Prepared in the supplied September 2026 research pack. This draft has not been reverified in this pass. Rules, prices, company status, and numerical claims may need correction.
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Treated sewage sludge, known as biosolids, has been spread on farmland for years. The concern now is PFAS, the group of "forever chemicals" that can be present in that sludge. EPA's own draft risk assessment looked at how two of them could reach people through farm produce, milk, beef and well water.
In the last two years the US Environmental Protection Agency has released a draft risk assessment and then draft guidance on PFAS in biosolids. States have moved faster and further, and farms in Maine and Texas have become cautionary examples.
This post explains where federal policy stands as of September 2026, what states have done, how PFAS in biosolids connects to compost you might buy, and what practical steps you can take now, including commenting on EPA's draft guidance before the October 5, 2026 deadline.
Key takeaways
- On January 14, 2025, EPA released a draft risk assessment for PFOA and PFOS, two common PFAS, in sewage sludge. Comments closed August 14, 2025.
- On July 1, 2026, EPA released voluntary draft guidance for reducing PFOA and PFOS risk from biosolids. The comment deadline was extended to October 5, 2026.
- As of September 2026, there is no binding federal PFAS limit for biosolids.
- Maine banned land application of biosolids and biosolid-derived compost in April 2022, the first state to do so. Other states have taken narrower steps.
- Sewage sludge is prohibited in USDA certified organic production, and so is compost made with it.
- If you buy compost or lease land, ask direct questions about biosolids and keep written answers.
Where federal policy stands, as of September 2026
The 2025 draft risk assessment
On January 14, 2025, EPA published its Draft Sewage Sludge Risk Assessment for PFOA and PFOS. The comment period was extended (see the Federal Register notice of April 17, 2025) and closed August 14, 2025.
As reported in summaries of the draft, it found that farm and pasture land receiving biosolids with as little as 1 part per billion of PFOA or PFOS could exceed EPA's acceptable human health risk thresholds in some scenarios. The highest-risk scenario is a farm family that eats its own produce, milk or beef, or drinks contaminated well water. Read the draft itself for the exact scenarios and assumptions.
The July 2026 draft guidance
On July 1, 2026, EPA released Draft Guidance for Reducing Risk from PFOA and PFOS in Biosolids. Key points:
- It offers "voluntary recommendations for potential ways to mitigate risks."
- It is aimed at wastewater treatment plant operators, landowners, farmers, and state and Tribal agencies.
- The comment deadline was extended from September 4 to October 5, 2026.
- EPA says it is planning a National Sewage Sludge Survey for PFAS.
The full text is in the EPA guidance PDF, and the docket is listed in the Federal Register notice of July 6, 2026.
What "voluntary" means for you
Because the guidance is voluntary and there is no binding federal numeric limit, protection depends heavily on your state's rules and on the questions you ask. EPA's PFAS in Sewage Sludge page does not list numeric thresholds, so check the PDF for any screening values.
A federal lawsuit
A federal court dismissed a lawsuit that claimed EPA had failed to protect farmers from PFAS in sludge-based fertilizer, as Investigate Midwest and The New Lede reported in October 2025. The plaintiffs were reportedly Texas and Maine farmers. Whether an appeal is under way as of September 2026 is not confirmed.
Timeline at a glance
| Date | Event |
|---|---|
| April 2022 | Maine becomes the first state to ban land application of biosolids and biosolid-derived compost |
| January 14, 2025 | EPA releases draft PFOA/PFOS sewage sludge risk assessment |
| February 2025 | Texas A&M AgriLife reports lawsuits and a disaster declaration in Johnson County, Texas |
| August 14, 2025 | Comment period on the draft risk assessment closes |
| October 2025 | Federal court dismisses lawsuit against EPA over PFAS in sludge fertilizer |
| November 2025 | Reporting shows Maine sludge filling landfills after the ban |
| July 1, 2026 | EPA releases voluntary draft guidance on reducing PFOA/PFOS risk from biosolids |
| October 5, 2026 | Extended comment deadline on the draft guidance |
What states have done
Maine: the first ban
In April 2022 Maine became the first state to ban land application of biosolids and compost made from them, under LD 1911 (Safer States; NACWA). Maine reportedly also created a PFAS fund in 2022 and has found contamination on a number of farms; check the state's current figures.
The ban has trade-offs. Inside Climate News reported in November 2025 that sludge is now filling Maine's landfills.
Texas: Johnson County
Ranchers in Johnson County, Texas, reported livestock deaths and PFAS contamination linked to biosolids applied on neighboring land. The county issued a disaster declaration and lawsuits were filed against the biosolids company Synagro (Texas A&M AgriLife Texas Agriculture Law, February 24, 2025). Waste Dive reported that Synagro sought to dismiss a lawsuit, citing new research, and the Fort Worth Report covered a lawmaker's push for limits in May 2025. Where the cases stand as of September 2026 is not confirmed.
Other states
According to Waste Dive, Michigan set interim PFOS limits for biosolids in 2021 and restricts land application of sludge from industrially affected plants. Several other states are reported to have bans, screening or testing requirements, but we have not confirmed the details. Rules are changing quickly, so check with your state environmental or agriculture agency.
Compost, organic certification and PFAS
Biosolids are off-limits in organic
Sewage sludge is prohibited in USDA certified organic production. That means compost made with biosolids is also off-limits, and so are some municipal composts that mix in biosolids. If you are certified or in transition, applying the wrong compost can put land out of compliance, so always check with your certifier before using any off-farm compost.
Not every compost is a biosolids product
Many composts are made from yard waste, food scraps or manure. The point is not to avoid compost but to know what went into it.
A checklist for farmers and landowners
Buying compost or soil amendments:
- Ask in writing: does this product contain biosolids or sewage sludge in any amount?
- Ask for the full list of feedstocks and any lab testing the producer has done.
- If you farm organically, confirm with your certifier before applying.
- Keep invoices, labels and supplier answers in your records.
Your land and your neighbors:
- Find out whether biosolids have ever been applied on land you own, rent or plan to buy.
- Put biosolids restrictions into leases if you don't want them applied.
- Ask your state agency whether land-application records are public in your area.
- If biosolids were applied nearby and you use well water, ask your state health or environmental agency about testing options.
Livestock and home-raised food:
- Note that the highest-risk scenario in EPA's draft involves families eating their own produce, milk or beef.
- If you suspect contamination, contact your state agriculture department before selling products.
How to comment on EPA's draft guidance
Farmers and landowners are named audiences for the guidance, so your experience is relevant.
- Read the draft guidance PDF.
- Find the docket through the Federal Register notice.
- Describe your farm type and how biosolids decisions affect you.
- Be specific about what would help: clearer recommendations, testing, notice to neighbors, or anything else from your experience.
- Submit before October 5, 2026.
What to do next
- Check your compost sources and get written feedstock information.
- Review land history for any owned or rented ground.
- Talk to your certifier if you are organic or transitioning.
- Contact your state agency for current rules, testing programs and application records.
- Comment on EPA's draft guidance by October 5, 2026.
- Talk to an advisor or attorney if you believe your land or water has been affected. This post is not legal advice.
Sources
- PFAS in Sewage Sludge — US EPA (accessed September 2026)
- Draft Sewage Sludge Risk Assessment for PFOA and PFOS (PDF) — US EPA (January 14, 2025)
- Draft Sewage Sludge Risk Assessment for PFOA and PFOS, comment period extension — Federal Register (April 17, 2025)
- Draft Guidance for Reducing Risk from PFOA and PFOS in Biosolids — US EPA (July 1, 2026)
- Draft Guidance for Reducing Risk from PFOA and PFOS in Biosolids (PDF) — US EPA (2026)
- Draft Guidance for Reducing Risk from PFOA and PFOS, docket notice — Federal Register (July 6, 2026)
- Maine Governor Signs First-in-Nation Law that Bans the Spreading of PFAS-Laden Sludge — Safer States (April 2022)
- Maine Legislature Passes Bill Prohibiting Land Application of Biosolids — NACWA (April 20, 2022)
- Maine Was First To Ban Spreading PFAS-Contaminated Sludge on Farmland. Now Sludge Is Filling up Landfills — Inside Climate News (November 24, 2025)
- Lawsuits, Disaster Declaration After PFAS Contaminates Farms in Johnson County, Texas — Texas A&M AgriLife, Texas Agriculture Law (February 24, 2025)
- Synagro seeks to dismiss lawsuit over PFAS in its biosolids, citing new research — Waste Dive (2025)
- After Johnson County state of disaster, lawmaker wants limits on chemicals in sewage fertilizer — Fort Worth Report (May 10, 2025)
- Court dismisses lawsuit alleging EPA failed to protect farmers from PFAS in fertilizer — Investigate Midwest (October 2, 2025)
- EPA PFAS fertilizer lawsuit dismissed — The New Lede (October 2025)
- Biosolids and PFAS questions are rippling to other states after Maine's land application ban — Waste Dive (date not confirmed)
Sources & context
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