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On July 6, 2026, the U.S. Environmental Protection Agency (EPA) announced the release of a draft memorandum that would, if issued in final, provide guidance to operators of wastewater treatment plants (WWTP) and related facilities, landowners and farmers, state and Tribal water agencies, and the public on ways to reduce potential risks posed by perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids. 91 Fed. Reg. 41020. As reported in our January 14, 2025, blog item, in January 2025, the Biden EPA released a draft risk assessment (Draft Risk Assessment) aimed at understanding potential risks posed by PFOA and PFOS in sewage sludge. EPA states that after careful review of the comments provided by stakeholders, it has determined “that the Draft Risk Assessment exhibited a number of flaws . . . that have caused confusion among the public and the regulated community. This confusion has resulted in a lack of clarity in how the public could apply the preliminary findings of the Draft Risk Assessment in their daily lives, or put another way, in how to determine what the findings of the Draft Risk Assessment might mean for them.” According to EPA, based on the hypothetical biosolids and sewage sludge use and disposal scenarios modeled and presented in the Draft Risk Assessment, the Biden EPA’s focus on higher-risk scenarios, the lack of discussion about risks to the public, and the use of one part per billion as the modeled concentration resulted in a misconception that all biosolids and sewage sludge use and disposal practices will negatively affect the public. The draft guidance aims to provide clarity to stakeholders about the more common potential risks from PFOA and PFOS and identify some potential practices that can be taken to reduce PFOA and PFOS exposures. EPA notes that the draft guidance memorandum does not have the force and effect of law, nor does it bind the public in any way. Comments are due September 4, 2026.
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