How public works can get help paying for PFAS cleanup in wastewaterHow public works can get help paying for PFAS cleanup in wastewater

Removal of PFAS (per- and polyfluoroalkyl substances) from drinking water is receiving the full regulatory weight of the U.S. government. Used in firefighting foam, industrial applications and thousands of consumer products since the 1940s, the public health impacts related to PFAS exposure include cancer, thyroid disorders, ulcerative colitis, infertility and others. Now that PFAS are subject to EPA maximum contaminant levels (MCLs) for drinking water, public water systems have less than three years to test and less than five years to remediate.

To immediately tackle human exposure, drinking water is getting the most attention from regulators. However, to tackle the persistent presence of PFAS in source water, communities will have to widen their circles of treatment beyond drinking water, to areas such as wastewater and biosolids disposal, otherwise the problem will go on forever. However, PFAS wastewater effluent testing, treatment systems and alternative disposal methods of PFAS-laden biosolids are not in the budget for most public works departments, and it’s fair for cities and counties to seek funds from PFAS manufacturers, who for years failed to warn consumers and the United States government of the dangers of their products.

A look at federal and state wastewater regulation
While wastewater and biosolids disposal aren’t yet regulated for PFAS at the national level, regulatory developments at the federal and state levels are increasing the pressure on wastewater utilities. In addition to finalizing MCLs for PFAS in drinking water, the EPA also designated two common PFAS compounds (PFOA and PFOS) as hazardous substances under CERCLA (the Comprehensive Environmental Response, Compensation and Liability Act), also known as the Superfund. This means that any facility handling PFAS, even passive receivers like wastewater plants, can be held responsible for cleanup. And while the EPA has said it will focus enforcement efforts on PFAS producers, municipalities that own wastewater treatment plants, airports and landfills are not shielded from liability or lawsuits from other parties.  

Additionally, and even more concerning for agencies from a financial standpoint, wastewater facilities are starting to see revenue loss and increased costs from biosolids disposal. Before the health risks of PFAS were known, highly treated municipal biosolids were deemed safe for agricultural use. Now we know that food produced on farms fertilized with sludge-derived fertilizers can contain high levels of PFAS, making them unsafe for consumption.

As a result, more and more states are implementing monitoring programs for PFAS in biosolids, signaling that tighter restrictions may be forthcoming, and several states have restricted, banned or are in the process of limiting the land application of biosolids.

For example, Maine has started a buyback program for some contaminated farmland and banned the application of biosolids on agricultural land, and Connecticut recently banned the sale of biosolids-based products contaminated with PFAS. Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New York, and Virginia are among the other states that either proposed or passed PFAS regulation affecting wastewater.

The costs to wastewater plants
According to a 2023 report by the Minnesota Pollution Control Agency, the cost of removing and destroying PFAS from municipal wastewater will range from $2.7 million to $18 million per pound, with a total price tag of $14 billion to $28 billion over 20 years for all utilities—and that’s just for the state of Minnesota.

Two more potential costs related to PFAS, as mentioned above, are the loss of biosolids revenue and the increased costs from biosolids disposal. Turning human waste into biosolids has long been a way to manage the disposal of sludge at wastewater treatment plants. By processing sludge into biosolids, plants have reduced waste transportation costs, and in the last few decades also have earned revenue from selling the highly treated biosolids for agricultural use. But this was before the health risks of PFAS were known. Now we know that PFAS can move from soil to food crops on farms fertilized with biosolids, and states have started limiting the land application of biosolids. This is resulting in increasing costs for wastewater facilities that can no longer sell their biosolids—and may even have to pay handsomely to send them to a hazardous waste site. 

No pass for passive receivers 
PFAS come into municipal wastewater plants in the influent thanks to countless consumer products—like body products with PFAS that enter the waste stream during showering and toileting, and like waterproof clothing and non-stick cookware with PFAS that are released during laundering and dishwashing. Municipal plants that treat industrial wastewater, stormwater runoff and/or landfill leachate may see PFAS from these sources too. Wastewater facilities are considered passive receivers of PFAS because they had no hand in producing the compounds. However, it’s likely they eventually will be targeted because of the critical role they can play in PFAS cleanup. 

Other municipal-owned passive receivers include landfills, which are contaminated with PFAS due to the previously described consumer products discarded in household garbage as well as wastewater sludge not treated for PFAS. Fire training facilities and airports can have elevated levels of PFAS due to their legally mandated use of Aqueous Fire Firefighting Foam (AFFF), though they too were unaware of the serious health implications of such usage. 

Litigation is a part of a solid funding strategy for cities and counties
Recent federal funding through the Infrastructure Investment and Jobs Act is substantial, but the funds for PFAS remediation are intended primarily for public drinking water. Wastewater treatment utilities will have to look elsewhere for meaningful cleanup funds. 

Hundreds of cities, counties and utilities have pursued litigation against PFAS manufacturers, and to date, drinking water utilities have been awarded settlements totaling more than $14 billion. To stay ahead of regulation and to improve the water quality in their communities, wastewater utilities, airports and other municipal entities are proactively bringing forth legal action against PFAS manufacturers to secure funds needed to stop the flow of PFAS back into source waters and retool their biosolid disposal processes. 

The “forever chemical” problem was created by for-profit companies that for decades manufactured products they knew were toxic to humans. City and county water and wastewater plants are now in a prime position to help clean up the pollution—but that doesn’t mean they should be stuck paying for it.