Evolving State Regulation of Biosolids Recycling in the PFAS Era
In the last days of the Biden administration in January 2025, the United States Environmental Protection Agency (EPA) published its Draft Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) (Draft Risk Assessment), leaving state regulators, the public, municipalities, and biosolids recycling companies to figure out the practical implications of EPA’s draft conclusions. Central to some of the confusion and misinformation stemming from the Draft Risk Assessment has been EPA’s conclusion that biosolids containing PFOA and PFOS at a low concentration of one parts per billion (ppb) may exceed EPA’s extremely protective criteria for remote health risks under implausible, unrealistic long-term exposure scenarios. Though EPA acknowledged that these long-term exposure scenarios are largely inapplicable to the vast majority of the population—acknowledging that the Draft Risk Assessment “does not model risk for the general public,” confusion ensued, prompting some state regulators to pursue new regulations, particularly for PFOA and PFOS levels in land-applied biosolids.
Over 25,000 individuals and organizations submitted comments on the Draft Risk Assessment, with many pointing out the widespread misunderstanding of EPA’s use of the one ppb figure and the major errors in the Draft, correctly predicting possible state and local government misinterpretation of the one ppb figure. EPA also has recognized the problem and indicated that interim guidance, sought by biosolids generators and contractors, is forthcoming.
In the absence of clear federal guidance on PFOA and PFOS in biosolids, state and local government activity since the release of the Draft Risk Assessment in early 2025 has increased, with state agencies, legislatures, and local governments taking steps to further regulate PFOA and PFOS in biosolids. At least 10 states have introduced or passed legislation on PFAS in biosolids, and this doesn’t include state environmental agencies that have adopted, or proposed, regulatory changes. Efforts at regulation and legislation at the state and local levels have begun to create an increasingly complex and fragmented compliance environment. This may change, however, with EPA’s release of interim guidance on PFAS in biosolids, which is expected soon.
Though interim guidance will help clarify EPA’s position on PFAS in biosolids, the patchwork of varied state approaches remains. To date, states that have chosen to act on PFAS in biosolids tend to fall into one of two camps: banning land application of biosolids in its entirety, or imposing further regulation on its beneficial reuse.
States Are Increasingly Adopting the “Michigan Model”
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) was an early mover in state regulation of PFAS in biosolids. In 2021, EGLE implemented its first-of-its-kind Land Application of Biosolids Containing PFAS Interim Strategy (the Michigan Model). The Michigan Model regulates the land application of biosolids containing certain concentrations of PFOA and PFOS—by implementing a tiered testing and application process, with higher concentrations resulting in additional restrictions. All tested biosolids are categorized into thresholds based on PFOS or PFOA concentrations per kilogram. EGLE updated the Method most recently in 2024.
Critically, the Michigan Model does not adopt the much-criticized ultra-low levels of PFAS in biosolids identified by the Draft Risk Assessment as potential risks. Under the framework, biosolids with PFOS or PFOA concentrations ≥ 100 ppb are considered “industrially impacted” and cannot be land applied. Wastewater treatment plants (WWTPs) that are the source of such biosolids must implement a source reduction plan, including an investigation of potential sources of PFOS and/or PFOA to the sanitary wastewater and resulting biosolids. Biosolids with PFOS or PFOA concentrations at or above 20 ppb, but below 100 ppb, are deemed “elevated” and can be land applied, but at a reduced application rate, with additional testing and source reduction requirements. Only biosolids with combined concentrations of PFOS and PFOA below 20 ppb may be land applied freely without additional requirements. Only biosolids with combined concentrations below 20 ppb are eligible to obtain and maintain an Exceptional Quality designation.
The concentration levels for each tier are based on EGLE’s Industrial Wastewater Program PFAS Initiative Study, which EGLE launched in 2018 to help identify and systematically reduce and eliminate PFAS sources entering wastewater collection systems. EGLE initially evaluated PFAS levels in influent, effluent, and biosolids from 95 municipal wastewater treatment plants, with the study growing to 173 facilities in 2024. PFOA and PFOS concentrations have steadily decreased throughout the study.
Since its inception, at least six states have adopted the Michigan Model, including, most recently, Maryland and Virginia. Under both states’ approaches, biosolids containing 50 or more ppb of PFOA, PFOS, or a combination thereof cannot be land applied.
Maryland
Signed into law on April 28, 2026, Maryland’s S.B. 719 prohibits land application of biosolids with a concentration of PFOA, PFOS, or a combination thereof equal to or greater than 50 ppb on or after October 1, 2028. Biosolids with concentrations equal to or greater than 25 ppb but less than 50 ppb of PFOA, PFOS, or a combination thereof may be land applied with additional restrictions, including at a rate at not over three dry metric tons per acre and subject to Class B biosolids setback requirements, and providing information on the biosolids to certain individuals, including the owner of the land and parcel and the local government. The legislation does not prescribe additional restrictions for the land application of biosolids with PFOA and PFOS concentrations below 25 ppb. Facilities may blend biosolids from different treatment works to reduce combined PFOA and PFOS concentrations below 25 ppb.
Notably, these statutory thresholds do not align with the Maryland Department of the Environment’s (MDE) recommended concentrations based on “comprehensive data from in-state and out-of-state biosolids sources,” originally published in August 2024. MDE had published a four-tiered system that recommended stopping land application of biosolids with a total concentration of PFOS or PFOA at 100 ppb or above, reducing the application rate to a maximum of 1.5 dry tons per acre for biosolids with 50 but less than 100 ppb of PFOS or PFOA and three dry tons per acre for biosolids with 20 but less than 50 ppb of PFOS and PFOA, and allowing unrestricted land application of biosolids with less than 20 ppb of PFOS and less than 20 ppb of PFOA.
Virginia
Virginia’s legislation, which was signed into law in April 2026, requires that, starting on January 1, 2027, any sewage treatment works that land applies, markets, or distributes biosolids in Virginia must collect representative samples. Starting in July 2027, biosolids containing a PFOS or PFOA annual average concentration equal to or greater than 50 ppb, as calculated on a rolling 12-month basis, cannot be land applied, marketed, or distributed. Instead, the owner must find an alternative treatment, use, or disposal until the 12-month average demonstrates concentrations below 50 ppb.
Biosolids with PFOS or PFOA concentrations equal to or greater than 25 ppb but less than 50 ppb trigger reduced application rates or the implementation of alternative risk management strategies. Biosolids with a combined PFOS and PFOA concentration less than 25 ppb can be land applied, marketed, or distributed in accordance with the applicable permit without additional requirements.
After July 1, 2029, the tiered system will apply to combined concentrations of PFOS and PFOA across all three tiers, rather than individual constituent concentrations. As with Maryland, Virginia also permits blending to achieve compliant concentrations.
New York
In 2026, the New York Assembly and Senate respectively proposed a slew of biosolids-related legislation. This included Senate bills (S5759 and S9115) and Assembly bills (A6192 and A10138), which, if enacted, would establish a five-year moratorium on the land application of biosolids, as well as on the issuance, renewal, or amendment of permits for biosolids, compost material, or any other fertilizer products. Although these Bills have not moved out of committee and are unlikely to before the session ends in June 2026, it is likely that similar bills will be introduced in the next legislative session.
In the meantime, the New York State Department of Environmental Conservation (NYSDEC) has continued to manage biosolids under existing authority, including under its interim PFOA and PFOS concentrations established in 2023 in DMM Program Policy 7 (DMM-7). DMM-7 adopts a tiered scheme that prohibits land application of biosolids containing 50 or more ppb of PFOA or PFOS, requires additional sampling and possible land application restrictions for biosolids containing less than 50 but more than 20 ppb of PFOA or PFOS, and places no additional restrictions for land application of biosolids with 20 or less ppb of PFOA or PFOS.
NYSDEC has since taken additional steps beyond this, including issuing draft guidance which would require all NYSDEC permitted composting and organics recycling facilities as well as facilities authorized to distribute biosolids and similar products from out-of-state sources to sample biosolids for PFAS compounds, with the sampling results to be published by NYSDEC.
Pennsylvania
In January 2026, the Pennsylvania Department of Environmental Protection proposed changes to its Biosolids General Permit. The proposed revisions would adopt a tiered concentration framework for PFOA and PFOS, with land application of biosolids with 100 or more ppb PFOS or PFOA prohibited, reduced land application rates for biosolids with more than 20 ppb and less than 100 ppb of PFOS or PFOA, and unrestricted land application for biosolids with less than 20 ppb of PFOS and PFOA. Before proposing this tiered framework, Pennsylvania evaluated available information on PFAS and biosolids, other states’ approaches to biosolids and PFAS management, including those in and out of the mid-Atlantic region, the EPA’s draft risk assessment, and the Michigan Model.
The Maine Approach: Complete Ban
Another contingent of states is opting to pursue—or consider—complete bans on the land application of biosolids. In 2022, Maine became the first state to impose a complete land application ban, regardless of the presence or concentration of PFAS. Maine has experienced extreme challenges in biosolids management since then, with biosolids going to Canada and landfills for management, and costs for biosolids management soaring, with no clear environmental benefit.
To date, Connecticut is the only other state to follow Maine’s lead, enacting a moratorium on the sale or offer for sale of biosolids containing PFAS for use as a soil amendment.
A number of other states have considered, but ultimately not adopted, similar land application bans, in part due to successful industry advocacy and education regarding the importance of biosolids recycling and increasingly limited alternative management options for biosolids. Since January 2025, at least 6 states have introduced, but not passed, complete bans on land application of biosolids, including Arizona (HB 264), Massachusetts (S56/HB4853), New Hampshire (HB 1275), New York (A10138/S9115, A6192/S5759), Oklahoma (SB1799), and South Carolina (H5310).
Looking Ahead
EPA’s expected interim guidance on PFAS in biosolids may result in changes to this landscape but is expected to preserve biosolids recycling as a management tool. For now, however, states appear likely to continue to consider new biosolids regulations, requiring stakeholders to take an active role in the regulatory and legislative process.
Beveridge & Diamond’s robust Chemicals, Water, and Litigation practices have represented municipalities, contractors, trade associations, and farmers regarding biosolids issues since the firm’s founding in 1974. B&D helps companies and trade associations navigate the increasing regulation of PFAS and other chemicals. Our lawyers frequently assist in commenting on, and bringing legal challenges to, EPA rulemakings and risk assessments. For more information, please contact the authors.
