A toxic threat lurks on an estimated 50+ million acres of US farmland that can leave the acreage unusable if its presence is confirmed at high enough levels. So-called “forever chemicals,” aka poly-fluoroalkyl substances (PFAS), have seeped into soils via contaminated water supplies as well as through direct applications of biosolid fertilizers that were loaded with the stuff. Now, the Environmental Protection Agency (EPA) is putting PFAS directly in its regulatory crosshairs, raising concerns about the impact on farmers who may unknowingly be operating on contaminated land. Some states have separately moved ahead of the EPA with regulations and cleanup efforts, creating a confusing maze for the agriculture industry to navigate. It’s a complicated and contentious issue and we’ve tried to cover as many important details as possible below. I encourage readers to use the links provided and learn more. Also, be sure to check with local agencies as there is a lot of legislation currently in the works.
What are PFAS Chemicals? PFAS are man-made chemicals used in industry and consumer products worldwide since the 1940s. The chemicals have been used to make hundreds of everyday products, including nonstick cookware, water-repellent clothing, stain-resistant fabrics and carpets, some cosmetics, some firefighting foams, and products that resist grease, water, and oil.
Why are PFAS Chemicals Considered Harmful? PFAS chemicals are persistent, which means they do not break down in the environment. They also bioaccumulate, meaning the amount builds up over time in the blood and organs of humans and animals, as well as the environment. Studies in animals who were exposed to PFAS have found links between the chemicals and increased cholesterol, changes in the body’s hormones and immune system, decreased fertility, and increased risk of certain cancers. EPA says that research is still ongoing to determine how different levels of exposure to different PFAS can lead to a variety of health effects. Research is also underway to better understand the health effects associated with low levels of exposure to PFAS over long periods of time, especially in children. For what it’s worth, the National Association of State Departments of Agriculture (NASDA) has identified PFAS as an “emerging risk” and a “major hazard” to American agriculture.
How Did US Farmland Get Contaminated with PFAS? Landfills and wastewater treatment plants are the two biggest indirect sources of PFAS pollution. In particular, biosolids from treated sewage is a popular and nutrient-rich fertilizer but can be highly contaminated. That’s because many persistent chemicals found in waste streams are not removed during the treatment process. A recent study of a 2001 EPA sewage sludge survey found PFOS in sludge at an average of 403,000 parts per trillion (ppt) and PFOA at 34,000 ppt. These concentrations are thousands of times higher than the 4 ppt that triggers the cleanup of PFOS and PFOA in drinking water under a new EPA ruling. More recent testing shows similarly high concentrations in sewage sludge.
Some properties face PFAS contamination from outside sources, including those near airports, wastewater treatment facilities, firefighting training grounds, and manufacturing facilities where PFAS-containing materials may have been used and produced and passed through as a waste stream. The chemicals then leech into groundwater and other water sources. The U.S. Geological Survey reports that at least 45% of the nation’s tap water is contaminated with PFAS chemicals. This estimate includes water coming from both private wells and public water utilities. Meaning farmers that irrigate could be unknowingly contaminating their fields. Livestock may be exposed to contaminated water as well, which can make their products unsaleable in some states. Livestock’s exposure to the chemicals over time has allegedly led to illness and death of animals on many farms, though claims have been extremely hard to prove legally.
What are the Regulatory Standards for PFAS? There are nearly 15,000 unique PFAS chemicals, which makes it challenging to study and assess the potential risks. The most commonly studied PFAS are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). PFOA and PFOS have been phased out of production and use in the U.S., though they are still permitted in items imported to this country. Thousands of other PFAS chemicals are still allowed to be used in the U.S.
At the national level, PFAS have been classified by the EPA as an “emerging contaminant on the national landscape.” EPA acknowledges that scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals. However, the agency says it still does not fully understand how harmful PFAS are to people and the environment. Nor does the agency know how to remove PFAS from drinking water or manage and dispose of the chemicals.
In April 2024, the EPA enacted the first legally-enforceable limits for levels of six PFAS in drinking water, mandating their reduction to near zero levels. It also finalized a rule designating PFOS and PFOA as “hazardous substances.” The agency is conducting a risk assessment to evaluate PFOS and PFOA in biosolids, which it plans to publish by the end of 2024, at which time it is also expected to release PFAS guidelines. About 60% of sewage sludge produced annually by US wastewater treatment plants is spread on farm fields, according to the EPA, and there are currently no national requirements to test sewage sludge for PFAS.
How Will New EPA Rules Impact Farmers? When the EPA announced that PFOS and PFOA would be classified as hazardous substances, the agency included a memo saying it would not enforce the rule on farms where biosolids are applied to the land. Additionally, private wells are not regulated by the federal government, so they are not subject to EPA’s new rule limiting PFAS in drinking water. Testing is up to the well owner but so is the cost. In Washington, some US lawmakers are pushing for a federal relief program for farmers impacted by PFAS contamination. A handful of states have implemented programs to help private well owners cover treatment costs or connect to public water systems. It’s worth noting that the EPA is facing several lawsuits brought by farmers that claim the agency’s inaction on regulating the toxic chemicals has damaged their properties, health, and livelihoods.
State Legislative Patchwork: States were given the power to monitor for and regulate levels of PFAS chemicals via a 2022 EPA program, the “National Pollutant Discharge Elimination System” (NPDES). States such as Maine, Michigan, and Colorado have implemented regulations that require wastewater systems to assess the levels of contamination and control the entry of PFAS pollutants from major industrial sources into the wastewater system. Only Maine has a ban on land application of biosolids, with the exception of septage (sewage from septic systems). Michigan has also established PFAS limits for biosolids used in land applications. In addition, New Hampshire, Massachusetts, and Michigan each have some level of required monitoring for PFAS in biosolids. A 2022 survey found that nine states (Arizona, Colorado, Massachusetts, Michigan, Minnesota, New Hampshire, North Carolina, Tennessee, and Texas) have local municipalities that have established measures to regulate or ban biosolids disposal or land application. Lawmakers in numerous other states are also considering legislation to regulate PFAS chemicals. To learn more about federal, state, and local legislation and regulations about PFAS, see Northeastern University’s PFAS Governance Tracker.
What is Being Done to Compensate Farmers: As for programs that compensate farmers for losses due to PFAS contamination, dairy producers are the only ones eligible to receive a payment at the national level, available through the Dairy Indemnity Payment Program (DIPP) to address permanent milk contaminations. USDA’s Natural Resources Conservation Service (NRCS) offers financial assistance for sample collection and laboratory analysis to provide information to producers to determine if PFAS might be present in soil or water on their agricultural operation. You can learn more about those HERE. The US Senate version of the new Farm Bill includes a PFAS farmer safety net but who knows if or when that makes it into law. At the state level, as far as I can tell, Maine is the only one that has so far passed legislation to provide financial assistance to farmers whose land is contaminated.
