brief:

• The New York Department of Environmental Conservation is proposing a policy that would require soil products like compost that incorporate biosolids to begin testing for PFAS. The proposal, announced Thursday, is part of the state's newly expanded approach to per- and polyfluoroalkyl substances.
• DEC also finalized technical and operational guidance for publicly owned wastewater treatment plants, expanding data collection and programs designed to identify and remediate upstream sources of PFAS.
• New York, like other Northeast states, is contending with widespread contamination from PFAS chemicals on rural land, in part from the spreading of sludge on agricultural land as fertilizer. The state had anticipated federal regulation in previous PFAS-related rules, but is now moving ahead with its own policies.

Dive Insight:

Concerns over the potential for sewage sludge, also known as biosolids, to contaminate farmland through the transmission of PFAS chemicals have grown over the last decade, leading to new studies and regulations.

A draft risk assessment of PFAS in biosolids released by the U.S. EPA in January found that concentrations as low as one part per billion could be enough to impact the health of farmers who spread the material, though the agency did not find that the same level of risk applied to consumers of such farms' products.

New York joins a growing list of states implementing policies to identify and mitigate sources of PFAS chemicals into the wider environment. In particular, New York is modeling its proposed policy after Michigan's industrial pretreatment program, which traces back contaminated water upstream of treatment plants and attempts to reduce releases of PFAS chemicals at the source.

The most recent data on biosolids disposal in New York state comes from 2015. At that time, there were 612 publicly owned water treatment facilities producing 375,000 dry tons of biosolids annually. About 68% of that material was landfilled, while 16% was beneficially reused through direct land application, composting or other similar methods. A further 16% of biosolids were incinerated.

State policy finalized in 2023 requires wastewater treatment facilities to sample their biosolids for PFOS and PFOA, the two most commonly regulated PFAS compounds. If those facilities find concentrations greater than 50 parts per billion, they are prohibited from recycling the biosolids until the concentration falls below 20 ppb.

The policy was adopted when the Biden administration was following its PFAS roadmap, which included plans for additional regulations. But the federal government under the Trump administration has not created restrictions on PFAS in biosolids so far, and has continued the Biden administration’s policy of defending its right not to do so in court.

DEC’s newly circulated policy would build on previous state requirements and apply to composters and other organics recycling facilities that incorporate both in-state and out-of-state biosolids into their soil products. Depending on the amount of product applicable facilities generate, they would need to conduct a sample up to four times per year and submit data on the PFAS found to DEC. The agency would then publish the data. The draft policy does not include any restrictions or enforcement provision tied to levels of PFAS in the products.

DEC Commissioner Amanda Lefton said in a statement Thursday that the new policies and data they generate would inform additional steps to prevent PFAS exposure and protect public health, though the state did not disclose those steps.

“DEC is forging a cleaner path forward by prioritizing the removal and prevention of the many forms of PFAS pollution to help create healthier ecosystems and communities,” Lefton said.

In addition to finalized guidance for public water facilities, the state is proposing another policy guiding the provision of clean water when private water supplies are contaminated. Such policy would build on the state’s Superfund Program and a new pilot program that provides financial assistance to well owners dealing with emerging contaminants like PFAS.

Comments on the draft soil products policy are due Jan. 9. Comments on the draft assistance policy for private water supplies are due Feb. 10.