The Pennsylvania Department of Environmental Protection (“DEP”) has proposed updates to two general permits to address potential PFAS contamination in biosolids that are applied to farm fields. The proposed updated permits would introduce monitoring requirements for the first time for wastewater treatment facilities that produce biosolids for land application.

Under the proposed updated permits, wastewater treatment facilities would have to monitor Perfluorooctane Sulfonate “PFOS” and Perfluorooctanoic Acid “PFOA”, which in some studies have both been linked to serious health concerns, in any biosolids they produce for land application. The permits would also require that wastewater treatment facilities with PFOS or PFOA in biosolids over a certain threshold develop a plan to reduce the amounts of chemicals in the wastewater. 

Biosolids from wastewater treatment facilities are frequently used on farms as fertilizer. There have been increasing concerns that PFAS containing biosolids are a source of farm field and groundwater contamination. PFAS are a class of synthetic chemicals used since the 1940s to make water, heat and stain resistant products such as cookware, carpets, clothing, furniture fabrics, paper packaging for food, and other resistant materials. These chemicals are persistent in the human body and throughout the environment. Certain PFAS are believed to cause adverse health effects but are considered emerging chemicals, as research into their impacts on human health and the environment continues.

The two draft general permits, PAG-07 (General Permit for Beneficial Use of Exceptional Quality Biosolids) and PAG-08 (General Permit for Beneficial Use of Biosolids), were published in the Pennsylvania Bulletin on July 4, 2026. DEP will accept comments on the draft permits until September 2, 2026. Comments may be submitted through DEP’s eComment platform or by emailing ecomment@pa.gov.

If you have questions about DEP’s proposed PFAS biosolids regulations or their potential impact, please contact attorney Martin Siegel or any member of the Barley Snyder Environment & Energy Industry Group.