Biosolids.  Biosolids are nutrient-rich organic materials resulting from processing domestic sewage in a treatment facility.  When treated and processed, these residuals can be recycled and applied as fertilizer to improve and maintain productive soils and stimulate plant growth.

Under federal law, there are different rules for different classes of biosolids.  While both classes are treated, class A biosolids contain no detectable levels of pathogens, but class B biosolids may.  When used in bulk, class A biosolids are subject to buffer requirements but not to crop-harvesting restrictions.  In general, class B biosolids are subject to buffer requirements, public access requirements, and crop harvesting restrictions.

Biosolids Management Program.  The Department of Ecology (Ecology) administers a biosolids management program.  Rules for the program address how and when biosolids can be applied to land as a fertilizer.  These rules include other requirements of biosolids, including total pollution concentration limits, pathogen reduction rates, and vector attraction reduction requirements.

Perfluoroalkyl and Polyfluoroalkyl Chemicals.  Perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals, sometimes called forever chemicals, are a class of fluorinated organic chemicals that contain at least one fully-fluorinated carbon atom.  PFAS chemicals are characterized by their resistance to oil, stains, grease, and water, in addition to their durability, heat resistance, and anti-corrosive properties.  They are added to carpets, cookware, food packaging, clothing, cosmetics, and other common consumer products.  PFAS chemicals are also included in certain types of firefighting foams.

State Developments.  Ecology identifies PFAS chemicals as persistent, bioaccumulative, and toxic.  In November 2024, Ecology and the Washington State Department of Health released a statewide funding strategy for future projects addressing PFAS chemicals in drinking water, environmental contamination, and waste.   In recent years, Washington State has enacted laws and adopted regulations relating to PFAS chemicals levels in drinking water, firefighting foam and equipment, food packaging, and many consumer products.

Federal Developments.  In 2021, the United States Environmental Protection Agency (EPA) first announced its PFAS Strategic Roadmap, laying out the agency's approach to addressing PFAS chemicals.  In April 2024, EPA promulgated a final rule establishing legally enforceable levels for six PFAS chemicals in drinking water, including perfluorooctanoic acid (PFOA) and perfluoroctane sulfonic acid (PFOS).  During the same time, EPA designated PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund.

In December 2024, EPA published Method 1633A, relating to analysis of PFAS substances in aqueous, solid, biosolids, and tissue samples.  Method 1633A is an analytical method capable of measuring 40 PFAS compounds in wastewater, surface water, groundwater, soil, biosolids, sediment, landfill leachate, and fish tissue.

On January 14, 2025, EPA released a draft risk assessment for PFOA and PFOS.  EPA stated the assessment indicates there are potential risks to human health to those living on or near impacted properties or primarily relying on products from land application and surface disposal of sewage sludge containing PFOA and PFOS.  The potential risks depend on chemical concentration, chemical management practice, and local and geological conditions.

Perfluoroalkyl and Polyfluoroalkyl Chemicals Sampling, Analysis, and Guidance.  By July 1, 2026, Ecology must publish guidance to clarify PFAS chemicals sampling requirements, including frequency and methodology, for facilities generating biosolids.  Facilities generating biosolids regulated under the program must sample biosolids, no more than quarterly between January 1, 2027, and June 30, 2028, for PFAS chemicals in accordance with Ecology's guidance and have the samples analyzed for PFAS chemicals by an accredited laboratory using Method 1633A.  Facilities must provide all sampling results to Ecology by September 30, 2028.

Advisory Committee.  By September 30, 2028, Ecology must convene an advisory committee with representatives from the farming community, toxicologists, utilities that produce soil amendments, local governments, experts, interested parties, and other similar stakeholders.  Utilities that produce soil amendments include special purpose districts, municipal utility providers, and public utility districts.

Legislative Report.  By July 1, 2029, in consultation with the advisory committee, Ecology must submit a report to the Legislature and the public with a summary of the analysis of the levels of PFAS chemicals in biosolids produced in Washington, land applied in Washington, or both, and recommendations on how to proceed based on the analysis.

Other Provisions.  For the purposes of Ecology publishing guidance, submitting a legislative report, and convening the advisory committee; and for facilities sampling and analyzing biosolids, the term biosolids does not include septic tank sludge, also known as septage.  Annual fees for issuing and administering biosolids permits under the program may include costs to recover expenses incurred by Ecology for sampling or testing.