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

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.”

The farm families planning to sue EPA filed a lawsuit earlier this week against Synagro, a major biosolids company, after PFAS contamination linked to Synagro’s fertilizer damaged their health, sickened and killed their animals, and destroyed their property values. In recent years, other farmers in Michigan, Maine, and New Mexico have lost their livelihoods to PFAS, a class of thousands of so-called “forever chemicals” that persist in the environment.

But the problem might be much more widespread. Almost 20 million acres of US cropland are fertilized with sewage sludge, which is often contaminated with PFAS, according to a 2022 estimate by the Environmental Working Group. The Sierra Club and the Ecology Center of Michigan tested nine biosolids-based fertilizers used by home gardeners, finding PFAS in all of them. When PFAS enter the environment through biosolids, the toxic chemicals leach into the soil and water and are absorbed by plants.

“It is likely that many farms that have used biosolids as fertilizer, and those farms adjacent to other lands where biosolids have been land applied, are highly contaminated,” wrote Whitehouse in the notice of intent to sue. “The continued use of PFAS-laden biosolids is therefore impacting our food supply.”

The EPA did not respond to request for comment. The agency is committed to “protecting public health, support[ing] our nation’s farmers, and work[ing] to ensure the availability of appropriate methods to manage biosolids,” it says on its website.

The EPA is currently conducting a risk assessment for two PFAS chemicals in biosolids, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), which it expects to complete by December. The EPA has also worked with state environmental and agricultural agency leaders to develop a set of principles for addressing PFAS in biosolids, which include keeping the food supply safe and supporting impacted farmers and ranchers.

(Featured image by Timothy Eberly on Unsplash.)