US environmental watchdog PEER files federal appeal to force EPA regulation of PFAS in agricultural biosolids

Overview

The US-based advocacy group Public Employees for Environmental Responsibility (PEER) has filed a federal appeal to compel the Environmental Protection Agency (EPA) to regulate per- and polyfluoroalkyl substances (PFAS) in sewage sludge, commonly known as biosolids, under the Clean Water Act. This legal action represents a significant escalation in the global push to address PFAS contamination in agricultural biosolids, a pathway that has received increasing regulatory attention in Australia.

The appeal targets the EPA’s failure to update sewage sludge regulations since 1993, despite mounting scientific evidence that PFAS compounds in biosolids applied to agricultural land can contaminate soils, leach into groundwater, bioaccumulate in crops and livestock, and ultimately enter the human food chain. The outcome of this case could set an international precedent that influences regulatory approaches in Australia and other jurisdictions.

Key details

The federal appeal relies on a specific provision of the Clean Water Act (Section 405(d)(2)(C)) that requires the EPA to conduct biennial reviews of sewage sludge regulations and revise them as necessary to protect public health and the environment. PEER argues that the agency’s failure to update these standards for over three decades, despite the emergence of PFAS as a contaminant of significant concern, constitutes a violation of its statutory obligations.

The technical challenge of regulating PFAS in biosolids is substantial. Key issues include:

• Analytical complexity: PFAS encompasses thousands of individual compounds, and standard analytical methods (such as EPA Method 533 and 537.1) only capture a fraction of the total PFAS load. Emerging techniques such as total oxidisable precursor (TOP) assays and total organic fluorine (TOF) analysis are providing a more complete picture of contamination
• Source diversity: PFAS enters wastewater treatment plants from industrial discharges, household products, stormwater infiltration, and landfill leachate, making source control exceptionally difficult
• Persistence in soils: PFAS compounds do not break down under normal environmental conditions. Once applied to agricultural land via biosolids, they persist indefinitely and can accumulate over successive application cycles
• Leachability: Short-chain PFAS compounds are particularly mobile in soil profiles and can readily leach to underlying groundwater systems

The litigation highlights the growing tension between the beneficial reuse of biosolids as a soil amendment and the risk of widespread environmental contamination through this pathway.

Australian context

Australia’s regulatory approach to PFAS in biosolids is evolving rapidly. The PFAS National Environmental Management Plan (NEMP) Version 3.0, released in 2024, introduced new risk-based criteria and testing frameworks specifically for the reuse of biosolids applied to land. The NEMP 3.0 moves well beyond basic total concentration testing, requiring more sophisticated assessment approaches.

Key Australian regulatory developments include:

• NSW EPA Biosolids Resource Recovery Orders: The NSW EPA is preparing to issue revised orders aligned with NEMP 3.0, which will impose stricter PFAS testing requirements on water utilities and biosolids processors
• State-based guidelines: Each Australian state and territory is progressively updating its biosolids management guidelines to incorporate PFAS screening and risk assessment requirements
• Water utility exposure: Major water utilities across Australia are assessing their PFAS exposure from trade waste inputs and evaluating pre-treatment options to reduce PFAS loads entering wastewater treatment plants

The Australian regulatory framework requires environmental consultants to prioritise comprehensive leachability testing and detailed source control assessments before approving any land application of biosolids. This includes evaluating the risk of PFAS bioaccumulation in crops and livestock, as well as protecting underlying groundwater aquifers from leachate migration.

Practical implications

Environmental professionals, water utilities, and landowners involved in biosolids management should consider the following actions:

• Audit current disposal pathways: Water utilities and biosolids processors should review their current land application programmes against the latest NEMP 3.0 guidelines, including updated PFAS screening criteria
• Implement leachability testing: Move beyond total concentration analysis to include leachability assessments (such as ASLP or column leach tests) that better predict the potential for PFAS migration to groundwater
• Assess landowner liability: Landowners accepting biosolids for agricultural application should verify compliance with current regulatory guidelines. Accepting materials without adequate PFAS verification exposes landowners to significant future remediation liabilities
• Review source control programmes: Water utilities should evaluate trade waste inputs to identify and manage significant PFAS sources entering their treatment systems
• Establish baseline soil and groundwater data: Properties with a history of biosolids application should establish baseline PFAS concentrations in soil and groundwater to inform future risk assessments and demonstrate pre-existing conditions

References and related sources

• PEER: Toxic sewage sludge fertilizer fight at the appeals court (18 March 2026)
• iEnvi LinkedIn discussion
• Australian Government PFAS information
• NSW EPA Resource Recovery Orders

How iEnvi can help

iEnvi provides specialist environmental consulting services for PFAS assessment, biosolids management, and contaminated land investigations. Our team can assist with:

• Contaminated land assessments including PFAS site investigations, soil and groundwater sampling programmes, and detailed risk assessments for sites with a history of biosolids application
• Remediation services for PFAS-impacted sites, including remediation options analysis, treatment system design, and long-term monitoring programmes
• Expert witness services for disputes involving PFAS contamination liability, biosolids management practices, and regulatory compliance

This is an iEnvi Machete news summary. Prepared by iEnvi to summarise the source article for contaminated land, groundwater, remediation, approvals and site risk professionals.

Need advice on this topic? Speak to an iEnvi expert at hello@ienvi.com.au or 1300 043 684, or contact us online.