EPA Takes a Fresh Look at PFAS Risks in Updated Biosolids Guidance

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July 9, 2026

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As published in the Federal Register (FR) on July 6, 2026, commenters have until September 4, 2026 to comment on EPA's newly released “Draft Guidance for Risk Reduction from PFOA and PFOS in Biosolids.” Comments can be submitted at Regulations.gov referencing Docket No. EPA-HQ-OW-2026-2509.

The FR Notice references a June 29, 2026, memorandum from Assistant Administrator for the Office of Water Jessica Kramer that indicates that, when finalized, the guidance “would provide recommendations that may be helpful to operators of wastewater treatment plants (WWTPs) and related facilities, landowners and farmers, state and Tribal water agencies, and the public. It provides voluntary recommendations for potential ways to mitigate risks from perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) involving land application of biosolids” (emphasis added).

Importantly, EPA's request for comment specifically asks stakeholders whether the agency should reevaluate the framework underlying the Biden' Administrations 2025 draft risk assessment and what additional data should inform future actions regarding PFAS in biosolids. EPA previously extended the comment period on the 2025 draft risk assessment twice to gain further input from experts and stakeholders.

The memorandum emphasizes the importance of the availability of land management of biosolids to wastewater treatment facilities, as opposed to landfilling or incineration, and notes that EPA has long endorsed this practice. EPA estimates that 60% of biosolids are land applied, but on only about 1% of the nation's croplands. The memorandum also cites FDA's testing of the nation's food supply for the presence of PFAS and its general absence (other than certain seafoods) from the American food supply.

The memo also cites to the “tiered risk management" approach taken in several states concerning biosolids land application as well as the developing requirements in delegated authority NPDES programs to require sampling of industrial and municipal effluent for PFAS and source reduction efforts.

"After careful review of the comments provided by stakeholders, the EPA has determined that the (2025 Biden Administration) Draft Risk Assessment exhibited a number of serious flaws that have caused confusion among the public and the regulated community."
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