Sun Sep 15 15:26:06 UTC 2024: ## EPA Declares No Legal Obligation to Regulate Toxic PFAS in Sewage Sludge

**Washington, DC** – The Environmental Protection Agency (EPA) has asserted in a court filing that it is not legally obligated to regulate toxic PFAS chemicals found in sewage sludge, despite concerns raised by environmental groups and farmers. This statement comes in response to a lawsuit filed by Public Employees for Environmental Responsibility (PEER) on behalf of Texas farmers who claim their livestock have been sickened and killed by PFAS contamination.

The lawsuit alleges that the EPA is violating the Clean Water Act by failing to identify and regulate PFAS in treated sewage sludge, which is often used as fertilizer. However, the EPA maintains that while the Clean Water Act requires periodic reviews of sewage sludge regulations, it does not mandate the identification or regulation of “additional toxic pollutants.”

“The relief they seek— an order directing EPA to identify PFAS in its next biennial report, and to regulate PFAS thereafter—is simply not available,” the EPA stated in its court filing.

This position has been met with criticism from PEER, who argues that it “flies in the face” of the Clean Water Act and puts people across the country at risk from PFAS exposure. The group points to language on the EPA website that states the agency is required to identify and regulate pollutants found in sewage sludge if sufficient scientific evidence shows they pose a threat to human health or the environment.

PFAS, a class of persistent chemicals known to accumulate in humans and animals, have been linked to various health problems including cancers, reproductive issues, and liver damage. Although sewage sludge is treated to remove pathogens, PFAS remain present. The EPA estimates that over 2.4 million tons of biosolids are applied to farmland annually, raising concerns about widespread contamination.

The EPA is currently conducting a risk assessment for two PFAS chemicals in biosolids, with results expected in late 2024. However, this assessment does not address the broader issue of regulating all PFAS in sewage sludge, a topic that remains contentious and raises questions about the agency’s commitment to protecting public health and the environment.

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