EPA Releases Draft Risk Assessment for PFOA and PFOS in Biosolids

Farella Braun + Martel LLP

On January 14, 2025, EPA released for public comment its Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS). This draft risk assessment evaluates potential human health risks associated with PFOA and PFOS in biosolids, also known as sewage sludge, and finds that there may be human health risks associated with exposure to these chemical via all three methods of use or disposal—namely, land application (i.e., use as fertilizer), surface disposal in landfills, and incineration. Importantly, the draft risk assessment is focused on a specific population—those living on or near sites impacted by these chemicals, such as farms or landfills, or those relying primarily on products from those sites, such as crops, animal products, or drinking water—and does not model risks to the general public. EPA’s press release also specifies that its analysis does not suggest that the general food supply is impacted by use of biosolids containing PFOA or PFOS.

This risk assessment is not independently enforceable and, once final, will inform EPA’s future actions to reduce risk from PFOA and PFOS in biosolids. Public comments on the draft risk assessment must be received by March 17, 2025.

EPA’s press release can be found here, and more information on the risk assessment can be found here. EPA’s Federal Register notice can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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