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Interim strategy requirements: land application of biosolids containing PFAS

The Department of Environment, Great Lakes, and Energy (EGLE) is implementing the following interim strategy/requirements to guide Wastewater Treatment Plants (WWTPs) and landowners/farmers who make decisions on land applying biosolids with detectable concentrations of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). 

EGLE implemented the Land Application of Biosolids Containing PFAS Interim Strategy first in 2021, with subsequent modifications in 2022 and 2024. Requirements under the 2024 updated interim strategy are detailed below and apply to all facilities with approved Residuals Management Programs (RMPs) under Michigan’s Part 24 Biosolids Rules.  

Continue source identification and reduction efforts

Prohibit land application of industrially-impacted biosolids

Mitigate (reduce) risks moving forward

Inform landowners, farmers, and WWTPs about PFAS; create and retain publicly available information

Exceptional Quality (EQ) biosolids – additional requirements

Facilities who wish to obtain and/or maintain the Exceptional Quality designation for biosolids, must have a combined concentration of PFOS and PFOA below 20 µg/kg under the updated interim strategy.  Compliance with this condition must be demonstrated via quarterly monitoring. 

These requirements are in addition to, and do not supersede or replace, in any way, other requirements for Exceptional Quality designation as defined in the state and federal biosolids regulations.

Monitoring frequency

All facilities that land apply Class A or Class B biosolids are required to collect one representative sample of the finished biosolids product per calendar year prior to land application.

All facilities with biosolids designated as Exceptional Quality (EQ) are required to collect representative samples of the finished biosolids product on a quarterly basis.

All samples must be submitted to EGLE via MiEnviro Portal at least two weeks prior to land application.

Landowner and farmer communication

Facilities with approved Residuals Management Programs shall provide the PFOS and PFOA analytical results and additional information specific to PFAS and biosolids in Michigan via hard copy or electronic mail to the landowner and farmer (if different) prior to land application of biosolids.

Additional resources for landowners and farmers

Sampling and analysis requirements

Currently, there are no United States Environmental Quality Agency (USEPA)-approved methods for PFAS analysis of sludge and biosolids. 

Analyses may be performed using EPA Method 1633, ASTM D7979, or an isotope dilution method (sometimes referred to as Method 537 modified) until one or more analytical methods are promulgated in Title 40 of the Code of Federal Regulations (40 CFR), Part 136, Guidelines Establishing Testing Procedures for the Analysis of Pollutants, at which time only promulgated methods may be used.

Until there is an approved method, all biosolids PFAS sample results shall at minimum include the 28 analytes previously used on the MPART PFAS minimum laboratory analyte list.

Sampling resources

Winter land application

EGLE requires all facilities with approved Residuals Management Programs (RMPs) to sample once per calendar year prior to the initial land application of the year. 

For some winter land applications, it can be difficult to complete sampling prior to land application when conducted within the first month of the year (January).  If a facility with an approved RMP had a seasonal land application that was intended to be completed by the end of the year (December 31), this application could be completed through January 31 of the following year.  If there is a possibility land application may be extended past January 31, facilities with approved RMPs are required to collect a new biosolids sample for PFAS analysis and submit the results prior to land application.  Requests of land application extensions shall be submitted to the WRD via email. 

Decisions regarding winter land application extensions will be based on past biosolids PFAS data, biosolids source effluent data, and any other relevant data.

A note on implementation

The implementation of these updated measures is part of an interim strategy to mitigate risk to public health and the environment from potential adverse effects of biosolids containing PFAS.  Notification of these requirements in the updated strategy was made via e-mail to facilities with existing approved Residuals Management Programs. 

These additional requirements are considered a modification to the approved Residuals Management Program and are made in accordance with provisions outlined within Michigan’s Part 24 Administrative Rules, Land Application of Biosolids, promulgated pursuant to Part 31, Water Resources Protection, of the Natural Resources and environmental Protection Act, 1994 PA 451, as amended (NREPA), specifically Rule 2404(1), and language contained within existing discharge permits.

Contact us

Christian Smith, Statewide PFAS in Biosolids Coordinator, at SmithC186@Michigan.gov or 517-257-0251.